Los Angeles Municipal Code § 57.120 Unified Program Facility Permit

This section sets forth the requirements concerning the “Unified Hazardous Waste and Hazardous Materials Regulatory Management Program Consolidated Permit” (Unified Program Facility Permit), issued pursuant to Chapter 6.11 of Division 20 of the California Health and Safety Code, for businesses located in the City of Los Angeles. Businesses subject to any one or more of the hazardous waste and hazardous materials programs defined in Sections 57.120.1.1 through 57.120.1.5 shall receive a single consolidated permit and fee invoice.

(Title and Section Amended by Ord. No. 188,414, Eff. 11/8/24.)

Hazardous waste generator; onsite tiered permitting activities authorized under the permit-by-rule, conditionally authorized, and conditionally exempt tiers; and hazardous waste recycling pursuant to Health and Safety Code Division 20, Chapter 6.5 (Generally supplemented by Division 4.5, Title 22 of the California Code of Regulations).

The requirements of Health and Safety Code, Division 20, Chapter 6.67, Sections 25270 - 25270.13, concerning above ground storage of petroleum.

(Amended by Ord. No. 188,414, Eff. 11/8/24.)

The requirements for the Health and Safety Code Division 20, Chapter 6.7 (commencing with Section 25280) concerning underground storage tanks, except for the responsibilities assigned to the State Water Resources Control Board pursuant to section 25297.1, the requirements of Division 3 of Title 23 of the California Code of Regulations, and any requirements of Chapter 50 of this code pertaining to underground storage tanks.

(Amended by Ord. No. 188,414, Eff. 11/8/24.)

The requirements of Article 1 (commencing with Section 25500) of the Health and Safety Code Division 20, Chapter 6.95, concerning hazardous material release response plans and inventories, the requirements of Chapter 4 of Division 2 of Title 19 of the California Code of Regulations, and any requirements of Section 121 of this code.

The requirements of Article 2 (commencing with Section 25531) of the Health and Safety Code, Division 20, Chapter 6.95, concerning hazardous materials management and the requirements of Chapter 4.5 of Division 2 of Title 19 of the California Code of Regulations.

(Amended by Ord. No. 188,414, Eff. 11/8/24.)

The following terms are defined in Chapter 2:

Above Ground Storage Tanks Spill Prevention, Control, and Countermeasure (SPCC) Plan Authorization Business California Accidental Release Prevention Program (CalARP) California Environmental Reporting System (CERS) Certified Unified Program Agency or CUPA Hazardous Materials Release Response Plan (HMRRP) and Inventory Program Hazardous Waste Generators and Hazardous Waste Onsite Treatment Programs Participating Agency or PA Recyclable Material Recycled Material Recycling Underground Storage Tank (UST) Program Unified Program Facility Unified Program Facility Permit Uniform Fire Code Hazardous Materials Management Plan (HMMP)

No person shall operate or maintain a new or existing Unified Program Facility without having obtained an annually renewable Unified Program Facility Permit with the appropriate authorization for each applicable Unified Program element pursuant to this chapter, or other authorized permit.

Application for permits shall comply with Sections 57.120.4.1 and 57.120.4.2.

(Amended by Ord. No. 188,414, Eff. 11/8/24.)

All applications for a unified program facility permit shall be filed with the Department using the California Environmental Reporting System. At the time an application for a permit is filed the application shall be reviewed for completeness for the purposes of this chapter. The Department shall collect established fees pursuant to this chapter.

(Amended by Ord. No. 188,414, Eff. 11/8/24.)

An application for permit required by this section shall, unless otherwise required by the Department, consist of a complete business plan submission through the California Environmental Reporting System.

(Amended by Ord. No. 188,414, Eff. 11/8/24.)

Permits shall conform with Sections 57.120.5.1 through 57.120.5.5.

Investigation and procedures for granting and power to deny shall comply with Sections 57.120.5.1 and 57.120.5.2.

Investigation and procedure for granting permits shall be as follows:

1. The Fire Marshal shall investigate application for a permit, and such investigation shall be made by authorized members of the Fire Department.

2. The Fire Marshal may require such additional information as may be necessary to carry out the investigation of the application for a permit.

3. If, after investigation and consideration of any application, and any plans or specifications required in connection therewith, the Chief determines that the proposed business, operation, occupation or premises
will not create any undue hazard as a result of fire or panic, and the applicant follows all applicable Unified Program elements, the Chief shall approve the application.

4. The Chief’s approval of the application may be made subject to terms and conditions necessary for the safeguarding of life and property from the hazards of fire, explosion or panic.

5. On approval of the application by the Chief and the payment of the required fee the Fire Department shall issue the permit.

The Chief, in the Chief’s discretion, is hereby empowered to deny or withhold approval of a permit for which an application has been made if the building, premises, equipment, apparatus, or the facilities for the establishing, maintaining, conducting or operating the business, operation, occupation, or premises for which the permit is requested is or are insufficient or are unfit or incapable of being used, maintained, established, or operated to comply with this article or other applicable laws and the Rules and Regulations of the Fire Department.

(Repealed by Ord. No. 188,414, Eff. 11/8/24.)

Each permit issued pursuant to the provisions of this section shall be posted in a conspicuous place on the premises for which the same is issued.

(Title and Section Amended by Ord. No. 188,414, Eff. 11/8/24.)

No permit shall be transferable.

(Amended by Ord. No. 188,414, Eff. 11/8/24.)

Any change of location for a business, operation, or occupation shall require filing of a new application and payment of the applicable fee(s) set forth in Sections 57.120.6 through 57.120.6.4.6.

Unless otherwise set forth on the face of the permit, every permit issued in accordance with the provisions of this section shall be valid until expired, voided, revoked, or suspended.

(Amended by Ord. No. 188,414, Eff. 11/8/24.)

Any business subject to the provisions of this section, or any chapter of this code related to the inspection, enforcement, or administration of a Unified Program element, shall pay a fee upon receipt of an associated invoice, and annually thereafter, for the issuance of the Unified Program Facility Permit. The fee shall be computed pursuant to the schedule set forth in this section, to recover the costs to the City for the inspection, enforcement, and for the administration of those provisions by the City of Los Angeles Fire Department, and any other charges required by law.

The fees amended by the Board pursuant to this section shall be imposed upon each Unified Program Facility which is subject to the State and local provisions referred to hereinabove, according to the most current records of the Fire Department.

The procedure to establish and amend the Schedule of Fees shall comply with Sections 57.120.6.2.1 through 57.120.6.2.2.

The Board of Fire Commissioners, with the concurrence of the City Administrative Officer, shall determine on a regular basis the verifiable costs to the City for the inspection and enforcement activities, and the administration of the Unified Program elements, associated with the businesses plus the applicable State service charges. The Board shall use said costs to develop or to amend a Schedule of Fees, hereinafter referred to as “Schedule,” so as to recover City costs in connection with the administration of this section and any other section of this Code for inspection and enforcement activities, and the administration of the Unified Program or any of the elements, associated with the businesses, and to collect any State mandated fees. Said Schedule shall be no higher than necessary to recover such costs. The Board may amend the Schedule based upon changes in City costs at any time during the fiscal year.

Upon adoption of the Schedule, or any amendment thereto, the Board of Fire Commissioners shall transmit the Board order to the Mayor and the City Council for consideration. The review and approval or disapproval of the Schedule or any amendment thereto shall be accomplished in the same manner as the review and approval of fees by Mayor and Council under the provisions of Los Angeles Municipal Code Section 57.106.6.3, provided, however, that approval shall require a majority vote of the City Council and such Schedule or any amendment thereto shall not be deemed approved by the passage of 60 days from the date of delivery to the Council without disapproval thereof, and provided further that such Schedule or any amendment thereto shall be deemed disapproved if disapproved in writing by the Mayor within 60 days from date of delivery and prior to any vote of approval by the Council.

The failure to pay any fee as required by this section shall cause that fee to become delinquent and an additional sum equal to 50% of the fee so required shall be imposed for such delinquency and become a part of the fee required, provided however that the Fire Department, with the approval of the City Attorney, shall waive any or all of said 50% to the extent such exceeds any extra costs caused by said delinquency. The City Attorney may approve waiver of penalty for good cause, based upon information supplied by the business and by the Fire Department. Good cause shall include any adequately documented circumstance of extreme financial hardship arising from the requirement that the 50% penalty be paid. Minor discrepancies in payments, charges for duplicates of permits, and refunds of fees paid shall be administered for purposes of this section in the same manner as provided for permits under Sections 57.106.6.7, 57.106.6.10 and 57.106.6.11.

The fees charged to recover City costs in connection with the inspection and enforcement activities, and the administration of the provisions of this section associated with the businesses, shall be computed as established in Sections 57.120.6.4.1 through 57.120.6.4.5.

(Title and Section Amended by Ord. No. 188,414, Eff. 11/8/24.)

The fees for the Hazardous Waste Generators, Hazardous Waste Onsite Treatment Activities, and Hazardous Waste Recycling program element will be established by the Certified Unified Program Agency (CUPA) having jurisdiction. If a Participating Agency (PA) agreement is in place with the CUPA, fees will be established by the PA. If the City of Los Angeles contracts these activities to a PA an additional administrative charge may be applied by the Department for oversight activities related to this program element.

In addition to the establishment of an annual permit fee for each underground storage tank and the administration of Chapter 50, an hourly rate shall be established for the plan check and inspection activities associated with the installation, modification, abandonment, and site mitigation of underground storage tanks and facilities.

The fees charged to recover City costs in connection with the administration of the Hazardous Materials Release Response and Inventory Program, and the provisions of Section 57.120 shall be computed based on verifiable costs to the City and specified in the “Schedule” amended under Section 57.120.6.2.

(Repealed by Ord. No. 188,414, Eff. 11/8/24.)

(Repealed by Ord. No. 188,414, Eff. 11/8/24.)

The fees charged to recover City costs in connection with the administration of the California Accidental Release Prevention Program shall include an annual administrative fee, a risk factor fee, and an hourly inspection and review fee to be charged as the service is provided.

In addition to the establishment of an annual permit fee for each above ground storage tank and the administration of Chapter 50 and other applicable sections of this Code commencing with Section 57.120.7, an hourly rate shall be established for the plan check and inspection activities associated with the installation, modification, abandonment and site mitigation of above ground storage tanks and facilities.

Additional State service charges for individual program elements as established by the Secretary of the California Environmental Protection Agency shall be collected from Unified Program Facilities and forwarded to the State.

(Amended by Ord. No. 188,414, Eff. 11/8/24.)

Pursuant to Chapter 6.11, and Chapter 6.7, Section 25299.1, of the California Health and Safety Code (HSC), the City of Los Angeles assumes enforcement responsibility for the implementation of Title 23, Division 3, Chapter 16 of the California Code of Regulations (CCR) and Chapter 6.7 of the HSC. Chapter 16 CCR and 6.7 HSC relate to the underground storage of hazardous materials.

Pursuant to Chapter 6.7, Section 25299.2 of the HSC, the Los Angeles Fire Department exercises its right to adopt and enforce underground tank regulations, requirements, or standards of performance that are more stringent than regulations requirements, or standards of performance in effect under Chapter 6.7 with respect to underground storage tanks, if the regulation, requirement, or standard of performance is consistent with Chapter 6.7 HSC.

EXCEPTION: The provisions of these sections shall not include structures such as clarifiers, sumps, separators, storm drains, catch basins, oil field gathering lines, refinery pipelines, intrastate pipelines, lagoons, evaporation ponds, well cellars, separation sumps, lined or unlined pits, above-ground storage tank spill containment areas, or final interceptors in industrial waste pretreatment systems.