Los Angeles Municipal Code Art. 1 Solid Waste and Recycled Materials Management

Section 190.01 Solid Waste Enforcement Program. 190.02 Depositing Solid Waste. 191.01 Solid Waste Transfer / Processing Station Permit. 191.02 Compostable Materials Handling Facility Permit. 191.03 Construction and Demolition and Inert Debris Transfer / Processing Operations and Facility Permits. 191.04 Non-hazardous Contaminated Soil Transfer / Processing Operation Permit. 191.05 Non-hazardous Contaminated Soil Disposal Facility Permit. 191.06 Sanitary Landfill Permits. 191.07 Non-operating Landfills. 191.08 Closed Landfill. 191.09 Joint Powers Authority and the Sunshine Canyon Landfill Local Enforcement Agency. 191.10 Solid Waste Collection Vehicle Yards. 191.11 Solid Waste Collection Vehicles. 191.12 Transformation Facilities. 192.01 Display of Solid Waste Permit Information. 192.02 Solid Waste Facility Application Permit Review Fees. 192.03 Solid Waste Facility Permit Inspection Fee.

192.04 Solid Waste Facility Permit Revision Review Fees. 192.05 Additional Compliance Monitoring Fees. 193.01 Annual Fee Adjustments. 193.02 Solid Waste Facility Fee Table. 193.02.1 Transfer Stations. 193.02.2 Compostable Materials Handling Facility Permit. 193.02.3 Construction and Demolition and Inert Debris Transfer / Processing Operations and Facility Permits. 193.02.4 Non-hazardous Contaminated Soil Transfer / Processing Operation. 193.02.5 Non-hazardous Contaminated Soil Disposal Facility. 193.02.6 Sanitary Landfill. 193.02.7 Solid Waste Collection Vehicle Yards. 193.02.8 Solid Waste Collection Vehicles. 193.02.9 Transformation Facilities. 193.02.10 Not Used. 193.02.11 Closed Landfill Development Site Review Fee. 193.02.12 Solid Waste Facility Application Permit Review Fee. 193.02.13 Solid Waste Facility Permit Inspection Fee. 193.02.14 Solid Waste Facility Permit Revision Review Fee. 193.03 Additional Fees. 193.04 Penalty for Past Due Fees. 194.01 Suspension of Permit for Non-payment of Fees. 194.02 Permit Transfers. 194.03 Administrative Penalties. 194.04 Remedies Not Exclusive. 194.05 Liability for Costs of Correction Arising from Violation. 194.06 Criteria to Impose an Administrative Penalty. 194.07 Appeal of Administrative Penalty. 194.08 Use of Funds.

A. This Chapter is adopted pursuant to and for the purpose of incorporating by reference the California Integrated Solid Waste Management Act of 1989 commencing with Section 40000 of the Public Resources Code and the California Code of Regulations Title 14, Division 7 and Title 27, Division 2, as amended, to the Los Angeles Municipal Code.

B. The local enforcement of the provisions in this Chapter shall be carried out by the City of Los Angeles Department of Building and Safety, Local Enforcement Agency Program (LEA). (Amended by Ord. No. 181,198, Eff. 7/27/10.)

C. (Amended by Ord. No. 181,198, Eff. 7/27/10.) In order to carry out the purpose of this Chapter, any authorized representative of the Department may, at any reasonable hour of the day, as authorized by this ordinance, enter and inspect any permitted or unpermitted solid waste facility, solid waste collection vehicle yard, or site where solid wastes have been deposited or treated for the purpose of recovering resources and may do any of the following:

1. Carry out any sampling of monitoring activities necessary to carry out provisions of this Chapter.

2. Inspect and copy any records, reports, test results, or other information to carry out provisions of this Chapter.

3. Photograph or videotape any waste, waste container, waste collection vehicle or any waste facility or portion thereof.

4. Issue permits consistent with the provisions of state law with the concurrence of the California Department of Resources Recycling and Recovery (CalRecycle), if required by regulation.

5. Impose permit conditions and requirements necessary to protect the health and safety of the public and the environment, if allowed by regulation.

6. Conduct reasonable corrective actions and implement other protective measures needed to ensure public health and environmental safety during emergencies.

D. The personnel assigned to the Local Enforcement Agency in the positions of Environmental Affairs Officer, Environmental Supervisor, Environmental Specialist and Industrial Hygienist, shall have the power, authority, and immunity of a public officer or employee, as specified in the California Code of Civil Procedures Code Section 1822.50, et seq. and the power, authority, and immunity of a public officer as set forth in the Penal Code of the State of California, Section 836.5, to make arrests without a warrant whenever such personnel has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in their presence, which is a violation of any law of this State or any ordinance of the City pertaining to matters under the jurisdiction of the LEA (as certified by the California Natural Resources Agency, California Department of Resources Recycling and Recovery, with respect to illegal disposal of solid waste as described in the Los Angeles Municipal Code Section 41.70.3.6*). (Amended by Ord. No. 181,198, Eff. 7/27/10.)

E. (Amended by Ord. No. 181,198, Eff. 7/27/10.) The power, authority, and immunity granted in Subsection D. shall be exercised only by the personnel designated in Subsection D. and authorized deputies who have successfully completed a course in the exercise of powers of a peace officer pursuant to California Penal Code Section 832. All Public officers empowered by this Section shall have the authority and standing of a “local enforcement agency” for the purposes specified in the California Public Resources Code Division 30, Part 3, related to the California Department of Resources Recycling and Recovery Local Enforcement Agency Program. Personnel designated in Subsection D. and authorized deputies who have successfully completed a course in the exercise of powers of a peace officer pursuant to California Penal Code Section 832, shall have the status of peace officers. In addition, personnel designated in Subsection D. and authorized deputies who have successfully completed a course in the exercise of powers of a peace officer pursuant to California Penal Code Section 832, shall have the foregoing power, authority and immunity with respect to a violation of any of the following sections of the Municipal Code:*

190.02(a) 191.01(a) 191.02(a) 191.03(a)

191.04(a) 191.05(a) 191.06(a) 191.07(a)

191.08(a) 190.10(a) 191.12(a) 191.13(a)

F. Those persons designated in Subsections C., D. and E. of this section are hereby authorized to issue citations for violation of the Los Angeles Municipal Code Section 190.02.

G. Those persons designated in Subsections C., D. and E. of this section are hereby authorized to issue citations for violations of the Los Angeles Municipal Code for violations of land use conditions of approval related to solid waste facilities, recycling facilities or other industrial or commercial sites where there is evidence of negative environmental effects affecting the community.

H. The provisions of Penal Code Section 836.5 regarding issuance of a written promise to appear shall be applicable to arrests authorized herein.

I. Designated employees of the Department and City staff of the Sunshine Canyon Landfill Local Enforcement Agency and their Directors, or agents may carry upon their persons a metallic badge, of a size and design to be determined as provided in Sec. 52.32 of the Los Angeles Municipal Code, while performing their respective duties applicable to the enforcement of state and local solid waste laws and regulations.

• Note: The code sections listed herein will be amended in a forthcoming ordinance.

It shall be unlawful for any person to deposit or cause to be deposited any putrescible and non-putrescible solid wastes including combustible or noncombustible rubbish, refuse, trash, dewatered, treated or chemically fixed sewage sludge, or discarded solid or semisolid wastes or regulated recyclable materials of any kind whatsoever upon or in any street, public area, any private premises in this City, or in the Los Angeles River, or in the bed thereof without obtaining all required approvals and/or permits to do so.

A. No solid waste transfer/processing station shall be operated without first obtaining a permit from the Department. An application shall be filed with the Department giving such information as is required by the Department and, if approved by the Department, an annual permit may be issued upon payment of an annual inspection fee as found in the Solid Waste and Recycled Materials Facility Fee table found in Sec. 193.02.

B. Permit Class shall be determined by the Department based on permitted daily tonnage. Fees are due within 30 days from the issuance date of a new permit.

C. Such permits shall not extend to a later date than the first day of July next succeeding the date of issuance. Fees for a new permit issued after the first day of July will be prorated on a monthly basis.

D. The definition of solid waste transfer facilities for establishing fees will be calculated based on the permitted daily tonnage of the solid waste, as follows:

1. Class 1 Transfer Station - A limited volume transfer operation that receives 60 cubic yards or less of solid waste per day.

   2. Class 2 Transfer Station - A permitted, medium volume transfer station that is permitted for 60 cubic yards to 100 tons or less of solid waste per day.

   3. Class 3 Transfer Station - A permitted, large volume transfer station that is permitted for 101 tons to 1,501 tons of solid waste per day.

   4. Class 4 Transfer Station - A permitted large volume transfer station that is permitted for 1,501 to 2,500 tons of solid waste per day.

   5. Class 5 Transfer Station - A permitted large volume transfer station that is permitted for 2,501 to 3,500 tons of solid waste per day.

   6. Class 6 Transfer Station - A permitted large volume transfer station that is permitted for 3,501 to 4,500 tons of solid waste per day.

   7. Class 7 Transfer Station - A permitted large volume transfer station that is permitted for 4,501 to 5,500 tons of solid waste per day.

   8. Class 8 Transfer Station - A permitted large volume transfer station that is permitted for over 5,501 tons of solid waste per day.

A. No compostable materials handling operation or facility shall be operated without first obtaining a permit from the Department. An application shall be filed with the Department giving such information as is required by the Department and, if approved by the Department, an annual permit may be issued upon payment of an annual inspection fee as found in the Solid Waste and Recycled Materials Facility Fee table found in Sec. 193.02.2.

B. The definition of composting facility for establishing fees will be made in accordance with Title 14, California Code of Regulations, Division 7, Chapter 3.1, Article 2, Regulatory Tiers for Composting Operations and Facilities.

C. All compostable materials handling facilities or operations shall, at the time of application, submit to the Department all information that may be required to process its application including, but not limited to, a Report of Composting Site Information and an Odor Impact Minimization Plan.

D. Compostable materials handling facilities or operations shall comply with the operating standards and siting, design and reporting requirements as specified in its permit or as set forth in Title 14 of the California Code of Regulations, Chapter 3.1, Articles 5 to 9.

E. The definition of compostable materials operations or facilities for establishing fees will be as referenced in subsection B, above, and shall be based on the tiered regulatory placement of the operation or facility, as follows:

1. Class 1 - Enforcement Agency Notification

2. Class 2 - Registration Permit

3. Class 3 - Full Solid Waste Facility Permit.

A. No construction and demolition and inert debris transfer/processing operation or facility, inert processing, or wood debris chipping and grinding facility shall be operated without first obtaining a permit from the Department. An application shall be filed with the Department giving information as required by the Department and, if approved by the Department, an annual permit may be issued upon payment of an annual inspection fee as found in the Solid Waste and Recycled Materials Facility Fee table found in Sec. 193.02.3.

B. Construction and demolition and inert debris transfer/processing operations and facilities shall be classified in accordance with Title 14, California Code of Regulations, Division 7, Article 5.9, Section 17381 et seq. In addition to the classification defined by tonnage and storage limits on tonnages, each facility also must meet the applicable composition requirements for the incoming materials, the amount of allowable residual material to be disposed in a facilities specific classification, the level of putrescible materials, and the received material origin as it relates to the source separation (source separated and separated for reuse materials, and/or separated at point of generation, i.e., no commingling) requirements for each classification. The composition tests are described in Title 14 California Code of Regulations, Section 17381 to Section 17383 and are incorporated by reference.

C. All construction and demolition and inert debris transfer/processing operations or facilities shall at the time of application, submit to the Department all information that may be required to process its application.

D. Definition of construction and demolition and inert debris transfer/processing operations or facilities for establishing fees: The calculation for the fee will be based on the tiered regulatory placement of the operation or facility, as follows:

1. Class 1 - Enforcement Agency Notification

2. Class 2 - Registration Permit

3. Class 3 - Full Solid Waste Facility Permit.

No contaminated soil transfer/processing operation shall be operated without first obtaining a permit from the Department. An application shall be filed with the Department giving information as required by the Department and, if approved by the Department, an annual permit may be issued upon payment of an annual inspection fee as found in the Solid Waste and Recycled Materials Facility Fee table found in Sec. 193.02.4.

No contaminated soil disposal facility shall be operated without first obtaining a permit from the Department. An application shall be filed with the Department giving information as required by the Department and, if approved by the Department, an annual permit may be issued upon payment of an annual inspection fee as found in the Solid Waste and Recycled Materials Facility Fee table found in Sec. 193.02.5.

A. No sanitary landfill shall be operated without first obtaining a permit from the Department. An application shall be filed with the Department giving information as required by the Department.

B. It shall be unlawful to burn or incinerate solid waste or rubbish on private or public property or upon sanitary landfills within the City of Los Angeles. This Subsection does not apply to transformation or conversion technology facilities (e.g., waste-to-energy facilities that generate electricity through the incineration of solid waste, or other transformation facilities as defined by the California Public Resources Code) that have obtained all necessary permits to operate.

C. Prior to the issuance of a permit, the Department shall investigate each particular site and shall require that all necessary measures be taken to ensure that the operation of the sanitary landfill will not endanger the public health, safety or welfare and that it conforms to requirements for solid waste facilities found in the California Integrated Solid Waste Management Act of 1989 commencing with Section 40000 of the Public Resources Code and the California Code of Regulations Title 27, Division 2 or any successor statutes.

D. The definition of solid waste facilities for establishing fees is as follows:

1. Class A Landfill - A municipal solid waste landfill as defined in Title 27, Division 2, Chapter 3 in the California Code of Regulations that has been issued a solid waste facility permit.

2. Class A-2 Landfill - A municipal solid waste landfill as defined in Title 27, Division 2, Chapter 3 in the California Code of Regulations that has been issued a solid waste facility permit and due to specific site conditions requires special monitoring of both the active and closed units of the landfill.

3. Class B Landfill - A landfill that has ceased accepting waste and that has closure documentation and is under review and evaluation by the Department.

4. Class C Landfill - A landfill that has ceased accepting waste, has had closure documentation that has been approved and is implementing the final closure plan.

   5. Class D Landfill - A landfill that has ceased accepting waste and has completed closure in accordance with applicable statutes, regulations and local ordinances in effect at the time and meets either of the

   following conditions:

   (a) Environmental impacts such as landfill gas or leachate are not being mitigated, either on or off site, to protect public health and/or the environment. At least monthly inspections by the Department are required.

   (b) Environmental impacts such as landfill gas or leachate are being mitigated on site to protect public health and/or the environment. However, control systems require at least monthly monitoring by the

   Department due to the proximity of sensitive receptors, such as structures. Regular monitoring reports also may be required to be submitted to the Department for review on a regular basis.

   6. Class E Landfill - A landfill that has ceased accepting waste and has completed closure in accordance with applicable statutes, regulations and local ordinances in effect at the time of closure and meets either

   of the following conditions:

   (a) Environmental impacts such as landfill gas or leachate are being mitigated, both on and off site, to protect public health and/or the environment. Closed landfills in this class require landfill gas or

   leachate, or other monitoring reports to be submitted to the Department for review on a regular basis.

   (b) Environmental impacts such as landfill gas or leachate are being mitigated on site to protect public health and/or the environment, however due to the proximity of sensitive receptors such as structures, inspection is required more than quarterly, but less than monthly.

   7. Class F Landfill - A landfill that has ceased accepting waste and has completed closure in accordance with applicable statutes, regulations and local ordinances in effect at the time. Due to site conditions

   including, but not limited to, minimal gas and leachate production, and distant proximity to sensitive receptors, only quarterly inspections are required.

   8. Class G Landfill - A landfill that is permitted to accept only inert solids or inert waste materials including, but not limited to, soil and concrete, that does not contain hazardous waste or soluble pollutants at

   concentrations in excess of water- quality objectives established by a Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the California Water Code and does not contain significant quantities of decomposable solid waste.

E. A permit shall not extend to a date later than the last day of the paid permit period. The permit may be renewed annually by the Department, upon the receipt of payment of fees contained in this ordinance. Fees for a new permit issued after the first day of July will be prorated on a monthly basis.

F. The Department shall enforce the California Integrated Solid Waste Management Act of 1989 commencing with Section 40000 et seq. of the Public Resources Code and the California Code of Regulations Title 14 and Title 27, governing the sanitary landfill administrative, operational, and closure/post-closure requirements.

G. Each applicant of a facility shall pay an annual inspection fee to the Department for the period between July 1, through June 30, (inclusive) for each fiscal year as found in the Solid Waste and Recycled Materials Facility Fee table found in Sec. 193.02.6.

A. It shall be unlawful for owners of non-operating landfills to fail to monitor and control decomposition gases if the Department has properly notified the owner of the owner’s monitoring or control requirements. The Department will provide notice when it has cause to believe that a landfill site not presently operating, whether or not ever permitted by the City, is a hazard or a nuisance as a result of the migration of decomposition gases from landfill in excess of state regulations. The Department may require the owner to monitor the site according to specifications adopted by the Department, with monitoring results submitted to the Department and any other appropriate agency as directed by the Department. If the Department determines that monitoring is required the monitoring shall be done by and at the expense of the owner and/or operator. The owner/operator may request a hearing pursuant to Public Resource Code Sections 44305 and 44310.

B. If the owner and/or operator refuse to conduct monitoring as provided in Subsection A. or fail to conduct the monitoring within a reasonable time as determined by the Department, the City or a contractor selected by the City shall conduct monitoring with all reasonable costs assessed to and owed by the owner/operator.

A. It shall be unlawful for a sanitary landfill which is closed, to construct an on-site development unless such construction is reviewed and approved by the Department with respect to California Code of Regulations Title 14 and Title 27 closure/postclosure requirements. An approved closure plan or site plan approval is required before start of any demolition and/or construction activity begins. Site development plan review fees must be paid as set forth in this Code at the time that the development plan is submitted to the Department for review.

B. Closed site development plan review fees shall be charged as set forth in Sec. 193.02.11. The determination as to the category of fees assessed to the applicant will be made by Departmental staff upon preliminary review of the applicant’s closed site development plan review request.

A. The LEA shall provide the permitting, inspection/ enforcement staff, administrative / management staff, equipment, closure / postclosure maintenance oversight staff, and any required technical support for the operations of the Sunshine Canyon Landfill Local Enforcement Agency that has been created by the “Joint Exercise of Powers Agreement between the City of Los Angeles and the County of Los Angeles for the Creation of the ‘Authority’ and the Sunshine Canyon Landfill Local Enforcement Agency in the County and City of Los Angeles.”

B. On behalf of the Sunshine Canyon Landfill Local Enforcement Agency, the LEA shall collect the funds necessary to cover the cost of inspections and program administration and to provide the staff and technical resources to the Sunshine Canyon Landfill Local Enforcement Agency. The fees assessed for reimbursement of LEA costs and expenses in support of the Sunshine Canyon Landfill permit for combined City/County operation shall be reviewed and approved by the Sunshine Canyon Landfill Local Enforcement Agency Board of Directors. All fees imposed shall reflect necessary and reasonable costs for providing permitting, inspection, enforcement and monitoring services.

A. No solid waste collection vehicle yard shall be operated without first obtaining a permit from the Department. Waste collection vehicles yards are defined as those facilities that store vehicles or devices which collect solid waste at the point of origin and include front, side or rear loading vehicles, and roll off container transportation vehicles. Vehicles that are not included in the definition of waste collection vehicles are: transfer trucks, demolition trucks, dump trucks, and vehicles which haul only recyclable materials from collection points to recycling facilities.

B. No solid waste vehicle storage yard shall be operated without first obtaining a permit from the Department. An application shall be filed with the Department giving information as required by the Department and, if approved by the Department, an annual permit may be issued upon payment in advance of an annual inspection fee for each permitted site. Permits shall not extend to a later date than the first day of July next succeeding the date of issuance. Fees for a new permit issued after the first day of July will be prorated on a monthly basis.

C. All waste collection vehicle yards must be maintained in a manner to minimize the health and safety hazards to collection personnel and the public. Failure to so maintain waste collection vehicle yards shall constitute a violation of the Los Angeles Municipal Code.

1. Transfer / Processing Operations - Waste collection vehicle yards are prohibited from the transfer and/or processing of solid waste, construction and demolition debris, inert debris or greenwaste without

first obtaining the necessary approvals of the LEA, the local land use authority, or other approving agencies.

2. Entrance Signs - All waste collection vehicle yards shall have an easily visible sign at the main entrance indicating the name of the operator and operator’s telephone number.

3. Site Security - The facility shall be designed to discourage unauthorized access by persons and vehicles through the use of either a perimeter barrier or topographic constraints.

4. Vehicle Parking - A refuse collection service operator must designate an off-street location where all refuse collection vehicles will be parked when not in service, except in an emergency.

5. Visual Screening - The facility shall have appropriate treatment of areas open to public view to create and maintain an aesthetically acceptable appearance as approved by the local land use authority, or if

none exists, in consultation with the LEA. Compliance with specific provisions regarding visual screening in a local land use approval, such as conditional use permits, or CEQA mitigation measures shall be considered compliance with this standard.

6. General Maintenance - All aspects of the operation shall be maintained in a state of good repair. The operator shall implement a preventative maintenance program to monitor and promptly repair or correct

deteriorated or defective conditions. The operator shall provide adequate housekeeping for the maintenance of facility equipment and shall minimize accumulations of fuel drums, inoperable equipment, parts, tires, scrap, and similar items.

7. Cleanup - Waste collection yards and their equipment, boxes, bins, and other types of containers shall be cleaned each operating day of all loose materials and litter, in order to prevent the propagation or attraction of flies, rodents, or other vectors. The entrance and exit shall be cleaned at a frequency which prevents the tracking or off-site migration of waste materials. 8. Sanitation - The operator shall maintain all sanitary and hand-washing facilities which may be required, by applicable state or local requirements, in a reasonably clean and adequately supplied condition. 9. Scavenging / Salvaging - Each operation or facility shall meet the following requirements: (a) Scavenging shall be prohibited; (b) Salvaging of materials, such as metal, paper, glass and cardboard is permitted subject to conditions established by the LEA, the local land use authority, or other approving agencies. (c) Drugs, cosmetics, foods, beverages, hazardous wastes, poisons, medical wastes, syringes, needles, pesticides and other materials capable of causing public health or safety problems shall not be salvaged at operations or facilities unless approved by the local health agency and the LEA. 10. Waste Removal - Waste materials shall not be stored in bins or containers on site for more than 7 days in order to prevent the propagation or attraction of flies, rodents or other vectors. Waste materials may not be deposited at the facility. The LEA may impose an alternative frequency if problems are created. 11. Nuisance Control - Each operation and facility shall be conducted and maintained to prevent the creation of a nuisance. Compliance with specific provisions regarding nuisance control in a local land use approval, such as a conditional use permit or California Environmental Quality Act mitigation measures, shall be considered compliance with this standard. 12. Vector Control - The operator shall take adequate steps to control or prevent the propagation, harborage and attraction of flies, rodents, or other vectors, and animals, and to minimize bird attraction.

8. Dust Control - The operator shall take adequate measures to minimize the creation, emission, or accumulation of excessive dust and particulates, and prevent other safety hazards to the public caused by obscured visibility. One or more of the following may be an indication that dust is excessive:

   (a) safety hazards due to obscured visibility; or

   (b) irritation of the eyes; or

   (c) hampered breathing;

   (d) migration of dust off-site.

   14. Litter Control - Litter at waste collection vehicle yards shall be controlled, and routinely collected to prevent safety hazards, nuisances and off- site migration of similar problems to the greatest extent

   possible given existing weather conditions.

D. All waste collection vehicle yards must provide information, as required, on waste collection vehicles to the Department or any authorized agent thereof.

E. Waste collection vehicle yards that require extraordinary compliance monitoring by the Department, in excess of that performed for other facilities, as determined by the Department, must submit to additional monitoring.

F. Waste collection vehicle yards that are in violation of this Section and fail to maintain their facility or the public ingress and egress areas clean and in good repair after notification may be cleaned up by the City at the owner’s expense.

G. Waste collection vehicle yards will be charged the amounts specified in the Solid Waste and Recycled Materials Facility Fee table found in Sec. 193.02.7.

A. Inspection of waste collection vehicles not owned and operated by the City of Los Angeles may be carried out by the Los Angeles County Local Enforcement Agency under agreement with the Department. Waste collection vehicles are defined as those vehicles or devices that collect solid waste at the point of origin and include front, side or rear loading vehicles, and roll off container transportation vehicles. Vehicles that are not included in the definition of waste collection vehicles are: transfer trucks, demolition trucks, dump trucks, and vehicles which haul only recyclable materials from collection points to recycling facilities.

B. All waste collection vehicles not owned and operated by the City of Los Angeles must obtain a valid waste collection permit from the County of Los Angeles Local Enforcement Agency. Solid Waste Vehicle Storage Yard offices shall maintain proof that operating vehicles have valid waste collection permits from the County of Los Angeles Local Enforcement Agency.

A. No “Transformation” facility may be operated without first obtaining a permit from the Department. “Transformation” means the incineration of solid waste, with or without the generation of electricity. “Transformation” does not include composting, biomass conversion or conversion by a biorefinery. A “Transformation” facility may fall into the following classes:

1. Class 1 Transformation Facility - A transformation facility that is permitted for 399 tons or less of solid waste per day.

2. Class 2 Transformation Facility - A transformation facility that is permitted for 400 tons to 999 tons of solid waste per day.

3. Class 3 Transformation Facility - A transformation facility that is permitted for 1000 tons or more of solid waste per day.

B. Each applicant of a Transformation facility shall pay an annual inspection fee to the Department for the period between July 1 through June 30, (inclusive) for each fiscal year as specified in the Solid Waste and Recycled Materials Facility Fee table found in Sec. 193.02.9.

All facilities subject to permit requirements must maintain, within the location of the facility subject to the solid waste permit, a copy of the current solid waste facility permit and permit receipt for fees paid as issued by the LEA. A full size copy of the permit receipt shall be legibly displayed in a conspicuous location at the facility approved by the local enforcement agency. If a facility is served with a legal order to cease and desist operation or suspend operations, the permit and permit receipt shall be surrendered to the local enforcement agency until reinstated.

A. All proposed solid waste facilities must submit permit review fees, as set forth in Sec. 193.02.12 of this Code at the time that the application for a permit for a solid waste facility is submitted to the Department.

B. The review fee will be based on the time and materials cost associated with processing the application. If more than 100 hours of staff time are needed to complete the application review process, the applicant will be billed by the Department monthly to cover these costs. These costs will include costs for staff time utilized and the cost of City contracted consulting services plus a 10% administrative fee.

1. In determining the appropriate type of permit for existing solid waste facilities permit revisions and/or proposed facilities applications, facilities with multiple types of waste processing operations (e.g.,
transfer operations, greenwaste processing, recycling, etc.) on a single site shall be classified, for the purpose of the permitting requirements, according to the most restrictive permit classification. The applicable
fee schedule for the most restrictive permit classification applies.

2. For single sites with multiple operations, the permitting requirements of each of the individual operations must be met in addition to the overall permitting requirements of the most restrictive operation that
determines the appropriate permit type.

A. All solid waste facilities permitted and inspected by the LEA must pay the cost of the inspections and program administration by Department personnel.

B. Federal, state or local regulations may establish new classifications of solid waste facilities and/or modify existing classifications not included in the existing ordinance. The City periodically will revise applicable ordinances to include the new facilities and to reclassify existing facilities as necessary to meet the federal, state, and/or local regulations and law.

C. Permit Inspection Fees for each category of facility will be established in the Solid Waste Facility Fee Table, which appears in Section 193.02.13 of this Ordinance. All fees are subject to increases allowed by provisions of this Ordinance.

A. All solid waste facilities must submit permit revision review fees, as set forth in Section 193.02.14 of this Code at the time that the permit revision request for a solid waste facility is submitted to the Department.

B. Permit revision fees shall be charged as set forth below. The determination as to the category of fees assessed to the applicant will be made by Departmental staff upon preliminary review of the applicant’s permit revision request.

1. Major Permit Revision - The review fee for a major revision to a solid waste facility permit will be based on the time and materials cost associated with processing the application. If more than 100 hours of staff time are needed to complete the application review process, the applicant will be billed by the Department monthly to cover these costs. These costs will include costs for staff time utilized and the cost of City contracted consulting services plus a 10% administrative fee.

2. Minor Permit Revision - The review fee for a minor revision to a solid waste facility permit will be based on the time and materials cost associated with processing the application. If more than 10 hours of staff time are needed to complete the application review process, the applicant will be billed by the Department monthly to cover these costs. These costs will include costs for staff time utilized and the cost of City contracted consulting services plus a 10% administrative fee.

A. Any facility that requires extraordinary compliance monitoring by the Department, in excess of that performed for other facilities, as determined by the Department, must submit additional monitoring fees, as set forth in subsection B. below.

B. After notification, the applicant will be billed by the Department on a monthly basis in accordance with the time and materials cost associated with additional compliance monitoring. This fee will reflect the cost of staff time utilized and the cost of City contracted consulting services plus a 10% administrative fee.

A. Beginning July 1, 2000, all fees imposed by the Solid Waste Enforcement Program shall be adjusted annually on July 1 by an inflation factor (‘IN’), which is based upon the change, from the COMMENCEMENT DATE to the adjustment date in question, in the Consumer Price Index for all urban consumers for the Los Angeles Anaheim Riverside Metropolitan Area (‘CPI-U’) as published by the Bureau of Labor Statistics, U.S. Department of Labor.

The inflation factor shall be equal to:

IN = [ (CPI-Ua) / (CPI-UC) ]

where

CPI-Ua = the CPI-U for the calendar month ‘a'; and

‘a' = the calendar month in which the anniversary of the COMMENCEMENT DATE occurs;

‘CPI-UC' = the CPI-U for the calendar month and year in which the COMMENCEMENT DATE occurs.

B. Until the final CPI-Ua is published for the year in question, an estimate of the CPI-Ua shall be made by the City using linear extrapolation from the prior year’s CPI-Ua to the most recently published final CPI-U. The City shall adjust the fee payment for the month following the publication of the final CPI-Ua to account for any over or under payments resulting from the use of the estimated CPI-Ua.

C. Notwithstanding the calculation methodology described herein, at no time shall IN exceed 0.03 (three percent) in any single annual adjustment. If the CPI exceeds 3%, calculated at an average for a given year, the operating fee will adjust to 75% of the average CPI in excess of the 3% per year limit to begin the following year.

D. All fees contained in the Solid Waste Facility Fee Table in Section 193.02 of this ordinance are subject to annual fee adjustments as calculated above.

The fee schedule listed in Section 193.02 may be increased to cover the costs of meeting additional requirements (e.g., such as additional environmental monitoring and/or mitigation monitoring, etc.) that may be imposed upon a facility through the land use permitting, or other project specific conditions that would require the LEA to expend resources and services in excess of its normal level enforcement.

Whenever an annual Permit Fee is required to be paid and the fee is 30 calendar days past due, the fee shall be delinquent and an additional sum equal to 25% of the fee shall be imposed for such delinquency. The additional sum shall become a part of the fee required by the Department.

A. No privately-owned solid waste facility permittee may operate under permitted conditions if current fees and penalties specified under this ordinance are due and not paid. After notification of past due fees has been given and documented and non-payment has been verified by program management, suspension of any and all permits can be imposed by the LEA until all fees and penalties due to the City are paid.

B. If there is a dispute regarding the fee amount, the full amount of the fees and any past due fees must be paid to avoid suspension of the permit. To appeal a fee assessment, a written appeal stating the basis of the appeal must be filed with the LEA within 21 calendar days of the invoice date. After an administrative review, if fees are revised, a refund will be issued.

A permit may be transferable as determined by the Department. The operator must notify the Department 45 days in advance of any proposed changes in ownership.

A. Any solid waste management facility, including but not limited to disposal facilities, transfer stations, materials recovery facilities, recycling facilities, construction and demolition waste processing facilities, greenwaste/wood processing facilities, and composting facilities, or any party or person who commits any of the following acts may be liable for administrative penalties not to exceed $1,000.00 per violation per day imposed by the LEA:

1. Any violation of any applicable permit, rule, regulation, standard, or operating requirement pursuant to City of Los Angeles ordinances and codes, California Code of Regulations Title 14 and/or California

Code of Regulations Title 27 relating to the management of so/lid waste management facilities, including but not limited to disposal facilities, transfer stations, materials recovery facilities, recycling facilities, construction and demolition waste facilities, greenwaste / wood processing facilities and composting facilities.

2. Any violation of, or noncompliance with, any order issued by the LEA relating to the operations of solid waste management facilities, including, but not limited to, disposal facilities, transfer stations,

materials recovery facilities, recycling facilities, construction and demolition waste processing facilities, greenwaste / wood processing facilities and composting facilities.

3. Any false statement, misrepresentation, or omission of a significant fact or other required information in the application for an operating permit, manifest or log forms, or in information regarding these matters

subsequently reported to the LEA.

B. In addition to the imposition of an administrative penalty, the LEA may:

1. Conduct corrective action to protect public and environmental health.

2. Require payment by the facility operator for reimbursement of expenditures.

3. Deny, suspend, or revoke all operating permits.

Remedies provided for the enforcement of this article are in addition to and do not supersede or limit any and all other remedies provided by state law or regulations. The remedies provided herein are cumulative and not exclusive.

In addition to any fine or penalty imposed, whenever a solid waste facility operator causes any violation of this Chapter, said operator shall be liable to the City for reasonable costs necessary to correct that violation, including, but not limited to labor, material, inspection, transportation, overhead and incidental expenses associated with the corrective action. If the costs are not paid within 30 days of the invoice date, an additional charge equal to 25% of the required reimbursement shall be added to the reimbursement.

In assessing the amount of an administrative penalty, factors to be considered may include, but are not limited to, the following:

A. The nature, circumstances, extent and gravity of the violation.

B. Evidence that the violation was willful or negligent.

C. The good or bad faith exhibited by the party.

D. History of violation of the same or similar nature.

E. Whether the violations was due to circumstances that were unavoidable or beyond the operator’s reasonable control.

F. The extent to which the party has cooperated with the LEA in correcting the violation.

G. The extent that the owner or operator has mitigated or attempted to mitigate any damage or injury caused by the owner’s or operator’s violation.

H. Evidence of any financial gain resulting from the violation,

I. Cost to the LEA to conduct additional monitoring and related enforcement activities to correct violations.

J. Other matters as justice or other equitable considerations may warrant.

A. Owners and/or operators of facilities that are assessed an administrative penalty and/or monetary fine may appeal by filing a written request within 15 calendar days to the LEA to convene a meeting of the LEA’s Independent Hearing Panel.

B. Within 15 calendar days after the LEA’s receipt of the written request to convene a Hearing Panel meeting to hear an appeal, the LEA shall provide written notice to the owner/operator of the scheduled date, time and place of the Hearing Panel meeting and requiring that a statement of issues that require a hearing be filed by the appellant at least 20 calendar days prior to the date of the hearing.

C. The Hearing Panel must convene within 45 calendar days of the date of the LEA’s receipt of the written request from the facility owner/operator unless the owner/operator and the LEA mutually waive the timeline.

D. If the statement of issues is not filed, the LEA may affirm the administrative penalty and/or fine without a hearing, or may, at its discretion, proceed with a hearing before deciding whether or not to affirm the penalty or fine.

Administrative penalties and/or fines shall be deposited into a special LEA’s Environmental Trust Fund account for use only in support of LEA activities.