The following definitions govern the construction of this chapter:
A. "Act" means the California Unified Hazardous Waste and Hazardous Materials Management Regulatory Program Act, Chapter 6.11, Division 20, California Health and Safety Code ("H&SC"), commencing with section 25404.
B. "Business" means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association. "Business" includes a business organized for profit and a non-profit business. "Business" also includes every government agency.
C. "Business concern" means any sole proprietorship, corporation, association, firm, partnership, trust, or other form of commercial or non-commercial organization.
D. "California Environmental Protection Agency" or "Cal-EPA" means the California Environmental Protection Agency for the state of California.
E. "Certified Unified Program Agency" or "CUPA" means the agency certified by the Secretary to implement the unified program specified in this chapter within a jurisdiction.
F. "Chief" means the division chief of the health hazardous materials division of the forester and fire warden or his/her duly authorized representative.
G. "Expired permit" means a Unified Program Facility Permit for which payment of the renewal fees and applicable penalties has not been made on or before the delinquency date of the invoice as defined in Section 12.50.055 of the County Code.
H. "Fire chief" means the chief of the Consolidated Fire Protection District of Los Angeles County.
I. "Forester and fire warden" means the Consolidated Fire Protection District of Los Angeles County and the forester and fire warden of the county of Los Angeles, (collectively known as the "Los Angeles County Fire Department"), or any representative of the forester and fire warden duly authorized to carry out the provisions of this chapter.
J. "Implementation plan" means the implementation plan of the Los Angeles County Certified Unified Program Agency ("LACoCUPA") as approved by the Secretary to implement the provisions of the Act within the jurisdiction of the LACoCUPA.
K. "LACoCUPA" means the forester and fire warden as the designated agency certified by the Secretary to implement the unified program specified in this chapter within the county of Los Angeles.
L. "Participating agency" or "PA" means an agency which has a written agreement with the CUPA pursuant to subsection 25404.3(d) of the H&SC, and is approved by the Secretary to implement and enforce one or more of the unified program elements specified in subsection 25404(c) of the H&SC in accordance with the provisions of sections 25404.1 and 25404.2 of the H&SC.
M. "Permittee" means any person who is issued a unified program facility permit.
N. "Person" shall have the meaning set forth in section 25118 of the H&SC and means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, and corporation, including, but not limited to, a government corporation. "Person" also includes any city, county, district, commission, state, or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law.
O. "Program elements" means the six unified program elements specified in subsection 25404(c) of the H&SC, the administration of which are being consolidated under the unified program. "Program element" refers to any of the program elements.
P. "Secretary" means the Secretary of the California Environmental Protection Agency.
Q. "Unified program facility" or "facility" means all contiguous land and structures, other appurtenances, and improvements on the land which are subject to the requirements listed in subsection 25404(c) of the H&SC.
R. "Unified program facility permit" or "permit" means a consolidated permit issued pursuant to this chapter. For the purposes of this chapter, a unified program facility permit encompasses the permits issued pursuant to: section 25284 of the California Health and Safety Code and Division 4 of Title 11 of the County Code relating to the underground storage of hazardous materials; Chapter 12.52 of the County Code relating to the generation or handling of hazardous waste or extremely hazardous waste; Chapter 12.64 of the County Code relating to handling of hazardous materials or acutely hazardous materials; Chapter 12.70 of the County Code relating to the aboveground storage of petroleum; and those city codes or resolutions related to the unified program elements administered by those cities as participating agencies to the LACoCUPA. (Ord. 2010-0044 § 1, 2010; Ord. 2008-0050 § 1, 2008; Ord. 2007-0063 § 1, 2007: Ord. 97-0037 § 1 (part), 1997.)

The purpose of this chapter is to implement the provisions of the Act within the jurisdiction of the Los Angeles County Certified Program Agency, as certified by the Secretary, and including implementation of the single fee system specified in Section 25404.5 of the H&SC. (Ord. 97-0037 § 1 (part), 1997.)

The provisions of this chapter shall apply for all program elements in all unincorporated and incorporated areas of the county under the jurisdiction of the LACoCUPA. In jurisdictions of the county where the county is a PA to another CUPA, the provisions of this chapter shall apply only for those program elements for which the county is the PA to that CUPA. (Ord. 97-0037 § 1 (part), 1997.)

The forester and fire warden is hereby authorized as the local public officer designated by the Secretary as the CUPA to implement and administer all of the standards and provisions of the Act and all related statutes and regulations in the unincorporated areas and certain incorporated areas of the county of Los Angeles, including but not limited to all of the laws and regulations pertaining to unified program elements consolidated under the Act. (Ord. 97-0037 § 1 (part), 1997.)

The provisions of this chapter apply to the following unified program elements which have been consolidated under the Act:
A. Hazardous Waste Generator Program set forth in Chapter 6.5 of Division 20, commencing with Section 25100 of the H&SC and in accordance with the requirements of the implementation plan. These requirements are applicable to hazardous waste generators, hazardous waste generators conducting treatment conditionally authorized pursuant to H&SC Section 25200.3, hazardous waste generators conducting treatment conditionally exempted pursuant to H&SC Section 25201.5 and facilities deemed to hold a permit-by-rule pursuant to the regulations adopted by the Department of Toxic Substances Control (DTSC) of Cal-EPA. As part of the comprehensive services provided by the LACoCUPA under the Hazardous Waste Generator Program, the LACoCUPA shall continue to provide programs in site mitigation, criminal investigation and emergency response within the jurisdiction of the LACoCUPA and within other CUPA jurisdictions where the county is the PA to a CUPA for the Hazardous Waste Generator Program;
B. Aboveground Petroleum Storage Program set forth in Chapter 6.67 of Division 20 of the California Health and Safety Code and in accordance with the requirements of the implementation plan;
C. Underground Storage Tank Program set forth in Chapter 6.7 of Division 20 of the H&SC, excluding Section 25297.1, and the requirements of the implementation plan. The Los Angeles County Department of Public Works, as a PA to the LACoCUPA, shall be the administering agency for implementation of all underground storage tank inspections and all tank opening and closure reviews for those jurisdictions of the LACoCUPA where a city, as a PA to the LACoCUPA, is not the administering agency for this program element. The LACoCUPA shall be responsible for annual billings and permit issuance for all underground storage tank facilities;
D. Hazardous Materials Release Response Plan and Inventory Program set forth in Article 1 of Chapter 6.95 of Division 20 of the H&SC and the requirements of the implementation plan;
E. Risk Management and Prevention Program set forth in Article 2 of Chapter 6.95 of Division 20 of the H&SC and in accordance with the requirements of the implementation plan;
F. Hazardous Materials Management Plan and Inventory Statement Program set forth in H&SC Section 13143.9 and Section 80.103(c), Part 9 of Title 24 California Code of Regulations and in accordance with the requirements of the implementation plan. (Ord. 2010-0044 § 2, 2010; Ord. 97-0037 § 1 (part), 1997.)

The LACoCUPA, in conjunction with the participating agencies to the LACoCUPA, shall implement a single fee system in accordance with the Act and related regulations, and the implementation plan. The LACoCUPA shall administer the fee collection system, consolidating the billing for all annual fees related to the unified Program Elements administered by the LACoCUPA, including those fees charged for the PAs and any state imposed service charge. (Ord. 97-0037 § 1 (part), 1997.)

A. The annual fees for the program elements administered by the LACoCUPA under the single fee system shall be established by the following chapters of the County Code:
1. The fees established in Title 12, Environmental Protection, Chapter 12.52, Hazardous Waste Control, of the Los Angeles County Code shall apply to the Hazardous Waste Generator Program as referenced in Section 12.50.030 A of this chapter.
2. The fees established in Title 11, Health and Safety, Division 4, Chapters 11.70--11.88, Underground Storage of Hazardous Materials, of the Los Angeles County Code shall apply to the Underground Storage Tank Program referenced in Section 12.50.030 C of this chapter.
3. The fees established in Title 12, Environmental Protection, Chapter 12.64, Hazardous Materials Disclosure and Risk Management, of the Los Angeles County Code shall apply to the Hazardous Materials Release Response Plan and Inventory Program and the Risk Management and Prevention Program referenced in Section 12.50.030 D and E of this chapter.
4. The fees established in Title 12, Environmental Protection, Chapter 12.70, Aboveground Petroleum Storage, of the Los Angeles County Code shall apply to the Aboveground Petroleum Storage Program as referenced in Section 12.50.030 B of this chapter.
B. The county shall adopt by resolution the city fees for program elements administered by PAs to the LACoCUPA and the LACoCUPA shall incorporate those fees into the single fee system administered by the LACoCUPA. (Ord. 2010-0044 § 3, 2010; Ord. 2008-0050 § 2, 2008; Ord. 97-0037 § 1 (part), 1997.)

Any state imposed service charge applied by Cal-EPA as determined by the Secretary to recover the costs of the state in administering the Act shall be listed as a separate item on each billing statement issued to unified program facilities by the LACoCUPA. Any such state imposed service charges shall be collected by the LACoCUPA and transmitted to the state in accordance with the Act and related regulations. (Ord. 97-0037 § 1 (part), 1997.)

“Delinquency date” means the 61st day after the date of the invoice issued by the LACoCUPA for any of the annual fees assessed pursuant to this chapter. Invoice means any bill issued by the LACoCUPA for the fees assessed under this chapter. (Ord. 2008-0050 § 3, 2008: Ord. 97-0037 § 1 (part), 1997.)

If any fee required to be paid pursuant to Sections 12.50.040, 12.50.050, and 12.50.075 of this chapter is not paid in full prior to the delinquency date as defined in Section 12.50.055 of this chapter, in addition to such fee(s), the facility or permittee shall pay a late payment penalty equal to 40 percent of the total assessed fee(s). If payment is made by mail, the date of payment is the date payment is received. (Ord. 2010-0044 § 4, 2010; Ord. 2008-0050 § 4, 2008: Ord. 2005-0054 § 1, 2005: Ord. 97-0037 § 1 (part), 1997.)

If the fee(s) and any late payment penalty imposed pursuant to Sections 12.50.040, 12.50.050, 12.50.060, and 12.50.075 of this chapter are not paid within 30 days after the delinquency date, a certificate of lien may be recorded against the permittee or person liable for payment of such fee(s) and any late payment penalty as authorized by section 101345 of the California Health and Safety Code. (Ord. 2008-0050 § 5, 2008: Ord. 97-0037 § 1 (part), 1997.)

Every person, business, or business concern within the jurisdiction of the LACoCUPA and subject to the requirements of one or more of the program elements shall be required to pay the applicable annual fees and any applicable late payment penalty and apply for and obtain from the LACoCUPA a unified program facility permit for the program elements applicable to such facility prior to the commencement of any business or activity related to any of the program elements. Upon receipt of full payment from a unified program facility for all the annual fees, including previous unpaid annual fees, any late payment penalties and the state imposed service charge, assessed pursuant to this chapter and provided all of the applicable regulatory requirements for the permit have been met, the LACoCUPA shall issue a consolidated unified program facility permit to the unified program facility. Each such permit shall be renewable annually as provided for in this chapter. The permit required under this section shall be posted and conspicuously displayed at the location falling under the requirements of this chapter. Failure to pay the annual fee, late payment penalty, or state imposed service charge is a violation of this chapter and may subject the violator to collection action pursuant to Section 12.50.160 of this code. (Ord. 2008-0050 § 7, 2008: Ord. 2005-0054 § 2, 2005: Ord. 97-0037 § 1 (part), 1997.)

A. Every person, business, or business concern subject to the requirements of one or more of the program elements and not already possessing a unified program facility permit for the program element(s) shall immediately file an application with the chief, upon a form to be provided by the chief, and pay the required fee(s) assessed pursuant to this chapter, including any state imposed service charges.
B. Every application required by the provisions of this chapter shall be written in a clear and legible manner.
C. Every person preparing any application required by the provisions of this chapter shall sign his true name and give the true name and current address of the applicant and shall attest to the truth and accuracy of the information provided.
D. No person shall make any false statement or representation in any application, record, permit, or other document filed or used for the purposes of compliance with this chapter.
E. If an application for a permit is withdrawn before it has been completely processed by the chief, and the applicant has not engaged in any activity for which the permit is required, the chief shall refund to the applicant 50 percent of the annual fee. No refunds shall be made when the application has been completely processed. (Ord. 2008-0050 § 8, 2008; Ord. 2005-0054 § 3, 2005: Ord. 97-0037 § 1 (part), 1997.)

Unified program facility permits required by this chapter shall be issued for each billing year. A valid permit shall be renewable from year to year upon payment, on or before the delinquency date, as defined in Section 12.50.055 of this chapter, contained in the invoice for each such year, of the fees assessed pursuant to Sections 12.50.040 and 12.50.050 of this chapter, or upon payment of such fees and any late payment penalty imposed pursuant to Section 12.50.060 of this chapter, provided the facility is in compliance with all conditions and limitations of such permit. Unified program facility permits shall be deemed to have expired if payment of the annual fees and applicable penalties has not been made on or before the delinquency date of the invoice, as defined in Section 12.50.055 of this chapter. (Ord. 2008-0050 § 9, 2008: Ord. 2007-0063 § 2, 2007: Ord. 2005-0054 § 4, 2005: Ord. 97-0037 § 1 (part), 1997.)

A unified program facility permit may be issued pursuant to this chapter to a person, business or business concern operating under a fictitious name who has complied with all of the provisions of Section 17900 et seq. of the California Business and Professional Code or any successor statute taking the place of such code sections. Otherwise, all such permits shall be issued in the true name of the person, business or business concern applying therefor. Except as provided above, no business so permitted may operate under a fictitious name. (Ord. 97-0037 § 1 (part), 1997.)

Where a unified program facility permit has been lost, the chief shall issue a duplicate permit to the owner thereof upon submittal of a complete application pursuant to Section 12.50.080 and, in addition to any other requirements in this chapter, upon payment of all required and past due fees and penalties, and payment of a $15.00 permit reissuance fee. (Ord. 2008-0050 § 10, 2008: Ord. 97-0037 § 1 (part), 1997.)

The unified program facility permit shall identify the effective date and term, the program elements for which issued, the specific conditions where applicable to program elements for which the permit is issued, the address where the program elements are located, and the person, business, or business concern to whom the permit is issued. The permit shall be valid only for the program elements at the identified locations for the identified persons, business, or business concern. If a person, business, or business concern changes activities such that program elements no longer apply at the unified program facility or new program elements or activities apply to the facility, the person, business or business concern shall notify the LACoCUPA in writing within 30 days of the change and the program elements or activities that have been added, deleted or modified. No refunds of the fees or late payment penalties assessed under the provisions of this chapter will be issued to a person, business or business concern which ceases operations or activities for which those fees have been assessed during the term of a permit or course of the billing year. (Ord. 2008-0050 § 11, 2008: Ord. 97-0037 § 1 (part), 1997.)

If the chief makes a preliminary determination that a person, business, or business concern to whom a unified program facility permit has been issued may not be conducting the permitted activities in accordance with applicable statutes, regulations, or minimum standards such that permit suspension or revocation may be required or has failed to timely pay the required fees, the chief shall so notify such person, business, or business concern. The written notice shall briefly describe the violation and specify a time and place of a hearing at which such person, business, or business concern will be afforded an opportunity to present evidence showing there has been no such violation or that the violation has been corrected. The notice shall state that failure to appear and present such evidence may result in suspension or revocation of the permit. (Ord. 2008-0050 § 12, 2008: Ord. 2007-0063 § 3, 2007: Ord. 2005-0054 § 5, 2005: Ord. 97-0037 § 1 (part), 1997.)

A. A unified program facility permit with respect to which notice has been given pursuant to Section 12.50.105 of this chapter is subject to suspension or revocation as follows:
1. The chief shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by the rules of evidence applicable to courts of law. The person, business or business concern to whom the permit was issued, shall have the right to present relevant evidence at the hearing. LACoCUPA and/or PA staff may, but need not, present relevant evidence. Before the conclusion of the hearing, the chief may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within a reasonable period of time thereafter, the chief shall determine, based upon the evidence presented at the hearing, whether the suspected violation identified in the notice has occurred. The determination of the chief shall be final and conclusive. Such determination shall be in writing and contain a brief statement of the findings of fact upon which the determination is based. If the determination is that the suspected violation identified in the notice has occurred, the chief shall suspend or revoke the permit. The chief shall, however, have the discretion not to suspend or revoke the permit if the chief determines that the violation was not wilful, is not ongoing, and is not likely to recur.
Any activities related to the program elements for which a unified program facility permit has been suspended or revoked, shall be discontinued immediately and shall not be restarted until the suspended permit has been reinstated or the revoked permit reissued.
A suspended permit may be reinstated or a revoked permit reissued if the chief determines that conditions which prompted the suspension or revocation no longer exist.
2. The chief may suspend a permit prior to the hearing when the chief determines that such action is necessary to protect the public health and safety, domestic livestock, or wildlife from clear and imminent danger. The chief shall notify the person, business or business concern to whom the permit was issued of such suspension or the lifting of any suspension and the reasons for such action. Unless lifted prior to the hearing, the suspension may remain in effect until the chief makes a final determination based upon the hearing.
Any activities related to program elements for which the permit has been suspended, shall be discontinued immediately and shall not be restarted until the suspension of the permit has been lifted or a new permit has been issued for such activities.
B. This section shall not deprive the chief, the LACoCUPA, the county or the state of authority to pursue any other action or remedy otherwise available to them under the law. (Ord. 97-0037 § 1 (part), 1997.)

No person, business, or business concern shall engage in, conduct, manage, or carry on any business or other activity for which a unified program facility permit is required under this chapter if:
A. They have not obtained a unified program facility permit for such business or activity pursuant to the provisions of this chapter and paid the required fees and penalties; or
B. The permit has expired or has been suspended or revoked. (Ord. 2008-0050 § 13, 2008: Ord. 2005-0054 § 6, 2005.)

Any person who violates the requirements of Sections 12.50.075, 12.50.100, or 12.50.112 of this chapter, shall be guilty of a misdemeanor, punishable by fine not to exceed $1,000.00, or by imprisonment in the County Jail for a period not exceeding six months, or both, pursuant to Section 1.24.020.A of the County Code.
The provisions of this section are in addition to and independent of any other sanctions, penalties, or liabilities which are or may be imposed under this chapter, state laws, and regulations applicable to the program elements which apply to the facility, other chapters of the County Code related to program elements applicable to the person, business, or business concern, or any other provisions of the Act. (Ord. 2007-0063 § 4, 2007: Ord. 2005-0054 § 7, 2005: Ord. 97-0037 § 1 (part), 1997.)

Any person violating Section 12.50.075, 12.50.100, or 12.50.112 of this chapter, may be enjoined from such violation by any court of competent jurisdiction. The remedy provided by this section is additional to and cumulative with any other remedy provided by law. (Ord. 2007-0063 § 5, 2007: Ord. 97-0037 § 1 (part), 1997.)

Any person who violates any injunction issued pursuant to Section 12.50.120 shall be liable for a civil penalty payable to the forester and fire warden not to exceed $1,000.00 for each day of violation of any such injunction. (Ord. 2005-0054 § 8, 2005: Ord. 97-0037 § 1 (part), 1997.)

A. The annual fees related to program elements administered by the LACoCUPA may be adjusted annually to reflect changes in program costs in accordance with the procedures detailed in the relevant chapters of the county code as specified in Section 12.50.040 of this chapter dealing with those individual program elements.
B. The fire chief may administratively accept no more than once per year rate changes to reflect changes in program costs for those city fees adopted by the county for program elements implemented and enforced by the cities as participating agencies to the LACoCUPA pursuant to the provisions of this chapter and the PA agreements with the individual cities. (Ord. 97-0037 § 1 (part), 1997.)

In the event a discrepancy exists between the amount of the fee paid and the amount of the fee due, resulting in an underpayment or an overpayment of the fee in the amount of $5.00, or less, the chief may accept and record such underpayment or overpayment without other notification to the permittee or permit applicant. (Ord. 97-0037 § 1 (part), 1997.)

Should a unified program facility dispute the amount or applicability of any fee, charge or late payment penalty charged for any program element, the facility shall:
A. First pay the assessed fee before the payment becomes late to avoid additional penalties.
B. If applicable, request, within 60 days of the date of the first invoice requesting payment, an inspection by the agency responsible for the program element(s) under question to verify conditions or status of the facility. The agency responsible for the program element under question will inspect the facility within a reasonable period of time to determine if any fee status change is indicated.
C. If the fee status change involves program elements being implemented by PAs to the LACoCUPA, any fee adjustment or refund will be made in accordance with the fee dispute resolution procedures found in the agreement with the PA city.
D. Submit to the chief within 60 days of the date of the first invoice requesting payment, a written request for refund or adjustment of the fee or penalty, including copies of any documentation to justify the claim for refund or adjustment.
E. If the application for refund or adjustment is denied, the applicant may within 60 days of the denial, apply to the chief in writing for an appeal hearing. The chief shall set a date for an appeal hearing before an appeal board not later than 90 days after the date of the application. Notice of the time and place of the hearing shall be mailed to the person applying not later than 15 days before the date set for the hearing. The chief may request said person to produce specific records at such hearing and the notice may designate records required to be produced.
F. The appeal board shall be chaired by the chief or his/her designee. The appeal board shall be composed of representatives from the LACoCUPA, the financial management division of the forester and fire warden, and, if applicable, the PA implementing the program element(s) involved. The hearing shall be informal and shall not be governed by the rules of evidence applicable to courts of law. The appellant shall have the right to present relevant evidence at the hearing. Representatives of the LACoCUPA and, where applicable, the PA implementing the program element(s) involved, may, but need not, present relevant evidence. Before the conclusion of the hearing, the chief may but need not, permit other persons to present relevant evidence. The chief may continue the hearing at his/her discretion for the purpose of allowing the presentation of additional evidence.
G. At the conclusion of the hearing, or within a reasonable time thereafter, the appeal board shall determine, based upon the evidence presented at the hearing, whether to deny the request for refund or adjustment, to make the refund or adjustment as requested, or to make some adjustment to a lesser fee other than that specifically requested. Written notice of the decision of the appeal board shall be given the appellant within 20 days of the conclusion of the hearing. (Ord. 2008-0050 § 14, 2008; Ord. 97-0037 § 1 (part), 1997.)

All payments made pursuant to this chapter shall be collected and accounted for in accordance with the requirements of the county treasurer-tax collector and the county auditor-controller. (Ord. 97-0037 § 1 (part), 1997.)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby. (Ord. 97-0037 § 1 (part), 1997.)

The county treasurer tax collector may undertake all necessary collection activities, including but not limited to bringing suit against any person, permittee, business, or business concern, to recover any fee or late payment penalty assessed pursuant to this chapter. (Ord. 2008-0050 § 16, 2008: Ord. 2005-0054 § 10, 2005.)