Los Angeles County Municipal Code Ch. 20.68 Solid-Waste Facilities Permits

A.

Any person who proposes to become an operator of a solid-waste facility shall file with the enforcement agency an application for a solid-waste facilities permit at least 120 days in advance of the date on which it is desired to commence operation.

B.

The operation of a solid-waste facility by any person except as authorized pursuant to a solid-waste facility permit is prohibited.

C.

When the operator of the disposal-site is not the disposal-site owner, the disposal-site operator's application for a solid- waste facilities permit shall contain any information that the enforcement agency may require regarding the disposal-site owner's interest in the real property utilized as the disposal site.

D.

The enforcement agency shall not issue, modify or revise a solid-waste facilities permit unless it has, at least 45 days in advance, provided the board and the applicant with a copy of the proposed permit which shall contain the terms and conditions the enforcement agency proposes to establish.

E.

A decision to issue or not issue the solid-waste facilities permit shall be made by the enforcement agency within 120 days of the time application is filed unless waived by the applicant.

F.

The board shall, in writing, concur or object to the issuance, modification or revision of any solid-waste facilities permit within 20 days of the board's receipt of any proposed solid-waste facilities permit submitted under subsection D of this section. If the board determines that the permit would not be consistent with the county solid-waste management plan or the state standards, it shall object to provisions of the permit, and shall submit such objects to the enforcement agency for its consideration. If the board fails to concur or object in writing within such 20 days, it shall be deemed to have concurred in the issuance of the permit as submitted to it.

(Ord. 11886 Art. 6 § 601, 1979.)

After a public hearing, the enforcement agency may grant an exemption from the requirement that a solid-waste facility obtain a permit. Such an exemption may be granted if the facility falls within one of the classifications which may be exempted and all of the following findings are made:

A.

The exemption is not against the public interest;

B.

The quantity of solid wastes is insignificant;

C.

The nature of the solid wastes poses no significant threat to health, safety, or the environment.

(Ord. 11886 Art. 6 § 606, 1979.)

A.

No later than 75 days after filing of the application, the enforcement agency shall provide the board, the applicant, and any person so requesting in writing, a copy of the proposed permit. The proposed permit shall contain the conditions the enforcement agency proposes to include in the permit, and shall be accompanied by proposed findings to satisfy Section 20.68.040. The copy of the proposed permit provided the applicant shall also be accompanied by a form request for a hearing, which the applicant may use to obtain a hearing before the hearing panel to challenge any term or condition of the permit.

B.

The board shall either concur in or object to the proposed permit or order. If the board objects to a proposed permit, it shall accompany its objection with an explanation of its action, which may suggest conditions or other amendments that may render the proposed permit unobjectionable; however, such suggestions do not constitute approval of the proposed permit subject to incorporation of the suggestions.

C.

Any solid-waste facilities permit issued for any facility accepting hazardous wastes, as defined by Health and Safety Code Sections 25115 and 25117, shall comply with Health and Safety Code Section 25204.

(Ord. 11886 Art. 6 § 602, 1979.)

Upon compliance with the provisions of Sections 20.68.010, and after any necessary hearing, the enforcement agency may issue, modify or revise a solid-waste facilities permit if the board has concurred in the permit, and if the enforcement agency, in the permit, makes both of the following findings based on substantial evidence:

A.

The proposed solid-waste facilities permit is consistent with the county solid-waste management plan prepared pursuant to Section 66780;

B.

The proposed solid-waste facilities permit is consistent with the standards adopted by the board.

(Ord. 11886 Art. 6 § 603(a), 1979.)

A.

The permit shall contain all terms and conditions which the enforcement agency determines to be appropriate for the operation of the solid-waste facility. The operator shall comply with all terms and conditions of the permit.

B.

The permit shall specify the person authorized to operate the facility and the boundaries of the facility.

C.

The permit shall contain such conditions as are necessary to specify a design and operation for which the applicant has demonstrated in the proceedings before the enforcement agency and the board the ability to control the adverse environmental effects of the facility.

D.

As used herein, "design" means the layout of the facility (including numbers and types of fixed structures), total volumetric capacity of a disposal site or total throughput rate of a transfer/processing station, vehicular traffic flow and patterns surrounding and within the facility, proposed contouring, and other factors that may reasonably be considered a part of the facility's physical configuration.

As used herein, "operation" means the procedures, personnel and equipment utilized to receive, handle and dispose of solid wastes and to control the effects of the facility on the environment.

(Ord. 11886 Art. 6 § 603(b), 1979.)

For solid-waste facilities which accept wastes to which the provisions of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code apply, the solid-waste facilities permit shall include all conditions required pursuant to that division.

(Ord. 11886 Art. 6 § 603(d), 1979.)

Within 15 days of issuing, modifying or revising a solid-waste facilities permit, the enforcement agency shall transmit to the disposal-site owner and the person who is or proposes to become an operator of a transfer/processing station or a disposal site, or both, a copy of the solid-waste facilities permit. Copies of the permit shall be provided to the board and to any person who has requested in writing that such copies be provided.

(Ord. 11886 Art. 6 § 603(c), 1979.)

A.

The enforcement agency, in issuing, modifying or revising any solid-waste facilities permit, shall ensure that primary consideration is given to preventing environmental damage and that the longterm protection of the environment is the guiding criteria. To achieve these purposes, the enforcement agency may prohibit or condition the handling or disposal of solid waste to protect, rehabilitate or enhance the environmental quality of the state or to mitigate adverse environmental impacts.

B.

Any permit may be suspended, modified or revoked by the enforcement agency after a hearing for cause including, but not limited to, any of the following:

Intentional or negligent violation of any term or condition contained in the permit;

Obtaining the permit by misrepresentation, or failure to disclose fully all relevant facts.

C.

Any solid-waste facilities permit issued, modified or revised under this chapter shall be reviewed and, if necessary, revised at least every five years.

(Ord. 11886 Art. 6 § 604, 1979.)

A.

Except as provided in Section 20.72.040, every permit shall be due for review five years after its issuance, most recent modification, most recent revision, or most recent review. The board shall give the operator and the enforcement agency notice of the review no less than 150 days before it is due.

B.

No less than 120 days before the permit is due for review, the operator shall submit an application for review of its permit. The application shall be made in the manner specified by Sections 20.64.030 through 20.64.060 of this Division 4.

C.

If the enforcement agency determines upon review that revision is not required, it shall give notice of its decision and the reasons therefor to the board and to any person who has requested in writing that he or she be given such notice.

D.

A solid-waste facilities permit does not expire at the end of five years absent an express permit term or condition limiting the period of the permit.

(Ord. 11886 Art. 6 § 605, 1979.)