Los Angeles County Municipal Code Ch. 12.52 Hazardous Waste Control

The purpose of the ordinance codified in this chapter is to delineate the specific requirements for a hazardous waste regulatory and enforcement system for activities subject to Chapter 6.5 of Division 20 of the California Health and Safety Code, and Title 22 of the California Code of Regulations. Unified program facility fees are established by this chapter for hazardous waste generators in order to offset the county expenses resulting from implementation of the state statutes, rules,

and regulations relating to hazardous waste. The authority for this chapter is section 25404.5 of the California Health and Safety Code.

(Ord. 2008-0050 § 17, 2008; Ord. 95-0034 § 2, 1995.)

The following definitions govern the construction of this chapter:

A.

"Act" means the California Hazardous Waste Control Act, Chapter 6.5, Division 20, California Health and Safety Code. "Act" also means the California Unified Hazardous Waste and Hazardous Materials Management Regulatory Program, Chapter 6.11, Division 20, California Health and Safety Code.

B.

"Activity" means the handling or generating of hazardous waste or extremely hazardous waste.

C.

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

D.

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

E.

"California Environmental Reporting System" (CERS) is the Statewide web-based system that supports the electronic exchange of required Unified Program information among businesses, local, State, and federal agencies. LACoCUPA electronically collects and reports various hazardous wastes related data as mandated by the California Health and Safety Code, section 25404.

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.

"Expired permit" means a Unified Program Facility Permit or Hazardous Waste License for which payment of the renewal fees and applicable penalties has not been made on or before the delinquency date of the invoice as defined in Section 12.50.055 of the County Code.

H.

"Extremely hazardous waste" means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration, or chemical characteristics.

I.

"Forester and fire warden" means the Consolidated Fire Protection District of Los Angeles County commonly known as the Los Angeles County fire department.

J.

"Handling" means the transporting or transferring from one place to another, or pumping, processing, storing, or packaging of hazardous waste, but does not include the handling of any substance before it becomes a waste.

K.

"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.

L.

"Hazardous waste generator" means any person, business or business concern which produces hazardous waste.

M.

"Large quantity generator" means a person, business, or business concern which generates any of the following amounts in a calendar month:

Greater than or equal to 1,000 kilograms (2,200 lbs) of non-acute hazardous waste; or

Greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in 40 CFR Part 261 § 261.31 or § 261.33(e); or

Greater than 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR Part 261 § 261.31 or § 261.33(e).

N.

"LACoCUPA" or "Los Angeles County Certified Unified Program Agency" means the county 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.

O.

"Location" means a room, enclosure, building, lot, or contiguous group of lots.

P.

"Minimum standards and regulations" means the minimum standards and regulations respecting hazardous and extremely hazardous wastes adopted by the State Department of Toxic Substance Control pursuant to section 25150 of the California Health and Safety Code.

Q.

"Notice of violation" means a written notice issued to a hazardous waste generator by an authorized representative of the forester and fire warden in the course of conducting an inspection which:

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

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

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.

R.

"Person" shall have the meaning as 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, 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.

S.

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

T.

"Recyclable material" has the meaning as defined in section 25120.5 of the California Health and Safety Code.

U.

"Recycle" means to use, reuse, or reclaim a hazardous waste or a substance from a hazardous waste, and includes the recovery of resources from a hazardous waste.

V.

"Tier of permit" or "permit tier" means the type of permit authorized under the Act, or regulations adopted pursuant to the Act, for hazardous waste generators conducting treatment of hazardous waste. The three permit tiers are as follows: (1) permit-by-rule authorized pursuant to regulations adopted by the Department of Toxic Substances Control of the California Environmental Protection Agency; (2) conditional authorization pursuant to section 25200.3 of the California Health and Safety Code; and (3) conditional exemption pursuant to section 25201.5 of the California Health and Safety Code.

W.

"Treatment" means treatment as defined in section 25123.5 of the California Health and Safety Code.

X.

"Unified Program" means the program specified in sections 25404 through 25404.9 of the California Health and Safety Code to consolidate the administration of the six environmental programs described in section 25404(c) of the California Health and Safety Code.

Y.

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

Z.

"Waste" means waste as defined in section 25124 of the California Health and Safety Code.

(Ord. 2023-0029 § 3, 2023; Ord. 2023-0007 § 1, 2023; Ord. 2008-0050 § 18, 2008; Ord. 2007-0063 § 6, 2007; Ord. 99-0046 § 1, 1999; Ord. 97-0037 §§ 3, 4, 1997; Ord. 95-0034 § 3, 1995.)

Every person, business, or business concern within the jurisdiction of the LACoCUPA in accordance with the provisions of Chapter 6.11 of Division 20 of the California Health and Safety Code which is a hazardous waste generator or which is handling hazardous waste, except solely as a transporter, or except when engaging in other handling of hazardous waste the permitting and regulation of which is within the sole jurisdiction of the state or federal government, shall be required annually to obtain from the LACoCUPA a unified program facility permit in accordance with Chapter 12.50 of this code. Every person, business, or business concern shall apply for the unified program facility permit and pay any fees as required by this chapter before generating or handling hazardous waste. The permit required under this section shall be posted and conspicuously displayed at the location where the hazardous waste is generated or otherwise handled.

(Ord. 2008-0050 § 19, 2008; Ord. 2005-0054 § 11, 2005; Ord. 97-0037 § 5, 1997; Ord. 95-0034 § 4, 1995.)

Every business shall comply with reporting requirements as set forth by the CUPA relating to hazardous wastes and tiered permit under the Act.

The required reporting includes:

Submission of facility information and all related hazardous waste and tiered permit data to CERS, shall be within 30 days of the commencement of operation of the business, as specified in the California Health and Safety Code, Chapter 6.11, section 25404 (e)(4) and California Code of Regulations, Title 27, section 15188;

Correction and resubmission for any changes in the data related to the facility, hazardous waste, or tiered permit information shall be made to CERS within 30 days.

(Ord. 2023-0029 § 4, 2023.)

Every person, business, or business concern applying for the unified program facility permit required by this chapter shall file an application with the chief, upon a form to be provided by the chief, in accordance with the provisions of Chapter 12.50 of the county code and pay the required fee and any applicable past-due fees or late payment penalty.

(Ord. 2008-0050 § 20, 2008; Ord. 2005-0054 § 12, 2005; Ord. 95-0034 § 5, 1995.)

Any person, business, or business concern which conducts, exclusively for charitable purposes, an activity for which a unified program facility permit 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 for such permit. Facts showing entitlement to such exemption from a fee requirement shall be shown by affidavit filed with the forester and fire warden.

A person, business, or business concern which conducts an activity for which a permit is required by this chapter shall be deemed to qualify for a no-fee permit if it complies with section 214 of the California Revenue and Taxation Code as now or hereafter amended.

(Ord. 2008-0050 § 21, 2008; Ord. 95-0034 § 6, 1995.)

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

(Ord. 95-0034 § 7, 1995.)

Unified program facility permits for the hazardous waste program element required by this chapter shall be issued for each billing 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 Section 12.52.070 of this chapter, or upon payment of such fees plus any late payment penalty imposed pursuant to Section 12.52.080 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 as defined in Section 12.50.055 of this code.

(Ord. 2008-0050 § 22, 2008; Ord. 2007-0063 § 7, 2007; Ord. 2005-0054 § 13, 2005; Ord. 97-0037 § 6, 1997; Ord. 95-0034 § 8, 1995.)

A unified program facility permit may be issued pursuant to this chapter to a person, business, or business concern duly authorized to transact business in this State, or to a person, business, or business concern operating under a fictitious name who has complied with all of the provisions of sections 17900 et seq. of the California Business and Professions Code and of any statute superseding or taking the place of such code sections. Otherwise, all such permits shall be issued in the true name of the person, business, or business concern applying therefor. Except as above provided, no business so permitted may operate under a fictitious name.

(Ord. 2008-0050 § 23, 2008; Ord. 95-0034 § 9, 1995.)

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 pursuant to Section 12.50.080 and, in addition to any other requirements in this chapter, upon payment of all required and past due fees and penalties, and payment of a $15.00 permit reissuance fee.

(Ord. 2008-0050 § 24, 2008; Ord. 95-0034 § 10, 1995.)

No person, business, or business concern shall engage in, conduct, manage, or carry on any business or other activity for which a unified program facility permit is required under this chapter if:

A.

They have not obtained a unified program facility permit for such business or activity pursuant to the provisions of this chapter and paid the required fees and penalties; or

B.

The permit has expired or has been suspended or revoked.

(Ord. 2008-0050 § 25, 2008; Ord. 2005-0054 § 14, 2005; Ord. 95-0034 § 11, 1995.)

Any person who violates the requirements of Section 12.52.020, 12.52.040, or 12.52.060 of this chapter 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, state laws, and regulations applicable to the program elements which apply to the facility, other chapters of the County Code related to program elements applicable to the person, business, or business concern, or any other provisions of the Act.

(Ord. 2007-0063 § 8, 2007; Ord. 2005-0054 § 15, 2005; Ord. 95-0034 § 12, 1995.)

A.

Beginning with the fiscal year 2025-2026, the annual fee for the issuance of a unified program facility permit for the hazardous waste program element required to be paid to the Forester and Fire Warden by every person, business, or business concern generating or handling a hazardous or extremely hazardous waste shall be as follows:

Exception:

Every person, business, or business concern generating or handling a hazardous waste which is hazardous solely due to the presence of silver and which generates no other hazardous wastes shall be charged a fee equal to one-half the amount of the Fee Group 2 fee. Beginning with the fiscal year 2025-2026, this fee shall be $505.

B.

Beginning with the fiscal year 2025-2026, the annual fee required to be paid to the Forester and Fire Warden by every person, business, or business concern that is a hazardous waste generator conducting treatment of hazardous waste under the Act shall be based on the highest tier of permit required in descending order, as follows:

C.

Beginning with the fiscal year 2025-2026, the schedule of fees contained in this Section may be adjusted annually by the following procedures:

Hazardous Waste Generator Fees. Hazardous waste generator fees shall be determined based on the annualized cost to the Forester and Fire Warden to administer the hazardous waste generator program, where annualized cost is defined as the annual salaries, employee benefits, and overhead for the personnel assigned to administer and implement the hazardous waste generator program calculated from rates contained in the Forester and Fire Warden's rate package, as approved by the County Auditor-Controller. The annualized cost shall be reallocated among hazardous waste generators based upon the number of hazardous waste generators in each fee group.

Tiered Permit Program Fees. Fees for the tiered permit program shall be determined based on the annualized cost to the Forester and Fire Warden to administer the tiered permit program, where annualized cost is defined as the annual salaries, employee benefits, and overhead for the personnel assigned to administer and implement the tiered permit program calculated from rates contained in the Forester and Fire Warden's rate package, as approved by the County Auditor- Controller. The annualized cost shall be reallocated among hazardous waste generators conducting treatment of hazardous waste under the tiered permit program based upon the number of facilities falling within each fee group.

(Ord. 2025-0026 § 2, 2025; Ord. 2024-0041 § 3, 2024; Ord. 2023-0029 § 5, 2023; Ord. 2021-0023 § 2, 2021; Ord. 2020-0029 § 3, 2020; Ord. 2019-0027 § 3, 2019; Ord. 2017-0035 § 2, 2017; Ord. 2016-0029 § 1, 2016; Ord. 2010-0044 § 5, 2010; Ord. 2008-0050 § 26, 2008; Ord. 2007-0063 § 9, 2007; Ord. 2005-0054 § 16, 2005; Ord. 2000-0030 § 1, 2000; Ord. 99-0046 § 2, 1999; Ord. 98-0050 § 1, 1998; Ord. 97-0037 § 7, 1997; Ord. 96-0062 § 2, 1996; Ord. 95-0034 § 13, 1995.)

"Delinquency date" means the sixty-first day after the date of the invoice issued by the LACoCUPA for any of the fees assessed pursuant to this chapter. Invoice means any bill issued by the LACoCUPA for the fees assessed under this chapter.

(Ord. 2008-0050 § 27, 2008; Ord. 95-0034 § 14, 1995.)

If any fee required to be paid pursuant to Sections 12.52.040, 12.52.060, or 12.52.070 of this chapter is not paid in full prior to the delinquency date as defined in Section 12.52.075 of this chapter, in addition to such fee, the applicant shall pay a late fee equal to 40 percent of the total assessed fee(s). If payment is made by mail, the date of payment is the date payment is received.

(Ord. 2010-0044 § 6, 2010; Ord. 2005-0054 § 17, 2005; Ord. 97-0037 § 8, 1997; Ord. 95-0034 § 15, 1995.)

If the fee and late fee as described in Section 12.52.080 of this chapter is not paid within 30 days after the delinquency date, a certificate of lien may be recorded against 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. 2008-0050 § 28, 2008; Ord. 97-0037 § 9, 1997; Ord. 95-0034 § 16, 1995.)

Any person violating Section 12.52.020, 12.52.040, or 12.52.060 of this chapter, may be enjoined from such violation by any court of competent jurisdiction. The remedy provided by this section is additional to and cumulative with any other remedy provided by law.

(Ord. 2008-0050 § 29, 2008; Ord. 2007-0063 § 11, 2007; Ord. 95-0034 § 18, 1995.)

Any person who violates any injunction issued pursuant to Section 12.52.095 shall be liable for a civil penalty payable to the forester and fire warden not to exceed $1,000.00 for each day of violation of any such injunction.

(Ord. 2005-0054 § 18, 2005; Ord. 95-0034 § 19, 1995.)

If, in the judgment of the chief, the chief makes a preliminary determination that the person, business or business concern to whom a unified program facility permit has been issued may not be conducting the permitted activity in accordance with applicable statutes or minimum standards and regulations, the chief shall so notify such person, business, or business concern. The notice shall briefly describe the misconduct, shall specify a time and place of a hearing at which such person, business, or business concern will be afforded an opportunity to present evidence showing there has been no such misconduct, and shall state that failure to appear and present such evidence may result in suspension or revocation of the permit.

(Ord. 2008-0050 § 30, 2008; Ord. 95-0034 § 20, 1995.)

A.

A unified program facility permit with respect to which notice has been given pursuant to Section 12.52.105 is subject to suspension or revocation as follows:

The chief shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by the rules of evidence applicable to courts of law. The person, business, or business concern to whom the permit was issued, shall have the right to present relevant evidence at the hearing. A deputy health officer 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. At the conclusion of the hearing, or within a reasonable time thereafter, the chief shall determine, based upon the evidence presented at the hearing, whether the suspected failure identified in the notice has occurred. The determination of the chief shall be final and conclusive. Such determination shall be in writing and contain a brief statement of the findings of fact upon which the determination is based. If the determination is that the suspected failure identified in the notice has occurred, the chief shall suspend or revoke the permit. The chief shall, however, have the discretion not to suspend or revoke the permit if the chief determines that the failure was not willful, is not ongoing, and is not likely to recur.

Any hazardous waste generation or handling for which a unified program facility permit has been suspended or revoked, shall be discontinued immediately and shall not be restarted until the suspended permit has been reinstated or the revoked permit reissued.

A suspended permit may be reinstated or a revoked permit reissued if the chief determines that conditions which prompted the suspension or revocation no longer exist.

The chief may suspend a permit prior to the hearing when the chief determines that such action is necessary to protect the public health and safety, domestic livestock, or wildlife from clear and imminent danger. The chief shall promptly notify the person, business, or business concern to whom the permit was issued of such suspension or the lifting of any suspension and the reasons for such action. Unless lifted prior to the revocation hearing the suspension may remain in effect until the chief makes a final determination based upon the revocation hearing.

Any hazardous waste generation or handling for which a hazardous waste license has been suspended, shall be discontinued immediately and shall not be restarted until the suspension of the permit has been lifted or a new permit has been issued.

B.

This section shall not deprive the chief or the county of authority to pursue any other action or remedy otherwise available to them under the law.

(Ord. 2008-0050 § 31, 2008; Ord. 95-0034 § 21, 1995.)

The forester and fire warden shall follow all Los Angeles County auditor-controller requirements regarding the handling and issuing of permits.

(Ord. 2008-0050 § 32, 2008; Ord. 95-0034 § 22, 1995.)

In the event a discrepancy exists between the amount of the fee paid and the amount of the fee due, resulting in an underpayment or an overpayment of the fee in the amount of $5.00, or less, the chief may accept and record such underpayment or overpayment without other notification to the permittee or the permit applicant.

(Ord. 2008-0050 § 33, 2008; Ord. 95-0034 § 23, 1995.)

The Los Angeles County auditor-controller may refund to the permittee any moneys collected pursuant to this chapter because of excess, erroneous, or double payment, if the permittee files a proper claim with the forester and fire warden.

(Ord. 2008-0050 § 34, 2008; Ord. 95-0034 § 24, 1995.)

Any dispute or appeal of the amount or applicability of any fee required to be paid pursuant to Section 12.52.040, 12.52.060, 12.52.070, or 12.52.080 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. 2008-0050 § 35, 2008; Ord. 97-0037 § 10, 1997; Ord. 95-0034 § 25, 1995.)

If any provision of this chapter or the application thereof to any person, business or business concern or activity is held invalid, the remainder of the chapter and the application of such provisions to other persons, businesses or business concerns or activities shall not be affected thereby.

(Ord. 95-0034 § 26, 1995.)

The purpose of this chapter is to provide minimum standards to safeguard the public's safety and welfare. Consistent with this purpose, the provisions of this chapter are intended to confer a benefit on the community as a whole and are not intended to establish a duty of care toward any particular person.

This chapter shall not be construed to hold the county or any officer, employee or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or nonissuance of any permit authorized herein, and/or for any action or omission in connection with the application and/or enforcement of this chapter. By adopting the provisions of this chapter, the county does not intend to impose on itself, its employees or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages.

(Ord. 95-0034 § 27, 1995.)