A. This Chapter 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 the provisions in this Chapter shall be carried out by the City of Los Angeles Department of Building and Safety, Local Enforcement Agency Program (LEA). (Amended by Ord. No. 181,198, Eff. 7/27/10.)
C. (Amended by Ord. No. 181,198, Eff. 7/27/10.) In order to carry out the purpose of this Chapter, 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 for the purpose of recovering resources and may do any of the following:
1. Carry out any sampling of monitoring activities necessary to carry out provisions of this Chapter.
2. Inspect and copy any records, reports, test results, or other information to carry out provisions of this Chapter.
3. Photograph or videotape any waste, waste container, waste collection vehicle or any waste facility or portion thereof.
4. Issue permits consistent with the provisions of state law with the concurrence of the California Department of Resources Recycling and Recovery (CalRecycle), if required by regulation.
5. Impose permit conditions and requirements necessary to protect the health and safety of the public and the environment, if allowed by regulation.
6. Conduct reasonable corrective actions and implement other protective measures needed to ensure public health and environmental safety during emergencies.
D. The personnel assigned to the Local Enforcement Agency in the positions of Environmental Affairs Officer, Environmental Supervisor, Environmental Specialist and Industrial Hygienist, shall have the power, authority, and immunity of a public officer or employee, as specified in the California Code of Civil Procedures Code Section 1822.50, et seq. and the power, authority, and immunity of a public officer as set forth in the Penal Code of the State of California, Section 836.5, to make arrests without a warrant whenever he or she has reasonable cause to believe that the person to be arrested has committed a misdemeanor or an infraction in his or her presence, which is a violation of any law of this State or any ordinance of the City pertaining to matters under the jurisdiction of the LEA (as certified by the California Natural Resources Agency, California Department of Resources Recycling and Recovery, with respect to illegal disposal of solid waste as described in the Los Angeles Municipal Code Section 41.70.3.6*). (Amended by Ord. No. 181,198, Eff. 7/27/10.)
E. (Amended by Ord. No. 181,198, Eff. 7/27/10.) The power, authority, and immunity granted in Subsection D. shall be exercised only by the personnel designated in Subsection D. and authorized deputies who have successfully completed a course in the exercise of powers of a peace officer pursuant to California Penal Code Section 832. All Public officers empowered by this Section shall have the authority and standing of a "local enforcement agency" for the purposes specified in the California Public Resources Code Division 30, Part 3, related to the California Department of Resources Recycling and Recovery Local Enforcement Agency Program. Personnel designated in Subsection D. and authorized deputies who have successfully completed a course in the exercise of powers of a peace officer pursuant to California Penal Code Section 832, shall have the status of peace officers. In addition, personnel designated in Subsection D. and authorized deputies who have successfully completed a course in the exercise of powers of a peace officer pursuant to California Penal Code Section 832, shall have the foregoing power, authority and immunity with respect to a violation of any of the following sections of the Municipal Code:*
F. Those persons designated in Subsections C., D. and E. of this section are hereby authorized to issue citations for violation of the Los Angeles Municipal Code Section 190.02.
G. Those persons designated in Subsections C., D. and E. of this section are hereby authorized to issue citations for violations of the Los Angeles Municipal Code for violations of land use conditions of approval related to solid waste facilities, recycling facilities or other industrial or commercial sites where there is evidence of negative environmental effects affecting the community.
H. The provisions of Penal Code Section 836.5 regarding issuance of a written promise to appear shall be applicable to arrests authorized herein.
I. Designated employees of the Department and City staff of the Sunshine Canyon Landfill Local Enforcement Agency and their Directors, or agents may carry upon their persons a metallic badge, of a size and design to be determined as provided in Sec. 52.32 of the Los Angeles Municipal Code, while performing their respective duties applicable to the enforcement of state and local solid waste laws and regulations.
* Note: The code sections listed herein will be amended in a forthcoming ordinance.