Los Angeles Municipal Code § 57.121 Disclosure of Hazardous Substances

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

The following terms are defined in Chapter 2:

Act – Chapter 6.95, Article 1 Business Plan Certification Statement Common Name Extremely Hazardous Substance (EHS) Handle Handler Owner of Business On-Site Manager Property Owner Release SIC Code

Standard Temperature and Pressure Threatened Release Trade Secret

It shall be the duty of each on-site manager and the owner of a business, as well as the property owner, to assure compliance with the provisions set forth in Sections 57.121.1 through 57.121.9.

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

Each business that handles a hazardous material or a mixture containing a hazardous material in the City which has a quantity at any one time during the reporting year equal to, or greater than, a total weight of 500 pounds, (227 kg) or a total volume of 55 gallons (208 L), or 200 cubic feet (5.66 m 3 ) at standard temperature and pressure for a compressed gas; or exceeds the applicable federal threshold planning quantity for an extremely hazardous substance specified in Title 40, Code of Federal Regulations, Part 355, Appendix A; or exceeds the permit amounts for hazardous materials in Table 57.121.2.1, shall file an application for a Unified Program Facility Permit through the California Environmental Reporting System with the proper authorization listed for the Hazardous Materials Release Response Plan and inventory program element, and shall renew the permit annually by completing a business plan submission and payment of the annual permit fee. Application for the Unified Program facility permit with the Hazardous Materials Release Response Plan authorization shall be filed on the first day the business starts handling such substance.

TABLE 57.121.2.1

HAZARDOUS MATERIALS CLASSIFICATION AND PERMIT AMOUNTS (Amended by Ord. No. 188,414, Eff. 11/8/24.)

Hazardous Materials Categories CUPA Permit Amount Hazardous Materials Categories CUPA Permit Amount 1. Explosives and Blasting Agents: i. High Explosives Any amount ii. Low Explosives iii. Blasting Agents 2. Compressed Gases i. Flammable ii. Oxidizing iii. Corrosive iv. Highly Toxic (*1) v. Toxic vi. Inert (Chemically Unreactive) vii. Pyrophoric viii. Unstable (Reactive) 3. Flammable and Combustible Liquids i. Flammable Liquids Class I-A, Class I-B, Class I-C (*1) ii. Combustible Liquids Class II, Class III-A, Class III- B 4. Flammable Solids i. Organic solids ii. Inorganic solids 100 Pounds iii. Combustible metals (except dusts and powders) iv. Combustibles dusts and powders (including metals) 5. Oxidizers i. Liquids (Gal) Any Amount ii. Solids (Lbs) 1 Gallon/10 Pounds Class 4 10 Gallons/100 Pounds Class 3 PHYSICAL Class 2 55 Gallons/500 Pounds Class 1 HAZARDS 6. Organic Peroxides i. Liquids (Gal) ii. Pastes Any Amount iii. Solids (Lbs) Any Amount Unclassified Any Amount Class I 1 Gallon/10 Pounds Class II 2 Gallons/20 Pounds Class III 55 Gallons/500 Pounds Class IV Class V 7. Pyrophoric Materials: (*1) i. Liquids, ii. Solids 8. Unstable (Reactive) Liquids (Gal); Solids (Lbs) Any i. Class 4 Any ii. Class 3 10 Gallons/100 Pounds iii. Class 2 55 Gallons/500 Pounds iv. Class 1 9. Water-reactive Liquids (Gal); Solids (Lbs) Any i. Class 3 10 Gallons/100 Pounds ii. Class 2 55 Gallons/500 Pounds iii. Class 1 10. Cryogenic Fluids i. Flammable ii. Oxidizing (*1) iii. Corrosive iv. Inert v. Highly toxic 1. Highly Toxic and Toxic Materials i. Highly Toxic Liquids (Gal), Solids (Lbs) (*1) ii. Toxic Liquids (Gal), Solids (Lbs) 2. Radioactive Materials (*1) i. Common Radiation Source Materials ii. Fissile Materials Any Amount HEALTH 3. Corrosive Liquids (Gal); Solids (Lbs) i. Acids (*1) HAZARDS ii. Bases (Alkalis) iii. Other Corrosives 4. Other Health Hazards Liquids (Gal); Solids (Lbs) i. Carcinogens or Suspect Carcinogens ii. Target Organ Toxins (*1) iii. Irritants iv. Sensitizers

*1: Quantities equal to, or exceeding thresholds stated in Section 25507 of Chapter 6.95 of the California Health and Safety Code shall be reported. Retail exemption stated in California Health and Safety Code section 25507 is not applicable for anything referenced in this Table 57.121.2.1.

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

A Unified Program Facility Permit shall be valid only for the business designated on the permit by the City. A separate permit shall be required for each business location having a separate street address.

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

The issuance of a Unified Program Facility Permit with the Hazardous Materials Release Response Plan authorization required by this chapter does not authorize or permit the handling of hazardous substances, nor does it except or exempt the holder from compliance with, or affect in any way the applicability of, any other Federal, State, or local law, rule, or regulation governing hazardous substances.

In addition to the requirements of Section 57.120.4, each business shall prepare and submit a business plan as required by Section 57.121 or the Act.

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

Business plan shall include, but not be limited to, business activities information, facility owner or operator information, hazardous materials inventory, annotated site map(s), emergency response plan, and employee training plan as required by the California Environmental Reporting System.

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

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

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

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

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

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

Initial submission of the business plan through the California Environmental Reporting System shall be at the time the business begins handling hazardous substances in quantities equal to or greater than the reportable quantities outlined in Section 57.121.2.1 or within 30 days of notification by the Fire Department.

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

When it is determined by the Department that a business is subject to requirements of this section or the provisions of the Act, the business shall be notified by the Department. Upon notification, the business shall submit a complete business plan and any other documentation required under the Act through the California Environmental Reporting System (CERS) for review and approval by the Department. The handler shall review the business plan annually, and shall certify to the Department that the review was made and that any necessary changes were made to the plan. Whenever an event outlined in California Health and Safety Code Section 25508.1 occurs, the handler shall update the information in CERS within 30 days of the event.

Compliance Required By Due Date. Each business that is required to submit a hazardous materials business plan in accordance with Section 57.121, et seq., and Chapter 6.95, Article 1 of the California Health and Safety Code shall submit its business plan by the due date established by the Fire Department.

Late Submission Penalty and Amount. A business that fails to submit a business plan in accordance with this section by the established due date shall be assessed a late submission penalty of $500.

Delinquency Notice. A business that fails timely to submit a business plan in accordance with this section shall be notified by mail of its delinquency and the late submission penalty. The notification shall be sent to the address on file with the Fire Department. The business shall have 30 days from the delinquency notification to submit a business plan and remit payment of the late submission penalty.

Failure to Comply After Notice. A business that fails to submit a business plan and/or pay the late submission penalty within 30 days after notification may be subject to administrative, civil, and criminal penalties for failure to comply with the requirements of this Code and Chapter 6.95, Article 1 of the California Health and Safety Code.

Penalty Assessment Disputes and Appeals. If a business disputes the late submission penalty assessed under this section, the business shall pay the assessed penalty by the due date and request an appeal, in writing, to the Board or its designee upon forms provided by the Fire Department within 30 days after the Fire Department sent the delinquency notification.

The Board or its designee shall conduct a hearing to consider the appeal and shall determine, based on the evidence presented at the hearing, whether to deny the appeal and uphold the penalty assessed, or whether to grant the appeal and refund the late submission penalty. Written notice of the decision shall be given to the appellant following the conclusion of the hearing. The determination by the Board or its designee within 20 days

shall be final.

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

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

In the event of an emergency, or if a business refuses or fails to disclose all information required by Section 57.120.4 and Section 57.121.3, the Chief may conduct a special inspection at a business site to obtain information deemed necessary by the Chief with respect to the existence and handling of hazardous substances as permitted by law.

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

A nuisance exists when a business handles a hazardous substance that has not been disclosed through California Environmental Reporting System or as otherwise required by Section 57.121. If a business is not in compliance and a special inspection is needed to obtain information required by Section 57.121 concerning hazardous substances handled by the business, the City, after due notice, may conduct a special inspection and may thereafter recover the costs of the inspection, together with any administrative costs and the fee for issuance of a permit. All costs incurred pursuant to this section shall be a personal obligation against the owner of the business and the owner of the property, jointly and severally, and shall be recoverable by the City in an action before any court of competent jurisdiction. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in LAAC Sections 7.35.1 through 7.35.8.

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

At the discretion of the Chief, inspections may be conducted to determine compliance with this section and to cause to be corrected any information which is discovered to be either different from information in the business plan filed in the California Environmental Reporting System or inaccurate concerning the handling of hazardous substances at a business site.

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

Copies of the business plan shall be kept onsite, or an electronic copy shall be made available onsite upon request.

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

Information provided in an application for a Unified Program Facility Permit shall be deemed a public record subject to public inspection and copying pursuant to the California Public Records Act, Section 7920.000 et seq. of the California Government Code, and Division 12 of the Los Angeles Administrative Code, except where the information involved is a trade secret or is otherwise excepted under law from the requirement of public disclosure.