Los Angeles County Municipal Code Ch. 11.80 Permits

Any person who owns or operates an underground storage tank shall obtain and keep current a unified program facility permit issued by the CUPA in accordance with this division that lists such underground storage tank. One such permit shall be issued for a single facility. A permittee shall obtain a permit addendum for a facility for any change or addition not in accordance with the existing permit to connect, install, construct, substantially modify, or replace an underground storage tank or to change or increase the hazardous substances permitted to be stored. A person shall obtain a closure addendum for any underground storage tank that is to be closed or removed as required by Section 11.74.070.

(Ord. 2015-0016 § 54, 2015; Ord. 97-0016 § 42, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A.

Application for a new unified program facility permit or an addendum shall be made to the Director on the form provided by the Director or the CUPA. The application shall include, but not be limited to, all information required by Division 20, Chapter 6.7, of the California Health and Safe Code, section 25286.

B.

In addition to the above information provided by such form, applicant shall submit such additional information as may be required by the Director or the CUPA and construction plans, if any, in conformity with Section 11.74.020. Applicant shall specify the permit quantity limit to be permitted for each facility where the proposed monitoring, spill prevention, or overfill protection system does not allow use of the full tank capacity.

(Ord. 2015-0016 § 55, 2015; Ord. 97-0016 § 43, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

Upon receipt of an application for a unified program facility permit, the Director may make such investigation of the applicant and the proposed facility or activity as he or she deems necessary to carry out the purposes of this division.

(Ord. 2015-0016 § 56, 2015; Ord. 97-0016 § 44, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

No unified program facility permit or addendum shall be approved for the operation, alteration, transfer, or closure of an underground storage tank until the Director has determined that all requirements of this division for said tank have been met.

(Ord. 2015-0016 § 57, 2015; Ord. 97-0016 § 45, 1997; Ord. 91-0072 § 11, 1991; Ord. 83-0208 § 1 (part), 1983; Ord. 83- 0206U § 1 (part), 1983.)

A.

Upon the approval of an application for a unified program facility permit or addendum by the Director and upon the payment of any applicable fees, the CUPA shall issue and deliver to the applicant a unified program facility permit or addendum. Such unified program facility permit shall contain, but is not limited to, the information required by Division 20, Chapter 6.7, of the California Health and Safety Code, and regulations promulgated thereunder.

B.

The Director shall keep a record of all permits issued and all conditions attached thereto.

(Ord. 2015-0016 § 59, 2015; Ord. 97-0016 § 47, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A person shall apply for an addendum to close a facility not less than thirty (30) days prior to the termination of the underground storage of hazardous substances at the facility. Such closure shall be in accordance with a closure plan that describes procedures for terminating the storage of hazardous substances in each underground storage tank in a manner that:

Minimizes the need for further maintenance; and

Minimizes or eliminates any threat to public health or safety or to the environment from residual hazardous substances in the facility; and

Demonstrates that hazardous substances that were stored in the facility and/or contaminated soils or groundwater caused by any unauthorized release, will be removed, disposed of, neutralized, or reused in an appropriate manner. The demonstration shall be in the form of reports by a state certified laboratory, professional civil engineer, registered geologist, engineering geologist, or as required by the Director. The Director, in his or her discretion, may extend the time for a permittee to apply for a closure addendum upon a showing of special circumstances.

(Ord. 2015-0016 § 60, 2015; Ord. 97-0016 § 48, 1997; Ord. 84-0046 § 6, 1984; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

The term of a unified program facility permit may not exceed one (1) year.

(Ord. 2015-0016 § 61, 2015; Ord. 97-0016 § 49, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A valid unified program facility permit applicable to any facility regulated under this division may be renewed each year upon payment of the annual fee, state service charge, and any penalties due, provided the underground storage tanks or facilities listed on the permit are operated in compliance with all conditions and limitations of such permit.

(Ord. 2015-0016 § 62, 2015; Ord. 97-0016 § 50, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

The Director shall approve or deny a permit application or application for a permit addendum, within ninety (90) days after the application has been completed, all required fees have been paid, and all applicable provisions of the California Environmental Quality Act (CEQA) have been complied with. This time limit may be further extended by mutual agreement between the Director and the applicant. The Director shall give the applicant written notice of his or her decision.

If an applicant submits a permit application that is incorrect or incomplete, the Director may return the application with a notice of correction that provides the applicant with instructions on how to correct or complete the application. The applicant may resubmit the application with the requested corrections or additional information requested by the Director. If the applicant resubmits an incomplete or incorrect application, then such applicant will be charged a resubmittal fee in accordance with Section 11.82.016 of this division the second time such applicant resubmits its application.

(Ord. 2015-0016 § 63, 2015; Ord. 97-0016 § 51, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

A permit shall be denied if the applicant fails to demonstrate adequate conformity to the provisions of this division. In addition, a permit can be denied for any of the grounds upon which the permit would be subject to revocation pursuant to Chapter 11.84.

(Ord. 2015-0016 § 64, 2015; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

Any person dissatisfied with a decision of the Director to deny a permit or addendum pursuant to Section 11.80.100 may appeal the decision, in writing, to the appeals board, setting forth with particularity the ground or grounds for the appeal. Such appeal shall be submitted within ten (10) days after notice of the decision has been given pursuant to Section 11.80.150.

(Ord. 2015-0016 § 65, 2015; Ord. 97-0016 § 52, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

The appeals board shall set a time and place for the hearing on the appeal and shall notify the applicant or permittee, and any other interested persons who have requested such notice, in writing, of such date and time not less than ten (10) days prior to the hearing.

(Ord. 2015-0016 § 66, 2015; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

At the hearing, the appeals board shall consider all competent evidence offered by any person pertaining to the decision being appealed. At the hearing, the appeals board may also continue the hearing for a reasonable time for the convenience of a party, a witness, or the appeals board, and no further notice shall be required.

(Ord. 2015-0016 § 67, 2015; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

All notices required by this chapter shall be sent by first class mail to the applicant or permittee at the address given on the application or permit or delivered to the applicant or permittee personally. Notices to other interested persons who have requested notice shall be sent by first class mail to the address provided by such persons or delivered to such persons personally.

(Ord. 2015-0016 § 68, 2015; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

After the hearing on the appeal, the appeals board may refer the matter back to the Director for a new investigation and decision, may affirm the decision of the Director, or may approve the application with or without conditions. The decision of the appeals board shall be final.

(Ord. 2015-0016 § 69, 2015; Ord. 97-0016 § 53, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

The unified program facility permit may be transferred to new owners of the same business only if the new owners accept responsibility for all obligations under this division at the time of the transfer of the business, document such transfer on a form provided by the Director or the CUPA within thirty (30) days of transfer of ownership of the business, and pay all fees as required by Chapter 11.82. Such transfer shall be subject to the approval of the Director.

(Ord. 2015-0016 § 70, 2015; Ord. 97-0016 § 54, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

The suspension, revocation, or expiration of any unified program facility permit shall not prevent any proceedings to investigate such permit, any administrative action against such permittee, or any other proceeding against such permittee.

(Ord. 2015-0016 § 71, 2015; Ord. 97-0016 § 55, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)

In the event that a unified program facility permit issued under the provisions of this division is suspended or revoked, the permittee shall forward it to the CUPA not later than the end of the third business day after notification of such suspension or revocation.

(Ord. 2015-0016 § 72, 2015; Ord. 97-0016 § 56, 1997; Ord. 83-0208 § 1 (part), 1983; Ord. 83-0206U § 1 (part), 1983.)