Los Angeles County Municipal Code Ch. 12.70 Aboveground Petroleum Storage

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:

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.

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.)

The Forester and Fire Warden since the inception of the administration of the Act by the County of Los Angeles has been and is the designated administering agency for the County of Los Angeles charged with the responsibility of administering and enforcing the provisions of the Act.

(Ord. 2010-0044 § 20 (part), 2010.)

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 operating a tank facility.

(Ord. 2010-0044 § 20 (part), 2010.)

Every business shall comply with the reporting requirements set forth by the LACoCUPA relating to petroleum under the Act. The required reporting includes the initial submission of the tank facility statement within 30 days of the commencement of operation of the business.

(Ord. 2010-0044 § 20 (part), 2010.)

Beginning with the fiscal year 2025-2026, the annual fee required to be paid to the Forester and Fire Warden by the operator of each tank facility for the administration and enforcement of the provisions of the Act shall be as follows:

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 otherwise 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.

(Ord. 2025-0026 § 9, 2025; Ord. 2024-0041 § 11, 2024; Ord. 2023-0029 § 12, 2023; Ord. 2021-0023 § 9, 2021; Ord. 2020- 0029 § 13, 2020; Ord. 2019-0027 § 13, 2019; Ord. 2016-0029 § 7, 2016; Ord. 2010-0044 § 20 (part), 2010.)

The annual fees required by Section 12.70.050 are based upon the information contained in the most recent required submission of the tank facility statement or inventory of hazardous materials on file with the Forester and Fire Warden at the time the fees are determined. The quantity reported is considered to be current inventory or potential inventory unless amended as required pursuant to section 25270.6(a) of the Act. There are no provisions for partial year fees. There are no refunds for fees paid.

(Ord. 2010-0044 § 20 (part), 2010.)

If any fee required to be paid pursuant to Sections 12.70.050 through 12.70.070 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 § 20 (part), 2010.)

If any fee and late fee required to be paid by this chapter are not paid within 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. 2010-0044 § 20 (part), 2010.)

The fees contained in Sections 12.70.050 through 12.70.070 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 administering 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 administering agency's rate package, as approved by the Auditor-Controller.

The program cost is annually reallocated among operators based upon the number of operators in each fee group and time involved in administering the program.

(Ord. 2010-0044 § 20 (part), 2010.)

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 Section 12.70.050 of this chapter, or upon payment of such fees plus any late payment penalty imposed pursuant to Section 12.70.080 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. The delinquency date is defined as the 61st day after the date of the invoice.

(Ord. 2010-0044 § 20 (part), 2010.)

Any dispute or appeal of the fees and late fees described in Sections 12.70.050, 12.70.060, 12.70.080, and 12.70.090 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 the County Code.

(Ord. 2010-0044 § 20 (part), 2010.)

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. 2010-0044 § 20 (part), 2010.)

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. 2010-0044 § 20 (part), 2010.)

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. 2010-0044 § 20 (part), 2010.)