Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part VII - Solid Waste
Subpart 2 - Recycling
Chapter 105 - Waste Tires
Section VII-10519 - Standards and Responsibilities of Waste Tire Generators and Sellers of Tires
Current through Register Vol. 50, No. 9, September 20, 2024
A. Within 30 days of commencement of business operations or when requested by the administrative authority, generators of waste tires that store more than 20 whole waste tires and/or persons who sell tires shall notify the administrative authority of their existence and obtain a generator identification number. The identification number shall be obtained by the generator prior to initiating a waste tire manifest. Notification shall be on a form available on the departments website.
B. Tire dealers must accept from the purchaser, at the time of purchase, one waste tire for every tire sold, unless the purchaser elects to retain the waste tire. Tire dealers may accept additional waste tires from the customer; however, the additional tires are considered program ineligible waste tires and shall be documented on the waste tire manifest as ineligible waste tires.
C. Each tire dealer doing business in the state of Louisiana shall be responsible for the collection of the $2.25 waste tire fee upon the sale of each passenger/light truck tire, $5 waste tire fee upon the sale of each medium truck tire, and $10 waste tire fee upon the sale of each off-road tire. For recapped or retreaded tires, a waste tire fee of $1.25 shall be collected upon the sale of each recapped or retreaded tire. These fees shall also be collected upon replacement of all recall and adjustment tires. These fees shall be collected whether or not the purchaser retains the waste tires. The department does not require the collection of fees on the sale of tires weighing 500 pounds or more, solid tires, or tires which are de minimis in nature, including but not limited to lawn mower tires, bicycle tires, and golf cart tires.
D. Each dealer of passenger/light truck tires, medium truck tires, or off-road tires shall:
E. In any case where a tire dealer has failed to report and remit the waste tire fee to the administrative authority, and the dealers records are inadequate to determine the proper amount of fee due, or in any case where a grossly incorrect report or a report that is false or fraudulent has been submitted by the tire dealer, the administrative authority shall have the right to estimate and assess the amount of the fee due, along with any interest accrued and penalties. The burden to demonstrate to the contrary shall rest upon the tire dealer.
F. Tire dealers shall prominently display to the public sector the notification provided by the administrative authority indicating that:
G. The waste tire fee established by R.S. 30:2418 shall be listed on a separate line of the retail sales invoice and identified as the "LDEQ waste tire fee." The LDEQ waste tire fee shall not include any additional fees. No tax of any kind shall be applied to this fee.
H. Generators of waste tires, required to register in accordance with LAC 33:VII.10519.A, shall comply with the manifest requirements of LAC 33:VII.10534.
I. For all waste tires collected and/or stored, generators shall provide:
J. Generators of waste tires, required to register in accordance with Subsection A of this Section may store waste tires up to 120 days after receipt or generation. However, a registered generator of waste tires may store waste tires a maximum of 365 days, provided:
K. No more than 150 tires shall be stored at the generators place of business at one time, unless stored indoors or in a transportable collection container.
L. No tire dealer shall allow the removal of waste tires from his place of business by anyone other than an authorized transporter, unless the tire dealer generates 50 or less waste tires per month from the sale of 50 tires. In this case, the tire dealer may transport up to 20 waste tires to a permitted processing facility.
M. A generator or tire dealer who ceases operation at the registered location shall notify the administrative authority in writing within 10 days of the date of the closure or relocation of the business. This written notice shall include information regarding the location and accessibility of the records required by Subsections D, O, and/or P of this Section, as applicable.
N. Waste tires shall be segregated from any usable tires.
O. All tire wholesalers shall maintain records of all tire sales made in Louisiana. These records shall contain the name and address of the purchaser, the date of the purchase, the number of tires purchased, and the type and size of each tire purchased. These records shall be maintained by tire wholesalers for a minimum of five years and shall be made available for audit and/or inspection at their place of business during regular business hours.
P. All generators of waste tires, required to register in accordance with Subsection A of the Section, and not required to collect fees, shall maintain a complete record of purchase invoices, inventory records, and sales invoices for a period of no less than five years.
Q. In addition to the applicable requirements of this Section, qualified scrap or salvage yards shall make available to the administrative authority the register of business transactions as required by R.S. 32:784(A), and also maintain a record of the number of tires recovered from Louisiana-titled vehicles, which tires are resold. These records shall be maintained for a minimum of five years and shall be made available for audit and/or inspection at their place of business during regular business hours.
R. All persons required to register in accordance with Subsection A of this Section, shall notify the administrative authority when any information provided on the notification form changes. Only changes in mailing address, telephone number, and contact name may be made by submitting the corrections on the monthly waste tire fee report Form WT-02. All other corrections shall be submitted within 10 days of the change on a new waste tire generator notification form.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2411-2422.