Current through Register Vol. 50, No. 9, September 20, 2024
A. Any person,
facility, or other entity subject to these regulations that generates,
collects, stores, transports, processes waste tires and/or waste tire material,
or utilizes waste tires and/or waste tire material in an end-market use
project, may petition the administrative authority for an exemption from the
waste tire regulations or any portion thereof, when petitions for such are
deemed appropriate after consideration of the factors enumerated in
Subparagraphs C.2.a and b of this Section as well as any other pertinent
factors.
B. The administrative
authority shall make a decision whether or not to grant the exemption requested
within 60 days from the date on which the request for exemption was filed,
unless a longer time period is agreed upon by mutual consent of the applicant
and the administrative authority. In no case shall the time period be greater
than one year.
C. Each request for
an exemption shall:
1. identify the specific
provisions of these regulations from which a specific exemption is
sought;
2. provide sufficient
justification for the type of exemption sought that includes, but may not be
limited to, the following demonstrations:
a.
that compliance with the identified provisions would impose an unreasonable
economic, technologic, safety, or other burden on the person or the public;
and
b. that the proposed activity
will have no significant adverse impact on the health, safety, and welfare of
the public and the environment, and that it will be consistent with the
applicable provisions of the Act;
3. include proof of publication of the notice
as required in Paragraph D.1 of this Section, except for emergency exemptions;
and
4. be considered by the
administrative authority on a case-by-case basis and if approved, the
administrative authority shall specify the duration of the exemption.
D. Public Notification of
Exemption Requests
1. Persons requesting an
exemption shall publish a notice of intent to submit a request for an
exemption, except as provided in Paragraph D.2 of this Section. This notice
shall be published one time as a single classified advertisement in the
legal-notices section of a newspaper of general circulation in the area and
parish where the facility is located, and one time as a classified
advertisement in the legal-notices section of the official journal of the
state. If the facility is in the same parish or area as the official journal of
the state, a single classified advertisement in the legal-notices section of
the official journal of the state shall be the only public notice
required.
2. Persons granted
emergency exemptions by the administrative authority shall publish a notice to
that effect in the legal-notices section of a newspaper of general circulation
in the area and parish where the facility requesting the exemption is located.
The notice shall be published one time as a single classified advertisement in
the legal-notices section of a newspaper of general circulation in the area and
parish where the facility is located, and one time as a classified
advertisement in the legal-notices section of the official journal of the
state. The notice shall describe the nature of the emergency exemption and the
period of time for which the exemption was granted. Proof of publication of the
notice shall be forwarded to the administrative authority within 30 days after
the granting of an emergency exemption.
E. A vehicle operated by a local government
body that is engaged in the collection of waste tires that are located on
government property or on road rights of way with the tires to be taken to an
authorized waste tire collection center or permitted processing facility may be
granted an exemption to the transporter authorization application fee and the
transporter maintenance and monitoring fee specified in LAC 33:VII.10535. A
maximum of one vehicle is allowed for each government body under this
exemption. In order to be recognized as exempt under this Subsection, the local
government body shall submit a transporter notification form to the
administrative authority indicating the government bodys desire to take
advantage of this exemption.
AUTHORITY NOTE:
Promulgated in accordance with R.S.
30:2411-2422.
