Los Angeles County Municipal Code Ch. 20.88 Solid Waste Management Fee

The purpose of this chapter is to establish and collect the fee authorized by Sections 41901 and 41902 of the Public Resources Code in order to fund the reasonable and necessary costs incurred by the county of Los Angeles in the preparation, maintenance, adoption and implementation of the countywide integrated waste management plan mandated by Section 40000 et seq. of the Public Resources Code.

(Ord. 91-0115 § 2 (part), 1991.)

The following definitions apply in the application of this chapter.

A.

"Clean fill project" means a project using only gravel, rock, soil, and/or sand, whether processed or not, that has never been used in connection with any structure, road, parking lot, or similar use.

B.

"Composting" means the aerobic or anaerobic biological decomposition of organic wastes.

C.

"Director" means the director of public works for the county of Los Angeles or his/her authorized representative.

D.

"Dispose" means the final deposition onto land, into the atmosphere, or into the waters of the state.

E.

"Enforcement order" means an order issued by the director pursuant to Section 20.88.070A.

F.

"Hazardous waste" means all those wastes defined by Section 40141 of the Public Resources Code.

G.

"Hearing officer" means a person designated by the director as the hearing officer pursuant to Section 20.88.070C.2.

H.

"Inert waste" means non-liquid solid waste that does not contain hazardous waste or soluble pollutants at concentrations in excess of applicable water quality objectives established by a California Regional Water Quality Control Board, does not contain more than 5 percent decomposable waste, and has not been treated in order to reduce pollutants. "Inert waste" includes materials such as crushed glass, brick, ceramics, clay and clay products, fiberglass roofing shingles, slag, plaster, soil, concrete, asphalt, and other inert construction and demolition debris.

I.

"Inert waste landfill" or "inert waste facility" means any facility that accepts only inert waste, including but not limited to an Engineered Fill Activity, Inert Debris Engineered Fill Operation, or Inert Debris Type A Disposal Facility, as defined in Title 14, Division 7, Chapter 3, Article 6, Section 17388 of the California Code of Regulations. "Inert waste landfill" or "inert waste facility" does not include a clean fill project.

J.

"Operator" means a person operating, within the county of Los Angeles, a disposal site, transfer/processing station, or waste exporter for solid waste or a combination of solid waste and hazardous waste. "Operator" includes the person to whom permission is granted, pursuant to Chapter 20.68 or Chapter 20.72 of this code or Section 40000 et seq. of the Public Resources Code, to operate a disposal site, transfer/processing station, or waste exporter.

K.

"Waste exporter" means an entity that collects, transports, conveys, or hauls any solid waste from a location originating within the county of Los Angeles to a location outside the county of Los Angeles.

(Ord. 2008-0056 § 7, 2008; Ord. 2003-0024 § 1, 2003; Ord. 91-0115 § 2 (part), 1991.)

A.

The operator of every disposal site, transfer/processing station, or waste exporter shall be liable for the payment of the applicable solid waste management fee. In the event any fees or administrative penalties have accrued, and remain unpaid, in whole or in part, at the time any operator transfers ownership of its business to a new operator, both the predecessor and successor operators shall be jointly and severally liable for the unpaid fees and any unpaid administrative penalties.

B.

The solid waste management fee shall become due and payable on the first day of each month for the solid waste received, collected, conveyed, or hauled during the preceding month. Fees shall be delinquent 30 days after they are due and payable. Delinquent fees shall subject an operator to the enforcement provisions and administrative penalties set forth in Section 20.88.070.

C.

Fees shall be made payable to the "Los Angeles County Department of Public Works" and transmitted to the Department of Public Works, Cashier's Office, 900 South Fremont Avenue, Alhambra, California 91803-1131. Payment of fees shall be accompanied by 1) a statement from the operator specifying and certifying the total tons or, if applicable, cubic yards of solid waste received, collected, conveyed, or hauled during the preceding month and, 2) if applicable, the notice of the claim of exemption required by Section 20.88.040E.

(Ord. 2008-0056 § 8, 2008; Ord. 2003-0024 § 2, 2003; Ord. 91-0115 § 2 (part), 1991.)

The following activities and entities are exempt from the payment of the solid waste management fee:

A.

Facilities or portions thereof, established for research purposes only, funded primarily by government grants;

B.

Drilling-mud disposal sites for short-term use (less than one year) on a one-time-use per site basis where significant quantities of hazardous or toxic materials are not present in the mud, fluids or cuttings from drilling and associated operations, and if the sites have currently valid waste discharge requirements from a California Regional Water Quality Control Board;

C.

Farm or ranch disposal sites for one- or two-family use;

D.

Resource recovery facilities intended only for demonstration purposes, not to exceed two years, not operated for profit, and not accepting significant quantities of waste;

E.

Transfer/processing stations are exempt from the payment of the solid waste management fee for any:

Solid waste received at the transfer/processing station for transportation to disposal sites located within the county of Los Angeles. To qualify for the exemption, transfer/processing station operators must notify the director in writing of the claim of exemption. The notice must be in the form prescribed by the director, must be submitted for each calendar month for which

the exemption is sought, and must be signed by an authorized officer or principal of the operator of the transfer/processing station who must attest under penalty of perjury to the facts on which the exemption is based, including a statement that the solid waste which is the subject of the exemption has not been transported and/or disposed outside the county of Los Angeles; and

Solid waste received at the transfer/processing station for transportation outside the county of Los Angeles and subsequently recycled or otherwise diverted from disposal. To qualify for the exemption, transfer/processing station operators must notify the director in writing of the claim of exemption. The notice must be in the form prescribed by the director, must be submitted for each calendar month for which the exemption is sought, and must be signed by an authorized officer or principal of the operator of the transfer/processing station who must attest under penalty of perjury to the facts on which the exemption is based, including a statement that the solid waste which is the subject of the exemption has been recycled or otherwise diverted from disposal. The notice must be accompanied by receipts or other documentation from each facility accepting the solid waste for diversion, which documentation substantiates to the satisfaction of the director that the waste was recycled or otherwise diverted from disposal;

F.

Industrial disposal sites located on the producer's property to be used for the exclusive disposal of insignificant quantities of the owner's wastes. These wastes must be nonhazardous, and their disposal shall not pose a threat to the public health, safety, or the environment. To qualify for the exemption, an industrial disposal site must not be subject to waste discharge requirements prescribed pursuant to Section 13263 of the Water Code and the industrial disposal site must not be required to obtain a solid waste facilities permit pursuant to Section 44000 et seq. of the Public Resources Code;

G.

Evaporation ponds for disposing of salts from oil and geothermal drilling operations, if the ponds have been prescribed waste discharge requirements pursuant to Section 13263 of the Water Code;

H.

The use of soil or other material for final cover in an inert waste landfill if approved by the director pursuant to standards, guidelines or criteria established under Section 20.88.100. The exemption may be approved for no more than 3 feet of final cover materials unless a final cover of more than 3 feet is required by applicable federal, state, or local law or regulation. In no case shall the exemption be approved for final cover exceeding 10 feet in depth or 10 percent of the total waste material deposited at the site throughout the site's life, whichever is less.

I.

The use of soil for daily, intermediate, and final cover in a solid waste landfill other than an inert waste landfill. The use of material other than soil is exempt from the payment of the solid waste management fee if approved by the director pursuant to standards, guidelines or criteria established under Section 20.88.100.

J.

Conversion technology facilities;

K.

Clean fill projects;

L.

Composting activities;

M.

Disposal of ash residuals produced at a transformation facility.

(Ord. 2008-0056 § 9, 2008; Ord. 2003-0024 § 3, 2003; Ord. 91-0115 § 2 (part), 1991.)

A.

The solid waste management fee shall be calculated for each disposal site, transfer/processing station, or waste exporter based upon the tons or cubic yards of solid waste received, collected, conveyed, or hauled during a calendar month.

B.

Except as set forth below, the solid waste management fee shall be $0.86 per ton of solid waste. In situations where the director determines that solid waste cannot be measured in tons, solid waste shall be measured in cubic yards and the solid waste management fee shall be $0.52 per cubic yard. (This subsection B shall not be effective after December 31, 2008.)

B.

For all inert waste landfills, the solid waste management fee shall be $0.52 per cubic yard of inert waste. For all other disposal sites, transfer processing stations, and waste exporters, the solid waste management fee shall be $1.50 per ton of solid waste. (This subsection B shall become effective on January 1, 2009.)

(Ord. 2008-0056 § 10, 2008; Ord. 2003-0024 § 4, 2003; Ord. 91-0115 § 2 (part), 1991.)

A.

Each operator shall maintain records, information, and documentation that substantiate the tons or cubic yards of solid waste received, collected, recycled, reused, conveyed, or hauled during each calendar month at each of the operator's disposal sites, transfer/processing stations, and waste exporter. The records, information, and documentation shall include the procedures the operator used to determine and measure the quantity of such solid waste. The operator shall maintain such records, information, and documentation for a period of three years from the date such solid waste was received, collected, recycled, reused, conveyed, or hauled by the operator.

B.

Upon receipt of a minimum of three business days' written notice from the director, an operator shall provide the director with access for inspection and copying of all records, information, or documentation maintained pursuant to Section 20.88.060A.

(Ord. 2008-0056 § 11, 2008; Ord. 2003-0024 § 5, 2003; Ord. 91-0115 § 2 (part), 1991.)

A.

Enforcement Order.

The director shall have the authority to issue an enforcement order for any violation of any provision of this chapter. The enforcement order shall provide notice of the violation, the applicable administrative penalties, and the availability of an administrative appeal.

Service of any enforcement order shall be upon the person or entity in real or apparent charge or control of the involved disposal site, transfer/processing station, or waste exporter. Service shall be by personal delivery or by registered or certified

mail, return receipt requested, at the director's election. In the event, after reasonable effort, the director is unable to serve the enforcement order or decision of the hearing officer as specified above, service shall be accomplished by posting a copy of the enforcement order or decision of the hearing officer on the premises of the disposal site, transfer/processing station, or waste exporter. The date of service is deemed to be the date of mailing, personal delivery, or posting, as applicable.

The director's issuance of an enforcement order shall be final unless an appeal from the order has been filed as provided in Section 20.88.070.C.

B.

Administrative Penalties.

Delinquent Solid Waste Management Fees. Solid waste management fees shall become delinquent if not paid within 30 days after they are due. Each day that a solid waste management fee is delinquent shall constitute a separate violation of this chapter. Delinquent solid waste management fees shall subject the violator to an administrative penalty which shall be the lesser of:

a.

Ten percent of the delinquent amount for each month, or any portion thereof, that the fees are delinquent, or

b.

In any calendar year, $100 for the first day any fees are delinquent, $200 for the second day any fees are delinquent, and $500 a day for each additional day that the fees are delinquent.

Notwithstanding subsections a and b above, the penalty shall be no less than $500 for each calendar month or part thereof that any fees are delinquent.

Other Violations. Except as provided in Section 20.88.070B, a violation of this chapter shall subject the violator to an administrative penalty in the amount $100 for the first violation, $200 for the second violation, and $500 for each additional violation within any given calendar year. Each day that any person or entity fails to comply with an enforcement order shall constitute a separate violation.

C.

Administrative Appeal of an Enforcement Order.

Any person or entity upon whom an enforcement order has been served may appeal the order by filing a written notice of appeal with the director no later than 30 days after the date of service of the enforcement order. The notice of appeal shall include any statements and evidence that the appellant wishes to be considered in connection with the appeal.

The appeal shall be heard by a hearing officer designated by the director. The hearing officer shall conduct a hearing concerning the appeal within 45 days from the date that the appeal is filed and shall give an appellant 10 days' prior written notice of the date of the hearing. The hearing officer shall notify the appellant of the hearing officer's decision within a reasonable period of time after the hearing in the manner described in Section 20.88.070A.2. The hearing officer shall either sustain, rescind, or modify the enforcement order. The decision of the hearing officer shall be final and effective on the date of decision, shall be issued to the appellant in writing, and shall not be subject to further administrative appeal. The hearing

officer shall have the power to waive any portion of the administrative penalty in a manner consistent with his or her written decision.

D.

Judicial Review.

Within 30 days after service of the written decision of the hearing officer, a person contesting that decision may seek review by filing an appeal to be heard by the superior court pursuant to Government Code Section 53069.4.

Any person or entity wishing to appeal a decision of the hearing officer must serve a notice of the appeal upon the director in person or by first-class mail within 30 days after service of the decision of the hearing officer.

(Ord. 2022-0029 § 15, 2022; Ord. 2008-0056 § 12, 2008; Ord. 2003-0024 § 6, 2003; Ord. 91-0115 § 2 (part), 1991.)

In the event any fee has been overpaid or has been erroneously received by the director under this chapter, it may be refunded.

(Ord. 91-0115 § 2 (part), 1991.)

The fees and penalties collected under Section 20.88.060 shall be deposited in a separate special revenue fund entitled "Solid Waste Management Fund."

(Ord. 91-0115 § 2 (part), 1991.)

A.

The director may establish standards, guidelines and criteria consistent with this chapter for approval of an exemption from the payment of the solid waste management fee under Section 20.88.040.H for the use of soil or other materials for final cover in an inert waste landfill.

B.

The director may establish standards, guidelines and criteria consistent with this chapter for approval of an exemption from the payment of the solid waste management fee under Section 20.88.040.I for the use of materials other than soil for daily, intermediate, and final cover in a solid waste landfill other than an inert waste landfill.

(Ord. 2008-0056 § 13, 2008.)