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A. Any solid waste management facility, including but not limited to disposal facilities, transfer stations, materials recovery facilities, recycling facilities, construction and demolition waste processing facilities, greenwaste/wood processing facilities, and composting facilities, or any party or person who commits any of the following acts may be liable for administrative penalties not to exceed $1,000.00 per violation per day imposed by the LEA:
1. Any violation of any applicable permit, rule, regulation, standard, or operating requirement pursuant to City of Los Angeles ordinances and codes, California Code of Regulations Title 14 and/or California Code of Regulations Title 27 relating to the management of so/lid waste management facilities, including but not limited to disposal facilities, transfer stations, materials recovery facilities, recycling facilities, construction and demolition waste facilities, greenwaste / wood processing facilities and composting facilities.
2. Any violation of, or noncompliance with, any order issued by the LEA relating to the operations of solid waste management facilities, including, but not limited to, disposal facilities, transfer stations, materials recovery facilities, recycling facilities, construction and demolition waste processing facilities, greenwaste / wood processing facilities and composting facilities.
3. Any false statement, misrepresentation, or omission of a significant fact or other required information in the application for an operating permit, manifest or log forms, or in information regarding these matters subsequently reported to the LEA.
B. In addition to the imposition of an administrative penalty, the LEA may:
1. Conduct corrective action to protect public and environmental health.
2. Require payment by the facility operator for reimbursement of expenditures.
3. Deny, suspend, or revoke all operating permits.
In addition to any fine or penalty imposed, whenever a solid waste facility operator causes any violation of this Chapter, said operator shall be liable to the City for reasonable costs necessary to correct that violation, including, but not limited to labor, material, inspection, transportation, overhead and incidental expenses associated with the corrective action. If the costs are not paid within 30 days of the invoice date, an additional charge equal to 25% of the required reimbursement shall be added to the reimbursement.
In assessing the amount of an administrative penalty, factors to be considered may include, but are not limited to, the following:
A. The nature, circumstances, extent and gravity of the violation.
B. Evidence that the violation was willful or negligent.
C. The good or bad faith exhibited by the party.
D. History of violation of the same or similar nature.
E. Whether the violations was due to circumstances that were unavoidable or beyond the operator’s reasonable control.
F. The extent to which the party has cooperated with the LEA in correcting the violation.
G. The extent that the owner or operator has mitigated or attempted to mitigate any damage or injury caused by the owner’s or operator’s violation.
H. Evidence of any financial gain resulting from the violation,
I. Cost to the LEA to conduct additional monitoring and related enforcement activities to correct violations.
J. Other matters as justice or other equitable considerations may warrant.
A. Owners and/or operators of facilities that are assessed an administrative penalty and/or monetary fine may appeal by filing a written request within 15 calendar days to the LEA to convene a meeting of the LEA’s Independent Hearing Panel.
B. Within 15 calendar days after the LEA’s receipt of the written request to convene a Hearing Panel meeting to hear an appeal, the LEA shall provide written notice to the owner/operator of the scheduled date, time and place of the Hearing Panel meeting and requiring that a statement of issues that require a hearing be filed by the appellant at least 20 calendar days prior to the date of the hearing.
C. The Hearing Panel must convene within 45 calendar days of the date of the LEA’s receipt of the written request from the facility owner/operator unless the owner/operator and the LEA mutually waive the timeline.
D. If the statement of issues is not filed, the LEA may affirm the administrative penalty and/or fine without a hearing, or may, at its discretion, proceed with a hearing before deciding whether or not to affirm the penalty or fine.
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