Los Angeles County Municipal Code Ch. 12.64 Hazardous Materials Disclosure and Risk Management

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 materials-related 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:

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.

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.)

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:

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;

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;

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

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.

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.)

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 Auditor-Controller.

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.

(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. 2001-0091 § 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.)

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.)

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.)

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.)

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.)

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.)

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.)