The following definitions govern the construction of this chapter:
A. “Act” means the California Hazardous Waste Control Act, Chapter 6.5, Division 20, California Health and Safety Code. “Act” also includes all other statutes and regulations under which the county forester and fire warden is authorized to act as the local public officer as described in Section 12.52.010 of the county code.
B. “Acutely hazardous material” or “AHM” means any chemical designated an extremely hazardous substance which is listed in Appendix A of Part 355 of Subchapter J of Chapter I of Title 40 of the Code of Federal Regulations.
C. “Business” means the conduct of activity and is not limited to a commercial or proprietary activity.
D. “Business activity” means any activity conducted by any person in furtherance of the business (regardless of whether such business is for profit) or employment at any location other than a residence.
E. “Business concern” means any sole proprietorship, corporation, association, firm, partnership, trust, or other form of commercial organization.
F. “Chief” means the division chief of the health hazardous materials division of the forester and fire warden. “Chief” also means any authorized representative of the forester and fire warden charged with the enforcement of the Act.
G. “Extremely hazardous waste” means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration, or chemical characteristics.
H. “Forester and fire warden” means the forester and fire warden of the county of Los Angeles and the Consolidated Fire Protection District of Los Angeles County.
I. “Handle” means to use, generate, process, produce, package, treat, store, emit, discharge, act as a transporter of, or dispose of a hazardous or acutely hazardous material in any fashion. “Handle” also includes the use or potential use of a quantity of hazardous or acutely hazardous material by the connection of any marine vessel, tank vehicle, tank car or container to a system or process for any of the above purposes or activities.
J. “Handler” means any business which handles a hazardous material or acutely hazardous material, except where all of the acutely hazardous materials present at the business are handled in accordance with a removal or remedial action taken pursuant to the Carpenter-Presley-Tanner Hazardous Substance Account Act (Chapter 6.8 (commencing with Section 25300) of the California Health and Safety Code).
K. “Hazardous material” means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. “Hazardous materials” include, but are not limited to, acutely hazardous materials, hazardous substances, hazardous waste, petroleum products, and any material which a handler or the administering agency has reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or environment.
L. “Hazardous substance” means any hazardous substance included in Section 25316 of the California Health and Safety Code or in Section 6382 of the California Labor Code.
M. “Hazardous waste” means a waste, or combination of wastes, as defined in Section 25117 of the California Health and Safety Code or a waste that is hazardous according to the criteria set forth in Chapter 10, Division 4.5, Title 22 of the California Code of Regulations.
Unless expressly provided otherwise, the term “hazardous waste” shall be understood to also include extremely hazardous waste.
N. “Mitigate” means actions by the forester and fire warden to monitor or model ambient levels of airborne hazardous substances for the purpose of determining or assisting in the determination of whether or not to evacuate areas where the incident originates on/or around the property where the incident originates, or to determine or assist in the determination of which areas on or around the property where the incident originates should be evacuated. “Mitigate” also means any actions taken to stop, contain or minimize the effects of a release of a hazardous material.
O. “Person” shall have the meaning as set forth in Section 25118 of the Act and means an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation, including, but not limited to, a government corporation. “Person” also includes any city, county, city and county, district, commission, the 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.
P. “Release” means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, unless permitted by a regulatory agency.
Q. “Threatened release” means a condition creating a substantial probability of harm, when the probability and potential extent of harm makes it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to person, property or the environment.
R. “Transportation incident site” means any highway, railway, waterway, or other property along with any land, water or atmospheric space immediately surrounding a transportation incident which involves the release or threatened release of a hazardous material from any vehicle or any portable tank, drum or container. (Ord. 96-0062 § 3 (part), 1996.)

The provisions of this chapter apply to all unincorporated and incorporated areas of the county within the jurisdiction of the Los Angeles County Certified Unified Program Agency, as defined in Section 12.50.010 of Chapter 12.50 of the county code, or within other jurisdictions of the county where the county is a participating agency, as defined in Section 12.50.010 of Chapter 12.50 of the county code, to another Certified Unified Program Agency, as defined in Section 12.50.010 of Chapter 12.50 of the county code, for the Hazardous Waste Generator Program, as defined in section 12.50.030 of Chapter 12.50 of the county code. (Ord. 97-0037 § 11, 1997: Ord. 96-0062 § 3 (part), 1996.)

A. Those costs of an emergency response incurred by the forester and fire warden, including costs of any deputy health officer, public officer and related personnel, necessary to protect the public from a threat to health and safety by actions to confine, prevent, or mitigate the release, escape, burning, or threatened release of a hazardous material, are a charge against any person whose intentional or negligent action causes the incident, if one or more of the following occurs:
1. A response is necessary to mitigate an emergency on any business property or transportation incident site to prevent loss of life or injury.
2. The incident results in the spread of hazardous materials or fire posing a real and imminent threat to health and safety of any person on or near the business property or any transportation incident site.
3. Evacuation beyond the business property or transportation incident site where the incident originates is necessary to prevent loss of life or injury due to a release or threatened release.
4. The incident results in the spread of hazardous materials or fire posing a real and imminent threat to public health and safety beyond the property lines of a business or the immediate surroundings of a transportation incident site.
5. The incident results in any threat to the environment.
B. Any person whose intentional or negligent action caused the incident, as specified in Section 12.56.020A, shall be assessed an administrative charge for the response and additional emergency response charges, based upon hourly personnel costs, as approved by the County Auditor-Controller, to recover the costs incurred by the Forester and Fire Warden to protect the public from threats to public health and safety and any actions to confine, prevent, or mitigate the release, escape, burning, or threatened release of a hazardous material. Beginning in fiscal year 2010-11, the administrative charge shall be $466.00 and the personnel hourly rates shall be $198.35.
C. 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. 2010-0044 § 7, 2010; Ord. 2007-0063 § 12, 2007: Ord. 96-0062 § 3 (part), 1996.)

As soon as any person in charge of a facility, of transportation to or from a facility, or responsible for emergency response at a facility, has knowledge of any unauthorized release or threatened release of a hazardous material, such person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release and shall notify the health hazardous materials division of the forester and fire warden.
Any unauthorized release of any hazardous material which escapes from primary containment, increases the hazard of fire or explosion, or threatens to damage the environment, must be reported to the health hazardous materials division of the forester and fire warden immediately. The reporting party shall provide information to the chief relating to the ability of the responsible party to contain and dispose of the hazardous material, the estimated time it will take to complete containment and disposal, and the degree of hazard to persons and the environment. The chief may verify that the hazardous material is being contained and disposed of appropriately. The chief at any time, upon a determination that the responsible party is not adequately containing and disposing of such hazardous material, shall have the power and authority to undertake and direct an emergency response in order to protect the public health and/or safety and the environment. (Ord. 96-0062 § 3 (part), 1996.)

Any person responsible for storing or transporting any hazardous material shall have the responsibility to institute and complete all actions necessary to prevent a threatened release or to remedy the effects of any unauthorized release of any hazardous material, whether accidental or intentional, sudden or gradual. This responsibility is not conditioned upon evidence of wilfulness or negligence of the party storing or transporting the hazardous material(s) in causing or allowing such release or threatened release. The forester and fire warden shall undertake actions to prevent a threatened release or remedy the effects of such unauthorized release itself only if it determines that it is reasonably necessary under the circumstances to do so. The responsible party shall be liable to reimburse the forester and fire warden for all costs that department incurs in preventing the threatened release or remedying the effects of such unauthorized release. (Ord. 96-0062 § 3 (part), 1996.)

A. Costs reimbursable to the forester and fire warden under this chapter are a debt of the person liable therefor, and shall be collectable in the same manner as in the case of an obligation under contract, express or implied. However, any costs incurred by the forester and fire warden which assigns one or more of its representatives to respond to, or to investigate, an intentional or negligent release, escape, burning, or threatened release of hazardous materials shall be assessed to the person liable therefor.
B. The charge created against a person by this Chapter 12.56 is also a charge against the person’s employer if the intentional or negligent release, escape, burning, or threatened release causing the incident occurs in the course of the person’s employment.
C. An action to recover costs under this Chapter 12.56 may be joined with any civil or criminal action for penalties, fines, injunctive, or other relief brought against the responsible person or employer, or both, arising out of the same incident.
D. There shall be deducted from any amount otherwise recoverable under this Chapter 12.56, the amount of any reimbursement for eligible costs paid to the forester and fire warden by the State Hazardous Substance Cleanup Fund pursuant to Section 25360 of Chapter 6.8 (commencing with Section 25300) of Division 20 of the California Health and Safety Code. (Ord. 96-0062 § 3 (part), 1996.)

If any charge required to be paid pursuant to this chapter is not paid prior to the delinquency date as defined in Section 12.52.075, in addition to such charge, the person shall pay a penalty equal to 40 percent of the charge. Date of payment is the date payment is received. (Ord. 2010-0044 § 8, 2010; Ord. 2005-0054 § 19, 2005: Ord. 96-0062 § 3 (part), 1996.)

Should a facility, person, business or business concern dispute the amount or applicability of any charge or late payment penalty for emergency response cost recovery assessed pursuant to Section 12.56.020, 12.56.050 or 12.56.060 of this chapter, the facility, person, business or business concern shall:
A. First pay the assessed charges 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 an authorized representative of the chief to verify the conditions or status of the incident leading to the assessment of cost recovery charges. The representative will inspect the facility, incident site and any related records within a reasonable period of time to determine if any change in assessed charges is indicated;
C. 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 charge or penalty, including copies of any documentation to justify the claim for refund or adjustment;
D. 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;
E. The appeal board shall be chaired by the chief or his/her designee. The appeal board shall be composed of representatives from the health hazardous materials division and the financial management division of the forester and fire warden. 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 forester and fire warden 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;
F. 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 charge 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. 97-0037 § 12, 1997.)

If any charge and late payment penalty imposed pursuant to this Chapter 12.56 is not paid within 30 days after the delinquency date as defined in Section 12.52.075, a certificate of lien, as authorized by section 101345 of the California Health and Safety Code, may be recorded upon all real property in the County owned or later acquired by any person whose intentional or negligent action caused the incident as described in Section 12.56.020. (Ord. 2010-0044 § 9, 2010; Ord. 2008-0050 § 36, 2008: Ord. 98-0049 § 2, 1998.)

A. Beginning with the 2000-2001 fiscal year, the hourly rate for emergency response cost recovery contained in Section 12.56.020 shall be determined annually by dividing the annualized cost to the forester and fire warden to administer and implement the emergency response program by the personnel hours for emergency responses; where the annualized cost is defined as the salaries, employee benefits and overhead for personnel assigned to the emergency response program calculated from rates contained in the forester and fire warden’s rate package, as approved by the auditor-controller; and where personnel hours is determined by multiplying productive work hours as defined by the auditor-controller by the number of personnel assigned to the emergency response program that normally respond to emergency incidents.
B. Beginning with the 2000-2001 fiscal year, the administrative charge contained in Section 12.56.020 shall be adjusted annually by the following procedure:
The annual adjustment shall be the result of computing the average personnel time involved to conduct dispatch, file maintenance, and standard report writing in connection with an emergency response and multiplying this average time by the hourly rate, as determined in Section 12.56.070 A, calculated from rates contained in the forester and fire warden’s rate package, as approved by the auditor-controller. (Ord. 2000-0030 § 2, 2000: Ord. 96-0062 § 3 (part), 1996.)

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 provisions to other persons or circumstances, shall not be affected thereby. (Ord. 96-0062 § 3 (part), 1996.)