§ 12.60

The following definitions govern the construction of this chapter:

A.

"Assessment/remedial investigation" means those actions that are reasonably necessary to determine the nature and full extent of a hazardous material release at a site, including hazardous substance contamination or potential contamination of air, soil, soil gas, surface water and ground water at the site; identify the public health and environmental threat posed by the release; collect data on possible remedies; or otherwise evaluate the site for purposes of developing a remedial action plan.

B.

"Business" means the conduct of activity and is not limited to a commercial or proprietary activity.

C.

"Business activity" means any activity conducted by any person in furtherance of such person's business (regardless of whether such business is for profit) or employment at any location other than a natural person's residence.

D.

"Business concern" means any sole proprietorship, corporation, association, firm, partnership, trust, or other form of commercial organization.

E.

"Forester and fire warden" means the forester and fire warden of the county of Los Angeles and the Consolidated Fire Protection District of Los Angeles County.

F.

"Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, acutely hazardous materials, hazardous substances, hazardous waste, petroleum products, and any material which the business concern or the administering agency has reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or environment.

G.

"Hazardous substance" means any hazardous substance included in Section 25316 of the California Health and Safety Code or in Section 6382 of the California Labor Code.

H.

"Hazardous waste" means a waste, or combination of wastes, as defined in Section 25117 of the California Health and Safety Code or a waste that is hazardous according to the criteria set forth in Chapter 10, Division 4.5, Title 22 of the California Code of Regulations.

Unless expressly provided otherwise, the term "hazardous waste" shall be understood to also include extremely hazardous waste.

I.

"Hazardous waste control laws" means those laws which are promulgated by the state of California which are enforced by the forester and fire warden or his duly authorized representatives, including but not limited to Chapter 6.5 of Division 20 of the California Health and Safety Code.

J.

"Person" shall have the meaning as set forth in Section 25118 of the Act and means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation, including, but not limited to, a government corporation. "Person" also includes any city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law.

K.

"Remedial action" means those actions that are reasonably necessary to prevent, minimize or mitigate damage that might otherwise result from a release of hazardous material or that are consistent with a permanent remedy of that damage or potential damage.

L.

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, unless permitted by a regulatory agency.

M.

"Site" means any area where a hazardous material has been spilled, released, stored, disposed, placed or otherwise comes to be located.

N.

"Site mitigation work" means any assessment/remedial investigation or remedial action conducted at any site of hazardous material contamination.

O.

"Threatened release" means a condition creating a substantial probability of harm, when the probability and potential extent of harm makes it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to person, property or the environment.

(Ord. 96-0062 § 4 (part), 1996.)

The provisions of the chapter shall apply to all the unincorporated and incorporated areas of the county within the jurisdiction of the Los Angeles County Certified Unified Program Agency, defined in Section 12.50.010 of Chapter 12.50 of the county code, or in other jurisdictions of the county where the county is a participating agency, as defined in Section 12.50.010 of Chapter 12.50 of the County Code, to another Certified Unified Program Agency, as defined in Section 12.50.010 of Chapter 12.50 of the county code, for the Hazardous Waste Generator Program, as defined in Section 12.50.030 of Chapter 12.50 of the county code.

(Ord. 97-0037 § 13, 1997; Ord. 96-0062 § 4 (part), 1996.)

A site assessment/remedial investigation is required whenever there is a suspected escape, spill or release of hazardous materials into the environment or for the purpose of determining applicability of the hazardous waste control laws. A remedial action is required whenever it is determined that there was an escape, spill or release of hazardous materials into the environment which may pose a significant threat to human health or the environment. No person shall engage in the process of site assessment/remedial investigation or remedial action on a site, where a hazardous material release may have occurred and which is under the jurisdiction of the forester and fire warden or where oversight is requested from the forester and fire warden, until an application for oversight has been submitted to and approved by the health hazardous materials division, site mitigation unit of the forester and fire warden pursuant to this chapter.

Exceptions:

A.

The site assessment/remedial investigation or remedial action is being overseen by another authorized city, county, state or federal agency.

B.

The site assessment/remedial investigation or remedial action is minor in nature, as determined by the forester and fire warden, or is being overseen by other health hazardous materials division staff of the forester and fire warden.

C.

The site is fully within the incorporated city limits of the cities of Long Beach, Pasadena, or Vernon.

(Ord. 96-0062 § 4 (part), 1996.)

Documentation showing the qualifications of the person(s) performing site mitigation work must be submitted to the health hazardous materials division. No person shall engage in site mitigation work without the appropriate education, experience, equipment, and professional certifications as determined by the health hazardous materials division of the forester and fire warden.

(Ord. 96-0062 § 4 (part), 1996.)

No person shall engage in site mitigation work without submitting appropriate workplans and documents, as determined by the health hazardous materials division of the forester and fire warden and outlined in the health hazardous materials division "Site Mitigation Workplan Guidelines."

(Ord. 96-0062 § 4 (part), 1996.)

A.

Fees for site mitigation and oversight will be assessed to the responsible party (as defined in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), section 106) for a site which requires oversight by the Health Hazardous Materials Division's site mitigation unit, or the person requesting oversight by the Health Hazardous Materials Division's site mitigation unit. These fees shall be based upon the hourly personnel costs incurred by the Forester and Fire Warden to recover the costs of oversight, as approved by the County Auditor-Controller.

B.

The responsible party or person requesting oversight shall be assessed an initial oversight fee to recover the costs of the Forester and Fire Warden to initially review and analyze the site, submitted site assessment reports, site history, and determine site regulatory requirements, site priority, and lead agency status. This fee shall be based upon average hourly personnel costs incurred by the Forester and Fire Warden to conduct this initial review, as approved by the County Auditor-Controller. Beginning in fiscal year 20252026, this fee shall be $4,020 for each site accepted by the Forester and Fire Warden.

C.

The responsible party or the person requesting oversight by the Health Hazardous Materials Division's site mitigation unit shall be required to pay oversight fees, based upon hourly personnel costs incurred by the Forester and Fire Warden to review and oversee site assessment and remediation activities over and above the initial review fee in Section 12.60.050B, as approved by the County Auditor-Controller. Beginning in fiscal year 2025-2026, the hourly rate shall be $249.

(Ord. 2025-0026 § 4, 2025; Ord. 2024-0041 § 5, 2024; Ord. 2023-0029 § 7, 2023; Ord. 2021-0023 § 4, 2021; Ord. 2020-0029 § 5, 2020; Ord. 2019-0027 § 5, 2019; Ord. 2016-0029 § 3, 2016; Ord. 2010-0044 §

10, 2010; Ord. 2007-0063 § 13, 2007; Ord. 99-0046 § 3, 1999; Ord. 96-0062 § 4 (part), 1996.)

All payments made pursuant to this chapter shall be collected and accounted for in accordance with the requirements of the county treasurer-tax collector and the county auditor-controller.

(Ord. 96-0062 § 4 (part), 1996.)

If any fee required to be paid pursuant to this chapter is not paid prior to the delinquency date as defined in Section 12.52.075, in addition to such fee, the applicant shall pay a penalty equal to 40 percent of the total assessed fee(s). Date of payment is the date payment is received.

(Ord. 2010-0044 § 11, 2010; Ord. 2005-0054 § 20, 2005; Ord. 96-0062 § 4 (part), 1996.)

If any fee and late payment penalty imposed pursuant to this Chapter 12.60 is not paid within 30 days after the delinquency date as defined in Section 12.52.075, a certificate of lien, as authorized by section 101345 of the California Health and Safety Code, may be recorded upon all real property in the County owned or later acquired by the responsible party or person requesting oversight, as specified in Section 12.60.050.

(Ord. 2010-0044 § 12, 2010; Ord. 2008-0050 § 37, 2008; Ord. 98-0049 § 3, 1998.)

Should any person, business or business concern dispute the amount or applicability of any fee or late payment penalty for site mitigation oversight assessed pursuant to Section 12.60.050 or 12.60.060 of this chapter, the person, business or business concern shall:

A.

First pay the assessed fee before the payment becomes late to avoid additional penalties;

B.

If applicable, request, within 60 days of the date of the first invoice requesting payment, an inspection by an authorized representative of the chief to verify the conditions or status of the incident leading to the assessment of oversight fees. The representative will inspect the facility, involved site and any related records within a reasonable period of time to determine if any change in assessed fees is indicated;

C.

Submit to the chief within 60 days of the date of the first invoice requesting payment, a written request for refund or adjustment of the fee or penalty, including copies of any documentation to justify the claim for refund or adjustment;

D.

If the application for refund or adjustment is denied, the applicant may within 60 days of the denial, apply to the chief in writing for an appeal hearing. The chief shall set a date for an appeal hearing before an appeal board not later than 90 days after the date of the application. Notice of the time and place of the hearing shall be mailed to the person applying not later than 15 days before the date set for the hearing. The chief may request said person to produce specific records at such hearing and the notice may designate records required to be produced;

E.

The appeal board shall be chaired by the chief or his/her designee. The appeal board shall be composed of representatives from the health hazardous materials division and the financial management division of the forester and fire warden. The hearing shall be informal and shall not be governed by the rules of evidence applicable to courts of law. The appellant shall have the right to present relevant evidence at the hearing. Representatives of the forester and fire warden may, but need not, present relevant evidence. Before the conclusion of the hearing, the chief may but need not, permit other persons to present relevant evidence. The chief may continue the hearing at his/her discretion for the purpose of allowing the presentation of additional evidence;

F.

At the conclusion of the hearing, or within a reasonable time thereafter, the appeal board shall determine, based upon the evidence presented at the hearing, whether to deny the request for refund or adjustment, to make the refund or adjustment as requested, or to make some adjustment to a lesser fee other than that specifically requested. Written notice of the decision of the appeal board shall be given the appellant within 20 days of the conclusion of the hearing.

(Ord. 97-0037 § 14, 1997.)

Any person who violates any provision of Sections 12.60.020 through 12.60.040 inclusive, shall be guilty of a misdemeanor, punishable by fine not to exceed $1,000.00, or by imprisonment in the county jail for a period not exceeding six months, or both pursuant to Section 1.24.020 A of the county code.

The provisions of this section are in addition to and independent of any other sanctions, penalties, or liabilities which are or may be imposed under this chapter or any other provisions of the hazardous waste control laws.

(Ord. 2005-0054 § 21, 2005; Ord. 96-0062 § 4 (part), 1996.)

12.60.080 - Hourly rates and fees—Annual adjustment procedure.

A.

Beginning with the 2000-2001 fiscal year, the hourly rates for site mitigation oversight contained in Section 12.60.050 shall be determined annually by dividing the annualized cost to the forester and fire warden to administer and implement the site mitigation oversight program by the personnel hours for site mitigation oversight; where the annualized cost is defined as the salaries, employee benefits and overhead for

personnel assigned to the site mitigation program calculated from rates contained in the forester and fire warden's rate package, as approved by the auditor-controller, and; where personnel hours is determined by multiplying productive work hours as defined by the auditor-controller by the number of personnel assigned to site mitigation oversight.

B.

Beginning with the 2000-2001 fiscal year, the initial oversight fee contained in Section 12.60.050 shall be adjusted annually by the following procedure:

The annual adjustment shall be the result of computing the average cost to the forester and fire warden to conduct an initial site review by multiplying the hourly rate determined in Section 12.60.080 A by the average time spent to conduct this initial site review. All such average personnel time, hourly rate, and resultant initial oversight fee will be calculated from the rates contained in the forester and fire warden's rate package, as approved by the auditor-controller.

(Ord. 2000-0030 § 3, 2000; Ord. 96-0062 § 4 (part), 1996.)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provisions to other persons or circumstances, shall not be affected thereby.

(Ord. 96-0062 § 4 (part), 1996.)

Chapter 12.64 - HAZARDOUS MATERIALS DISCLOSURE AND RISK MANAGEMENT

12.64.010 - Definitions.

The following definitions govern the construction of this chapter:

A.

"Act" means Chapter 6.95 (commencing with section 25500) of Division 20 of the California Health and Safety Code.

B.

"Business" means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, limited liability company, or association. "Business" includes a business organized for profit and a nonprofit business. "Business" also includes every governmental agency.

C.

"Business Plan" means a separate plan for each unified program facility, site, or branch of a business that meets the requirements of section 25505 of the Act.

D.

"California Environmental Reporting System" (CERS) is a Statewide web- based system to support CUPA and Participating Agencies (PA) in electronically collecting and reporting various hazardous materialsrelated data as mandated by the California Health and Safety Code, including section 25404.

E.

"Certified Unified Program Agency" (CUPA) means the agency certified by the Secretary to implement the unified program specified in this chapter within the County of Los Angeles, pursuant to chapter 6.11 of the Act and the local agency authorized pursuant to section 25502 of the Act to implement and enforce the Act.

F.

"Chief" means the Division Chief of the Health Hazardous Materials Division of the Forester and Fire Warden. "Chief" also means any authorized representative of the Forester and Fire Warden charged with the enforcement of the Act.

G.

"Compressed gas" shall have the same meaning as defined in Section 3002.1 of Title 32, Fire Code, of the Los Angeles County Code.

H.

"Covered process" means a process that has a regulated substance present in more than a threshold quantity as determined under Section 2770.2 of Title 19 of the California Code of Regulations.

I.

"Forester and Fire Warden" means the Forester and Fire Warden of the County of Los Angeles and the Consolidated Fire Protection District of Los Angeles County.

J.

"Handle" means to use, generate, process, produce, package, treat, store, emit, discharge, or dispose of a hazardous material or regulated substance in any fashion and includes the use or potential use of a quantity of hazardous material or regulated substance by the connection of any marine vessel, tank vehicle, tank car, or container to a system or process for any of the above purposes or activities.

K.

"Handler" means any business which handles a hazardous material or regulated substance.

L.

"Hazardous material" means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous materials" include, but are not limited to, hazardous substances, hazardous waste, and any material which a handler or the CUPA has

reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or environment.

M.

"Notice of violation" means a written notice issued to a handler or a business with a covered process by an authorized representative of the Forester and Fire Warden in the course of conducting an inspection which:

1.

Identifies violations of the Act or deviations from minimum standards and regulations adopted pursuant to the Act;

2.

Is presented to a person who is an owner or employee of the business being inspected; and

3.

States the nature of the violations or deviations, the means by which compliance with the permit conditions, rules, regulations, standards, or other requirements cited by the inspector may be achieved, and a time limit in which to comply, which shall not exceed 30 days.

N.

"Permittee" shall have the same meaning as defined in Section 12.50.010.

O.

"Process" means any activity involving a regulated substance, including any use, storage, manufacturing, handling, or onsite movement of the regulated substance or any combination of these activities. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located so that a regulated substance could be involved in a potential release, shall be considered a single process. This definition shall not apply to Article 6.5 of Title 19 of the California Code of Regulations.

P.

"Process" for purposes of Article 6.5 of Title 19 of the California Code of Regulations means petroleum refining activities involving a highly hazardous material, including use, storage, manufacturing, handling, piping, or on-site movement. For the purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located such that an incident in one vessel could affect any other vessel, shall be considered a single process. Utilities and safety-related devices shall be considered part of the process if, in the event of an unmitigated failure or malfunction, they could potentially contribute to a major incident. This definition includes processes under partial or unplanned shutdowns. Ancillary administrative and support functions, including office buildings, laboratories, warehouses, maintenance shops, and change rooms are not considered processes under this definition.

Q.

"Qualified person" means a person who is qualified to attest, at a minimum, to: (1) the validity and appropriateness of the process hazard analyses (PHA) performed pursuant to Section 2760.2 of Title 19 of the California Code of Regulations; (2) the completeness of a risk management plan; and (3) the relationship between the corrective steps taken by the owner or operator following the PHAs and those hazards which were identified in the analyses.

R.

"Regulated substance" or "RS" means any substance, unless otherwise indicated, listed in Section 2770.5 of Title 19 of the California Code of Regulations.

S.

"Regulated substances accident risk" means a potential for the accidental release of a regulated substance into the environment that could produce a significant likelihood that persons exposed may suffer acute health effects resulting in significant injury or death.

T.

"Restaurant" shall have the same meaning as defined in Section 11.02.320 of Title 11, Health and Safety, of the Los Angeles County Code.

U.

"Risk management plan" or "RMP" means the risk management plan required under Part 68 (commencing with section 68.1) of Subchapter C of Chapter I of Title 40 of the Code of Federal Regulations, the California Health and Safety Code, Chapter 6.95, Article 2, and as described by the component elements identified in Article 3 of Title 19 of the California Code of Regulations.

V.

"Stationary source" means any stationary source, as defined in Section 2735.3 of Title 19 of the California Code of Regulations.

W.

"Threshold quantity" or "TQ" means the quantity of a regulated substance pursuant to Section 2770.5 of Title 19 of the California Code of Regulations and determined to be present at a stationary source as specified in Section 2770.2 of Title 19 of the California Code of Regulations.

X.

"Unified program agency" or "UPA" means the CUPA, or its participating agencies to the extent each participating agency has been designated by the CUPA, pursuant to a written agreement, to implement or enforce a particular unified program element specified in paragraphs (4) and (5) of subdivision (c) of section 25404 of the Act.

Y.

"Unified program facility permit" shall have the same meaning as defined in Section 12.50.010.

(Ord. 2020-0029 § 6, 2020; Ord. 2017-0035 § 4, 2017; Ord. 2010-0044 § 13, 2010; Ord. 2008-0050 § 38, 2008; Ord. 99-0046 § 4, 1999; Ord. 98-0049 § 4, 1998; Ord. 96-0062 § 5 (part), 1996.)