City of Los Angeles Municipal Code
Solid Waste Section
Solid Waste Enforcement Program
Solid Waste Transfer/Processing Station
Nonhazardous Contaminated Soil Transfer/Processing Operation
Nonhazardous Contaminated Soil Disposal Facility
Solid Waste Collection Vehicle Yards
SEC. 66.13.01. SOLID WASTE ENFORCEMENT PROGRAM.
(a) This ordinance 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 these provisions shall be carried out by the City of Los Angeles Environmental Affairs Department, Local Enforcement Agency Section.
(c) In order to carry out the purpose of this ordinance, 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 to recover resources and do any of the following:
(1) Carry out any sampling of monitoring activities necessary to carry out this ordinance
(2) Inspect and copy any records, reports, test results, or other information to carry out provisions of this ordinance.
(3) Photograph or videotape any waste, waste container, waste collection vehicle or any waste facility or portion thereof.
(4) During the inspection the inspector shall comply with all reasonable security, safety, and sanitation measures.
SEC. 66.13.03 SOLID WASTE FACILITY APPLICATION PERMIT REVIEW FEES.
(a) All proposed solid waste facilities must submit permit review fees, as set forth in Sec. 66.13.03 (b) of this ordinance at the time that the application for a permit for a solid waste facility is submitted to the Department.
(b) The review fee for a solid waste facility application is $6,500.00 per site. This fee will support 100 hours of permitting staff time to process the application at the rate of $65.00 per hour without additional charges. 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 at the rate of $65.00 per hour of staff time. If less than 100 hours of staff time are used, the applicant will be refunded the appropriate amount of unused staff time at the rate of $65.00 per hour.
SEC. 66.13.04. SOLID WASTE FACILITY PERMIT MODIFICATION REVIEW FEES.
(a) All solid waste facilities must submit permit modification review fees, as set forth in Sec. 66.13.04 (b) of this ordinance at the time that the permit modification request for a solid waste facility is submitted to the Department.
(b) Permit modification fees shall be charged as set forth in Sec. 66.13.04 (b)(1) and Sec. 66.13.04 (b)(2). The determination as to the category of fees assessed to the applicant will be made by Departmental staff upon preliminary review of the applicants permit modification request.
1. MAJOR PERMIT REVISION- The review fee for a major modification to a solid waste facility permit is $6,500.00 per site. This fee will support 100 hours of permitting staff time at the rate of $65.00 per hour without additional charges. 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 at the rate of $65.00 per hour of staff time. If less than 100 hours of staff time are used, the applicant will be refunded the appropriate amount of unused staff time at the rate of $65.00 per hour.
2. MINOR PERMIT MODIFICATION- The review fee for a minor modification to a solid waste facility is $650.00 per site. This fee will support 10 hours of permitting staff time at the rate of $65.00 per hour without additional charges. 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 at the rate of $65.00 per hour of staff time. If less than 10 hours of staff time are used, the applicant will be refunded the appropriate amount of unused staff time at the rate of $65.00 per hour.
SEC. 66.13.05. SOLID WASTE FACILITY INSPECTION FEE
(1) All solid waste facilities inspected by the local enforcement agency must pay the cost of inspections by Department personnel.
(2) Normal inspection costs for solid waste facilities not owned by the City will be included in the annual permit fee.
(3) Normal inspection costs for solid waste facilities owned by the City will be recovered from internal budget processes.
(4) Federal, state or local regulation may establish new classifications of solid waste facilities not included in existing ordinance. Costs for inspections required by regulation will be billed by the Department, on a monthly basis, at the rate of $65.00 per hour of staff time required.
SEC. 66.13.1. SOLID WASTE TRANSFER /PROCESSING STATION
PERMIT
(a) No solid waste transfer/processing station, which is not owned by the City, shall be operated without first obtaining a permit from the Environmental Affairs Department "the Department" to do so. An application shall be filed with the Department giving such information as required by the Department and, if approved by said Department, an annual permit may be issued upon payment of an annual inspection fee as follows:
Class 1 "Station Permit" .$590.00
Class 2 "Station Permit" ..$8,246.00
Class 3 "Station Permit" ....$21,203.00
Class 4 "Station Permit" ....$34,160.00
Class 5 "Station Permit" ....$47,119.00
Class 6 "Station Permit" ....$60,075.00
Class 7 "Station Permit" ....$73,032.00
Permit Class shall be determined by the Department based on permitted daily tonnage. 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.
(b) Penalty.
(1) Whenever an annual Permit fee is required to be paid and such fee is 30 days past due, such fee shall be delinquent and an additional sum equal to 25% of the fee so required shall be imposed for such delinquency. Such additional sum shall become a part of the fee required by the Department.
Class 1 "Station Permit" ... ..$148.00
Class 2 "Station Permit" ..$2,062.00
Class 3 "Station Permit" . .$5,301.00
Class 4 "Station Permit" ..$8,540.00
Class 5 "Station Permit" ....$11,780.00
Class 6 "Station Permit" ....$15,019.00
Class 7 "Station Permit" ....$18,258.00
(c) Definition of solid waste transfer facilities for establishing fees:
The calculation for the fee will be based on the permitted daily tonnage of the solid waste.
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, small volume transfer station that is permitted for 100 cubic yards or less of solid waste per day.
3. Class 3 Transfer Station A permitted, large volume transfer station that is permitted for less than 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 more than 3,501 to 4,500 tons of solid waste per day.
(d) As to any solid waste transfer/ processing station operated by the City, a permit shall be obtained from the Environmental Affairs Department.
(e) Transfer stations which require 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 Sec. 66.13.1(e)(1) of this ordinance.
(1) Additional compliance monitoring fees shall be charged as set forth as follows:
ADDITIONAL COMPLIANCE MONITORING FEE - The applicant will be billed by the Department, on a monthly basis, at the rate of $65.00 per hour of staff time required for additional compliance monitoring.
SEC. 66.13.2. COMPOSTING FACILITY PERMIT.
(a) No composting station/facility, which is not owned by the City, shall be operated without first obtaining a permit from the Environmental Affairs Department, "the Department", to do so. An application shall be filed with the Department giving such information as required by the Department and, if approved by said Department, an annual permit may be issued upon payment of an annual inspection fee as follows:
Class 1 "Notification Permit" ...$590.00
Class 2 "Registration Permit" ....$1,066.00
Class 3 "Standardized Permit" .. .$8,246.00
(b) Penalty.
(1) Whenever an annual Permit fee is required to be paid and such fee is 30 days past due, such fee shall be delinquent and an additional sum equal to 25% of the fee so required shall be imposed for such delinquency. Such additional sum shall become a part of the fee required by the Department.
Class 1 "Notification Permit" .$148.00
Class 2 "Registration Permit" .. ...$267.00
Class 3 "Standardized Permit" .....$2,062.00
(c) Definition of composting facility for establishing fees:
The classification of each facility 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.
(d) As to any composting facility operated by the city, a permit shall be
obtained from the Environmental Affairs Department.
(e) Composting facilities which require 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 Sec. 66.13.1 (e) (1) of this ordinance.
as follows:
ADDITIONAL COMPLIANCE MONITORING FEE - The applicant will be billed by the Department, on a monthly basis, at the rate of $65.00 per hour of staff time required for additional compliance monitoring.
SEC. 66.14.1. NONHAZARDOUS CONTAMINATED SOIL TRANSFER/PROCESSING OPERATION
(a) No contaminated soil transfer/processing operation, which is not owned by the City, shall be operated without first obtaining a permit from the environmental Affairs Department, "the Department" to do so. An application shall be filed with the Department giving such information as required by the Department and, if approved by said Department, an annual permit may be issued upon payment of an annual inspection fee of $590.00.
(b) Penalty.
(1) Whenever an annual Permit fee is required to be paid and such fee is 30 days past due, such fee shall be delinquent and an additional sum equal to 25% of the fee of so required shall be imposed for such delinquency. Such additional sum shall become a part of the fee required by the Department.
(c) As to any contaminated soil transfer/processing operation operated by the City, a permit shall be obtained from the Environmental Affairs Department.
(d) Contaminated soil transfer/processing operations which require extraordinary compliance monitoring by the Department, in excess of that performed for other facilities, as determined by Department, must submit additional monitoring fees, as set forth in Sec. 66.14.1 (d) (1) of this ordinance.
as follows:
ADDITIONAL COMPLIANCE MONITORING FEE - The applicant will be billed by the Department monthly at the rate of $65.00 per hour of staff time required for additional compliance monitoring and/or the cost of City contracted consulting services plus 10% administration fee.
SEC. 66.14.2 NONHAZARDOUS CONTAMINATED SOIL DISPOSAL FACILITY
(a) No contaminated soil disposal facility, which is not owned by the City, shall be operated without first obtaining a permit from the Environmental Affairs Department, "the Department", to do so. An application shall be filed with the Department giving such information as required by the Department and, if approved by said Department, an annual permit may be issued upon payment of an annual inspection fee of $8,246.00.
(b) Penalty.
(1) Whenever an annual Permit fee is required to be paid and such fee is 30 days past due, such fee shall be delinquent and an additional sum equal to 25% of the fee of so required shall be imposed for such delinquency. Such additional sum shall become a part of the fee required by the Department.
(c) As to any contaminated soil disposal facility operated by the City, a permit shall be obtained from the Environmental Affairs Department.
(d) Contaminated soil disposal facilities which require extraordinary compliance monitoring in excess of that performed for other facilities, as determined by the local enforcement agency, must submit additional monitoring fees, as set forth in Sec. 66.14.2 (d) (1) of this ordinance.
(1) Additional compliance monitoring fees shall be charged as set forth as follows:
ADDITIONAL COMPLIANCE MONITORING FEE - The applicant will be billed by the Department, on a monthly basis, at the rate of $65.00 per hour of staff time required for additional compliance monitoring and/or the cost of City contracted consulting services plus 10% administration fee.
SEC. 66.15 COMBUSTIBLE RUBBISH-SANITARY LANDFILL
(a) It shall be unlawful to burn combustible rubbish on private property or upon sanitary landfills within the City of Los Angeles.
(b) No sanitary landfill shall be operated without first obtaining a permit from the Environmental Affairs Department. Documentation must be filed with the Department giving such information as is required by the Department.
Prior to the issuance of a permit:
(1) The Department shall investigate each particular site and shall require that all necessary measures be taken to assure that the operation of the sanitary landfill will not endanger the public health, safety or welfare and 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.
(2) Each applicant of a facility which is not owned by the City, shall pay an annual inspection fee to the Environmental Affairs Department for the period between July 1, through June 30, (inclusive) for each fiscal year as follows:
Class A "Open Landfill Permit"..............................$222,823.00
Class A-2 "Open/Closed Landfill-
Special Monitoring.........................................$378,000.00
Class B "Landfill Closure Review Permit"...............$26,498.00
Class C " Landfill Closure Permit"............................$12,045.00
Class D "Monitored Closed Landfill Permit"...........$12,045.00
Class E "Monitored Closed Landfill Permit".............$2,409.00
Class F "Closed Landfill Permit"...................................$603.00
Class G "Inert Landfill Permit"...............................$18,067.00
(c) Definition of solid waste facilities for establishing fees:
1. Class A Landfill- An operating landfill as defined in Title 27, Division 2, Chapter 3 in the California Code of Regulations.
2. Class B Landfill- A landfill which has ceased accepting waste and whose closure documentation is under review and evaluation by the Department.
3. Class C Landfill- A landfill which has ceased accepting waste and whose closure documentation has been approved and is implementing the final closure plan.
4. 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 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 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 may also be required to be submitted to the Department for review on a regular basis.
5. 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 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 or the environment, however due to the proximity of sensitive receptors such as structures, inspection is required more than quarterly, but less than monthly.
6. Class F Landfill- A landfill which 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.
7. Class G Landfill- A landfill which 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.
(d) Such permit shall not extend to a later date than the last day of June. The permit may be renewed annually by the environmental Affairs Department. Fees for a new permit issued after the first day of July will be prorated on a monthly basis.
(e) Penalty.
(1) Whenever an annual Permit fee is required to be paid and such fee is 30 days past due, such fee shall be delinquent and an additional sum equal to 25% of the fee so required shall be imposed for such delinquency. Such additional sum shall become a part of the fee required by the Department.
Class A "Open Landfill Permit" ..$55,706.00
Class B "Landfill Closure Review Permit" . .. $6,625.00
Class C "Landfill Closure Permit" $3,011.00
Class D "Monitored Closed Landfill Permit" $3,011.00
Class E "Monitored Closed Landfill Permit" . .$602.00
Class F "Closed Landfill Permit" ... ..$151.00
Class G "Inert Landfill Permit" ..$4,517.00
(f) The Environmental Affairs Department shall enforce 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 governing sanitary landfill operations.
SEC. 66.15.1 SANITARY LANDFILL ADDITIONAL MONITORING FEE.
(a) Closed sanitary landfills which require extraordinary monitoring in excess of that performed for other facilities of its Class, as determined by the Department, must submit additional monitoring fees, as set forth in Sec. 66.15.1 (b) of this ordinance.
(b) Additional monitoring fees shall be charged as set forth as follows:
ADDITIONAL COMPLIANCE MONITORING FEE - The applicant will be billed by the Department, on a monthly basis, at the rate of $65.00 per hour of staff time required for additional compliance monitoring plus a 10% administration fee for City contacted consulting services.
SEC. 66.15.2 SANITARY LANDFILL CLOSED SITE DEVELOPMENT PLAN
REVIEW FEE.
(a) All sanitary landfills which are closed, and propose an on-site development not approved or contained in an approved closure plan must submit closed site development plan review fees as set forth in Sec. 66.15.1 (b) of this ordinance at this 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. 66.15.2(b)(1) and Sec. 66.13.04 (b)(2). 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 fee request.
(1) CLOSED SITE DEVELOPMENT PLAN REVIEW FEE - The closed site development plan review fee is $6,500.00 per site. This fee will support 100 hours of monitoring staff time at the rate of $65.00 per hour without additional charges. If more than 100 hours of staff time are needed to complete the plan review, as determined by the Department, the applicant will be billed by the Department monthly at the rate of $65.00 per hour of staff time. If less than 100 hours of staff time are used, the applicant will be refunded the appropriate amount of unused staff time at the rate of $65.00 per hour. A 10% administration fee shall be charged for City contracted consulting services.
SEC. 66.16. PERMIT TRANSFERS.
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.
SEC. 66.16.1. NON-OPERATING LANDFILLS.
(a) If the Department 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 such landfill, it shall so notify the owner and/or operator. 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 it shall be done by and at the expense of the owner and/or operator. The owner/operator may request a hearing per Public Resource code Sections 44305, 44310.
(b) If the owner and/or operator should 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 do so with all reasonable costs assessed to and owed by the owner/operator
SEC. 66.16.2. SOLID WASTE COLLECTION VEHICLE YARDS.
(a) No solid waste collection vehicle yard which is not owned by the City, shall be operated without first obtaining a permit from the Environmental Affairs Department to do so. Waste collection vehicles yards are defined as those facilities which 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 which 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 collect points to recycling facilities.
(b) No solid waste vehicle storage yard which is not owned by the City, shall be operated without first obtaining a permit from the Department to do so. An application shall be filed with the Department giving such information as required by the Department and, if approved by the said Department, an annual permit may be issued upon payment in advance of an annual inspection fee. The schedule for this fee is delineated in Sec. 66.16.2 (c) of this ordinance. 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) As to any waste collection vehicle yard operated by the City, a permit shall be obtained from the Environmental Affairs Department.
(d)Waste collection vehicle yard fee, $530.00.
(e) Penalty.
(1)Whenever an annual Permit fee is required to be paid and such fee is 30 days past due, such fee shall be delinquent and an additional sum equal to 25% of the fee so required shall be imposed for such delinquency. Such additional sum shall become a part of the fee required by the Department.
Waste Collection vehicle yard $133.00
(f) All waste collection vehicle yards must conform to the requirements described in Sections 17341 through 17345 of Title 14, Article 5 of the California code of Regulations.
(g) All waste collection vehicle yards must provide information, as required, on waste collection vehicles to the Department or any authorized agent thereof.
(h) Waste collection vehicle yards which require extraordinary compliance monitoring by the Department, in excess of that performed for other facilities, as determined by the Department, must submit additional monitoring.
SEC. 66.16.3. ANNUAL FEE ADJUSTMENTS
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.
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 years 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.
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 an 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.