§ 12.64

Every person, business, or business concern within the jurisdiction of the LACoCUPA falling within the requirements of this Chapter shall be required annually to obtain from the LACoCUPA a unified program facility permit in accordance with Chapter 12.50 of this code and pay any fees as required by this Chapter before handling hazardous materials.

(Ord. 2008-0050 § 39, 2008.)

Every business shall comply with reporting requirements as set forth by the CUPA relating to hazardous materials, regulated substances, and stationary sources under the Act.

A.

The required reporting includes:

1.

Initial submission of the business plan which shall include the facility information, chemical inventory information, a site map, emergency response/contingency plan, and a training plan as provided in section 25505 of the California Health and Safety Code to the CERS within 30 days of the commencement of operation of the business;

2.

Correction and resubmission within 30 days of any defects in the business plan requested to be corrected by the CUPA pursuant to section 25508(a)(2) of the Act;

3.

Submission of a modified business plan or inventory within 30 days of changes that require resubmission pursuant to section 25508.1 of the Act; and

4.

Resubmission of the inventory portion of the business plan and/or a certification statement annually including the site map, contingency plan, and the employee training plan annually to CERS by the due date established by the CUPA, pursuant to section 25508(a)(2) of the Act.

B.

Every business which handles regulated substances shall be required to submit, by the due date established by the CUPA, a registration form and/or certification statement to the CUPA in accordance with

the regulations adopted pursuant to section 25534.05 of the Act and the requirements of the CUPA pursuant to section 25534.05 of the Act.

C.

Any information requested by the CUPA necessary to make a determination of the likelihood of a regulated substance accident risk, pursuant to sections 25534(a) and 25534.5 of the Act, shall be submitted within 30 days.

D.

Risk management plans shall be submitted pursuant to Section 2745.1 of Title 19 of the California Code of Regulations.

E.

Any requested corrections of the risk management plan shall be submitted within 60 days pursuant to Section 25535 of the Act.

(Ord. 2020-0029 § 7, 2020; Ord. 2019-0027 § 6, 2019; Ord. 2017-0035 § 6, 2017; Ord. 2008-0050 § 40, 2008; Ord. 2005-0054 § 22, 2005; Ord. 98-0049 § 5, 1998; Ord. 96-0062 § 5 (part), 1996.)

Beginning with the fiscal year 2025-2026, the annual fee required to be paid to the Forester and Fire Warden by every handler of hazardous materials for the administration and enforcement of the provisions of the Act shall be as follows:

The following definitions govern the construction of this Section 12.64.040:

"Refinery" means a plant in which flammable or combustible liquids are produced on a commercial scale from crude petroleum, natural gasoline, or other hydrocarbon sources.

"Chemical plant" means a large integrated plant or that portion of such a plant other than a refinery or distillery where liquids are produced by chemical reactions or used in chemical reactions.

"Distillery" means a plant or that portion of a plant where liquids produced by fermentation are concentrated, and where the concentrated products may also be mixed, stored, or packaged.

"Bulk plant or terminal" means that portion of a property where liquids are received by tank vessel, pipelines, tank car, or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank, or container.

Exemption 1:

Any facility with underground fuel tanks, regardless of quantity shall be considered to be a Fee Group II facility, unless the total quantity of hazardous materials handled other than motor vehicle fuels at any one time during the reporting year exceeds the Fee Group II quantity limits in which event the facility shall fall into the appropriate Fee Group category above based upon the total quantity of hazardous materials handled other than motor vehicle fuels.

shall be considered to be a Fee Group II facility, unless the total quantity of hazardous materials handled other than motor vehicle fuels at any one time during the reporting year exceeds the Fee Group II quantity limits in which event the facility shall fall into the appropriate Fee Group category above based upon the total quantity of hazardous materials handled other than motor vehicle fuels.

Exemption 2:

When a business is a farm which submits its business plan and/or inventory directly to CERS and is accepted by the County Agricultural Commissioner, any fees, annual adjustments, or late fees shall be established by and paid to the County Agricultural Commissioner.

Exemption 3:

Any person, business, or business concern which conducts, exclusively for charitable purposes, an activity for which a fee is required under this chapter and from which no person benefits through the distribution of profits, payment of excessive charges or compensation, or the more advantageous pursuit of their business, or profession shall not be charged any fee. Facts supporting entitlement to such exemption from a fee requirement shall be shown by affidavit filed with the Forester and Fire Warden. Any person, business, or business concern which conducts an activity for which a fee is required to be paid by this chapter shall be deemed to qualify for a fee exemption if it complies with section 214 of the California Revenue and Taxation Code as now and hereafter amended.

Exemption 4:

Any facility that handles carbon dioxide solely for the purposes of beverage dispensing onsite, and does not handle any other reportable amounts of hazardous materials shall be considered to be a Fee Group I facility.

(Ord. 2025-0026 § 5, 2025; Ord. 2024-0041 § 6, 2024; Ord. 2023-0029 § 8, 2023; Ord. 2023-0007 § 2, 2023; Ord. 2021-0023 § 5, 2021; Ord. 2020-0029 § 8, 2020; Ord. 2019-0027 § 7, 2019; Ord. 2017-0035 § 7, 2017; Ord. 2016-0029 § 4, 2016; Ord. 2010-0044 § 14, 2010; Ord. 2007-0063 § 14, 2007; Ord. 2005-0054 § 23, 2005; Ord. 2001-0091 § 1, 2001; Ord. 2000-0029 § 1, 2000; Ord. 98-0050 § 2, 1998; Ord. 97-0037 § 15, 1997; Ord. 96-0062 § 5 (part), 1996.)

12.64.045 - Late Submittal and Noncompliance Penalty for the California Environmental Reporting System (CERS) to be Paid by Handlers of Hazardous Materials.

A noncompliance penalty of $546 will be charged to each handler of hazardous materials who fails, after reasonable notice, to electronically submit a business plan to CERS, or who fails to correct the violations or deviations by the correction date as set forth in the notice of violation pursuant to section 25508(a)(3) of the Act.

(Ord. 2025-0026 § 6, 2025; Ord. 2024-0041 § 7, 2024; Ord. 2023-0029 § 9, 2023; Ord. 2021-0023 § 6, 2021; Ord. 2020-0029 § 9, 2020; Ord. 2019-0027 § 8, 2019; Ord. 2017-0035 § 8, 2017; Ord. 2010-0044 § 15, 2010; Ord. 2005-0054 § 24, 2005; Ord. 99-0046 § 5, 1999.)

A.

Every business with a covered process shall in addition to the fee specified in Section 12.64.040, be required to pay an annual RS fee to the Forester and Fire Warden for the administration and enforcement of RS registration, risk assessment, and risk mitigation in accordance with compliance under the Act.

B.

Beginning with the fiscal year 2025-2026, the annual fee for the issuance of a unified program facility permit for a stationary source, required to be paid to the Forester and Fire Warden by every person, business, or business concern handling, storing, or using a regulated substance above threshold quantities (RS fee) shall be as follows:

Where:

The total risk units for each regulated substance are determined by dividing the reported daily maximum quantity in pounds by the threshold quantity for that regulated substance and the total risk units for each

stationary source are determined by adding together the risk units determined for each regulated substance at that stationary source.

C.

Any third party technical review required by the Forester and Fire Warden shall be a cost paid by the stationary source.

D.

RS fees may be adjusted annually by the Board of Supervisors to recover the annualized cost to the Forester and Fire Warden to administer the California Accidental Release Prevention program, where the annualized cost is defined as the annual salaries, employee benefits, and overhead for the personnel assigned to administer and implement the California Accidental Release Prevention program calculated from rates contained in the Forester and Fire Warden's rate package, as approved by the County AuditorController.

Exemption:

Any person, business, or business concern which conducts, exclusively for charitable purposes, an activity for which a fee is required under this chapter and from which no person benefits through the distribution of profits, payment of excessive charges or compensation, or the more advantageous pursuit of their business or profession shall not be charged any fee. Facts supporting entitlement to such exemption from a fee requirement shall be shown by affidavit filed with the Forester and Fire Warden. Any person, business, or business concern which conducts an activity for which a fee is required to be paid by this chapter shall be deemed to qualify for a fee exemption if it complies with section 214 of the California Revenue and Taxation Code.

ged any fee. Facts supporting entitlement to such exemption from a fee requirement shall be shown by affidavit filed with the Forester and Fire Warden. Any person, business, or business concern which conducts an activity for which a fee is required to be paid by this chapter shall be deemed to qualify for a fee exemption if it complies with section 214 of the California Revenue and Taxation Code.

(Ord. 2025-0026 § 7, 2025; Ord. 2024-0041 § 8, 2024; Ord. 2023-0029 § 10, 2023; Ord. 2021-0023 § 7, 2021; Ord. 2020-0029 § 10, 2020; Ord. 2019-0027 § 9, 2019; Ord. 2017-0035 § 9, 2017; Ord. 2016-0029 § 5, 2016; Ord. 2010-0044 § 16, 2010; Ord. 2007-0063 § 15, 2007; Ord. 2005-0054 § 25, 2005; Ord. 20010091 § 2, 2001; Ord. 2000-0029 § 2, 2000; Ord. 98-0049 § 6, 1998; Ord. 96-0062 § 5 (part), 1996.)

A late submittal penalty shall apply to the filing of RS registration requirements, as follows:

Each stationary source failing to submit the required RS reporting documents in accordance with the established due date and reporting requirements of the CUPA as specified in Section 12.64.030, shall be levied a late submittal penalty commensurate to the additional administrative costs as determined by the CUPA and approved by the County Auditor-Controller. The date of submittal is determined by the date payment is received. The late submittal penalty shall be $546.

(Ord. 2025-0026 § 8, 2025; Ord. 2024-0041 § 9, 2024; Ord. 2023-0029 § 11, 2023; Ord. 2021-0023 § 8, 2021; Ord. 2020-0029 § 11, 2020; Ord. 2019-0027 § 10, 2019; Ord. 2017-0035 § 10, 2017.)

12.64.062 - Service Fee for the Submittal of California Environmental Reporting System (CERS) Requirements.

A flat service fee of $100.00 will be charged to a small or minor handler who requests the Health Hazardous Materials Division or Forester and Fire Warden to assist in preparing and entering required information into the California Environmental Reporting System (CERS). The handler requesting such service shall provide written consent authorizing the Health Hazardous Materials Division or Forester and Fire Warden to create a CERS account for the handler and to submit the facility information, hazardous materials inventory, training plan, and contingency plan on the handler's behalf.

(Ord. 2016-0029 § 6, 2016.)

12.64.065 - Late payment penalty.

If any fee required to be paid pursuant to Sections 12.64.040 through 12.64.060 of this chapter is not paid prior to the delinquency date as defined in Section 12.52.075, in addition to such fee, the handler 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 § 18, 2010; Ord. 2008-0050 § 41, 2008; Ord. 2005-0054 § 28, 2005; Ord. 96-0062 § 5 (part), 1996.)

If any fee and late payment penalty required to be paid by this Chapter are not paid within thirty (30) days after the delinquency date as defined in Section 12.52.075, a certificate of lien may be recorded upon all real property in the County owned or later acquired by the permittee or person liable for payment of such fee(s) and any late payment penalty as authorized by section 101345 of the California Health and Safety Code.

(Ord. 2019-0027 § 11, 2019; Ord. 2010-0044 § 19, 2010; Ord. 2008-0050 § 42, 2008; Ord. 2000-0029 § 3, 2000; Ord. 97-0037 § 16, 1997.)

12.64.070 - Fee schedule—Annual Adjustment Procedure.

The schedule of fees contained in Sections 12.64.040 through 12.64.060 inclusive shall be adjusted annually by the following procedure:

The annual adjustment shall be the result of computing the change in the annualized cost to the unified program agency for administering the program, where "annualized cost" is defined as the program cost which includes applicable salary, employee benefits and overhead calculated from rates contained in the unified program agency's rate package, as approved by the County Auditor-Controller. Program Cost = Agency Personnel Salaries + Employee Benefits + Overhead.

The program cost is annually reallocated among handlers based upon:

A.

Disclosure Unit. The number of handlers in each fee group and time involved in processing the required documents in each group;

B.

RMP Unit. Total county risk units and each handler's risk units involved in calculating the risk unit rate, the average personnel time involved in conducting inspections, incident investigations, and RMP preparations reviews, evaluations, audits, and the personnel hourly rates determined in accordance with Section 12.64.050.

Where:

Disclosure unit is the unit assigned to administer the hazardous materials disclosure program (Section 12.64.040) and the CUPA's California Accidental Release Prevention Program (CalARP) is the unit assigned to administer the RS registration and risk management programs (Section 12.64.050).

(Ord. 2024-0041 § 10, 2024; Ord. 2020-0029 § 12, 2020; Ord. 98-0049 § 9, 1998; Ord. 96-0062 § 5 (part), 1996.)

12.64.075 - Permit—Period of validity—Renewals.

Unified program facility permits for the hazardous materials program element required by this chapter shall be issued for a period of one year. A valid permit shall be renewable from year to year upon payment, on or before the delinquency date contained in the invoice for each such year, of the fees assessed pursuant to Sections 12.64.040 and 12.64.050 of this chapter, or upon payment of such fees plus any late payment penalty imposed pursuant to Section 12.64.065 of this chapter, provided the facility is in compliance with all conditions and limitations of such permit. Unified program facility permits shall be deemed to have expired if payment of the renewal fees and applicable penalties has not been made on or before the delinquency date of the invoice. The delinquency date is defined as the 31[st ] day after the date of the invoice.

(Ord. 2008-0050 § 43, 2008.)

12.64.080 - Disputes and Appeals of Assessed Fee.

Any dispute or appeal of the fees and late payment penalties described in Sections 12.64.040, 12.64.045, 12.64.050, 12.64.060, and 12.64.065 of this Chapter shall be handled in accordance with the procedures for handling disputes and appeals of unified program facility fees specified in Section 12.50.140 of Chapter 12.50 of the County Code.

(Ord. 2019-0027 § 12, 2019; Ord. 2008-0050 § 44, 2008; Ord. 97-0037 § 17, 1997; Ord. 96-0062 § 5 (part), 1996.)

12.64.090 - Collection and accounting requirements.

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 § 5 (part), 1996.)

Where a unified program facility permit has been lost, the chief shall issue a duplicate permit to the owner thereof upon submittal of a complete application and, in addition to any other requirements in this chapter, payment of all required and past due fee and penalties, and payment of a $15.00 permit re-issuance fee.

(Ord. 2008-0050 § 45, 2008.)

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 provision to other persons or circumstances, shall not be affected thereby.

(Ord. 96-0062 § 5 (part), 1996.)

Chapter 12.70 - ABOVEGROUND PETROLEUM STORAGE

12.70.010 - Definitions.

The following definitions govern the construction of this chapter:

A.

"Aboveground storage tank" shall have the same meaning as defined in section 25270.2(a) of Division 20 of the California Health and Safety Code.

B.

"Act" means the Aboveground Petroleum Storage Act (APSA), Chapter 6.67 (commencing with section 25270) of Division 20 of the California Health and Safety Code.

C.

"Administering agency" means the Health Hazardous Materials Division of the Forester and Fire Warden acting as the Certified Unified Program Agency as defined in Section 12.50.010, and the local agency authorized pursuant to section 25270.4 of the Act to implement and enforce the Act.

D.

"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.

E.

"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.

F.

"Forester and Fire Warden" means the Consolidated Fire Protection District of Los Angeles County and the Forester and Fire Warden of the County of Los Angeles, (collectively known as the "Los Angeles County Fire Department"), or any representative of the Forester and Fire Warden duly authorized to carry out the provisions of this chapter.

G.

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

H.

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

I.

"LACoCUPA" means the Forester and Fire Warden as the designated agency certified by the Secretary of the California Environmental Protection Agency to implement the unified program specified in this chapter within the County of Los Angeles.

J.

"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.

K.

"Operator" shall have the same meaning as defined in section 25270.2(d) of Division 20 of the California Health and Safety Code.

L.

"Permittee" means any person who is issued a unified program facility permit.

M.

"Person" shall have the meaning set forth in section 25118 of the California Health and Safety Code and means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, and corporation, including, but not limited to, a government corporation. "Person" also includes any city, county, district, commission, 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.

N.

"Petroleum" shall have the same meaning as defined in section 25270.2(g) of Division 20 of the California Health and Safety Code.

O.

"Spill prevention control and countermeasure plan" shall have the same meaning as defined in Part 112 (commencing with section 112.1) of Subchapter D of Chapter I of Title 40 of the Code of Federal Regulations.

P.

"Tank facility" shall have the same meaning as defined in section 25270.2(m) of Division 20 of the California Health and Safety Code.

Q.

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

(Ord. 2010-0044 § 20 (part), 2010.)