Los Angeles County Municipal Code Ch. 20.76 Permit Denial, Revision, Suspension and Revocation

A.

The enforcement agency shall deny the permit when any of the following occur:

The enforcement agency determines that the proposed facility is not consistent with the county solid-waste management plan, or that the proposed facility or waste collection operation cannot conform to the state standards or this Division 4;

The board has objected to the proposed solid-waste facilities permit and either:

a.

There are less than 45 days remaining before the statutory deadline for action of the application and the applicant declines to waive the deadline, or

b.

The enforcement agency determines that it will be impossible to propose a permit that will be mutually satisfactory to the enforcement agency, the board, and the applicant;

The enforcement agency may deny the permit based upon any other grounds provided by this Division 4 or other applicable laws.

B.

Upon denial of a permit, the enforcement agency shall give written notice of the denial to the applicant, the board, and any other person who has requested in writing that such notice be given. Notice to the applicant shall be accompanied by a form request for a hearing, which the applicant may use to obtain a hearing before the hearing panel.

C.

An applicant who desires a hearing on the denial of a permit shall file with the enforcement agency a written request for a hearing.

(Ord. 11886 Art. 8 § 801, 1979.)

A.

Any permittee proposing to make a significant change in the design or operation of the facility shall, at least 120 days prior to the proposed modification, apply for a revision of the permit. The application shall be made in the manner specified in Sections 20.64.030 through 20.64.060. Except as otherwise provided in this section, the application shall be handled in the same manner as an application for a permit for a new facility. If the board of supervisors determines that a permit must be modified less than 120 days after the filing of an application for revision, it may waive the 120-day filing period.

B.

Any time before the revised permit is issued and all appeals are final, the applicant may withdraw the application and surrender any permit that has been issued. In such a case, the permit existing at the time of application for revision shall have the same force and effect as it would have had if the application for revision had not been filed.

C.

A change shall be deemed significant for purposes of this section if and only if it does not conform to terms or conditions of the permit.

(Ord. 11886 Art. 8 § 802, 1979.)

A.

If a permit has been suspended, it is reinstated without further action on the date specified in the suspension or upon completion of specified acts. A suspended solid-waste facilities permit shall be due for review five years after its original issuance or last review or revision, including the period of suspension.

B.

If a solid-waste facilities permit has been revoked, it may be reinstated by application, no less than one year after the effective date of the revocation and no less than one year after any similar application. Such an application shall be made in the manner specified in Sections 20.64.030 through 20.64.060, and shall be handled in the same manner as an application for a new permit; however, nothing in this section is intended to prevent the enforcement agency, hearing panel, or board from considering the revocation and grounds therefor in reviewing the application. A solid-waste facilities permit reinstated after revocation shall be due for review five years after its reinstatement.

C.

No less than one year after the effective date of the revocation and no less than one year after any similar petition, a person whose solid-waste facilities permit has been revoked may petition the enforcement agency for reduction of the penalty. If the petition is denied, the person is entitled to a hearing before the hearing panel.

D.

No less than seven days after the effective date of the revocation and no less than seven days after any similar petition, a person whose waste collector permit has been revoked may petition the enforcement agency for reduction of the penalty. If the petition is denied, the person is entitled to a hearing before the hearing panel.

(Ord. 11886 Art. 8 § 803, 1979.)

A person whose permit has been revoked or suspended may petition an enforcement agency for reinstatement or reduction of penalty after a period of not less than one year has elapsed from the effective date of the decision or from the date of the denial of a similar petition. If the enforcement agency declines to take the action requested, the petitioner, if he so requests, shall be afforded a hearing pursuant to Sections 20.84.010, 20.84.050 and 20.84.060.

(Ord. 11886 Art. 10 § 1008, 1979.)