Current through Register Vol. 50, No. 9, September 20, 2024
A. Before receiving a shipment of waste tires
from a relocated generator (one from which, the processor has not previously
received shipments) or one that has changed ownership, the processor shall
verify, using the Generator List on the departments website, that the
generators status is active and determine the generators status as eligible or
ineligible. If waste tires originating from an ineligible generator are marked
eligible on the manifest, the processor shall follow the procedures outlined in
LAC 33:VII.10534.B.7 for correcting a discrepancy on the manifest. The
processor shall notify the administrative authority upon becoming aware of
generators who have not registered.
B. Receipt of Tires
1. Upon receiving a shipment containing waste
tires, the processor shall be responsible for verifying the number of eligible
and ineligible waste tires in the shipment by actually counting each waste
tire. The processor shall sign each waste tire manifest upon receiving the
waste tires. Permitted processors with an agreement with the administrative
authority can be reimbursed from the waste tire management fund for only those
eligible tires accepted from authorized Louisiana transporters or from
generators as specified in LAC 33:VII.10519.L.
2. Processors may accept no more than 20
unmanifested waste tires from a person, per day, per vehicle. However, the
processor will only be eligible for reimbursement from the waste tire
management fund for five of the unmanifested waste tires received, provided the
tires are defined as
program eligible waste tires. The
processor shall maintain the unmanifested waste tire log on a form provided by
the administrative authority for all unmanifested waste tires. The log shall
include, at the minimum, the following:
a.
the name, address, phone number, and drivers license number with state of
issuance of the person delivering the waste tires;
b. the license plate number of the vehicle
delivering the tires;
c. the
number, type, and whether the tires are eligible or ineligible;
d. the date and the signature of the person
delivering the tires; and
e. an
explanation of how the waste tires were generated.
C. No processor shall list on the
unmanifested waste tire log an ineligible tire as eligible.
D. On a form available on the departments
website, all processors shall submit a monthly report on or before the twelfth
day of each month. That monthly report shall include:
1. waste tire facility reports and
application for payment;
2.
generator manifests in accordance with LAC 33:VII.10534.B;
3. processor manifest in accordance with LAC
33:VII.10534.C;
4. monthly
collection center reports, if applicable;
5. unmanifested waste tire logs;
6. Louisiana Department of Agriculture and
Forestry certified scale-weight tickets including gross, tare, and net weights;
and
7. any other documentation
requested by the administrative authority.
E. Permitted processors who have an effective
processors agreement shall submit an annual report on all approved end-market
use projects to the administrative authority. This report is due no later than
January 31 of each year for the previous years activities, and shall identify
approved projects, the amount of all whole waste tires and/or waste tire
material used in each approved project within the last year, and the date of
completion of each project, if applicable.
F. Waste tire processors shall provide
completed copies of waste tire manifests to the appropriate waste tire
generator within 30 days of the origination date of the manifest and shall
comply with all other requirements of LAC 33:VII.10534.
G. All waste tire processors shall meet the
following standards:
1. control ingress and
egress to the site through a means approved by the administrative authority,
with at least one entrance gate being a minimum of 20 feet wide;
2. maintain a buffer zone of 100 feet. Waste
tires and waste tire material shall not be placed in the buffer zone. A
reduction in this requirement shall be allowed only with permission, in the
form of a notarized affidavit, from all landowners having an ownership interest
in property located less than 100 feet from the facility. The processor shall
enter a copy of the notarized affidavit(s) in the conveyance records of the
parish or parishes in which the landowners properties are located;
3. prohibit open burning;
4. enter into a written agreement with the
local fire department regarding fire protection at the facility;
5. develop and implement a fire protection
and safety plan for the facility to ensure personnel protection and minimize
impact to the environment;
6.
provide suitable drainage structures or features to prevent or control standing
water in the waste tires, waste tire material, and associated storage
areas;
7. control all water
discharges, including stormwater runoff, from the site in accordance with
applicable state and federal rules and regulations;
8. maintain an acceptable and effective
disease vector control plan approved by the administrative authority;
9. maintain waste tires and waste tire
material in piles, the dimensions of which shall not exceed 10 feet in height,
20 feet in width, and 200 feet in length or in such dimensions as approved by
the administrative authority. The number of piles shall be based on the maximum
amount of waste tires and/or waste tire material to be stored in accordance
with Paragraph G.12 of this Section, the dimensions of the piles, and an
appropriate industry standard density;
10. maintain lanes between piles of waste
tires and/or waste tire material a minimum width of 50 feet to allow access by
emergency vehicles and equipment;
11. ensure that lanes to and within the
facility are free of potholes and ruts and be designed and maintained to
prevent erosion;
12. store no more
than 60 times the daily permitted processing capacity of the processing
facility. The daily capacity of the facility shall be calculated using the
daily throughput of the limiting piece of processing equipment and the daily
operating hours of the facility;
13. upon ceasing operations, processors shall
ensure clean closure;
14. all waste
tire facility operators shall maintain a site closure financial assurance fund
in an amount based on the maximum number of pounds of waste tires and/or waste
tire material that will be stored at the processing facility site at any one
time. This fund shall be in the form of a financial guarantee bond, performance
bond, or an irrevocable letter of credit in the amount of $20 per ton of waste
tires and/or waste tire material on the site. A standby trust fund shall be
maintained for the financial assurance mechanism that is chosen by the
facility. The financial guarantee bond, performance bond, irrevocable letter of
credit, or standby trust fund must use the exact language included in the
documents in LAC 33:VII.11103. Appendix B. The financial assurance must be
reviewed at least annually;
15. an
alternative method of determining the amount required for financial assurance
shall be as follows:
a. the processor shall
submit to the administrative authority an estimate of the maximum total amount
by weight of waste tire material that will be stored at the processing facility
at any one time;
b. the processor
shall also submit to the administrative authority two independent, third-party
estimates of the total cost of cleaning up and closing the facility, including
the cost of loading the waste tire material, transportation to a permitted
disposal site, and the disposal cost; and
c. if the estimates provided are lower than
the required $20 per ton of waste tires and/or waste tire material, the
administrative authority shall evaluate the estimates submitted and determine
the amount of financial assurance that the processor is required to
provide;
16. financial
assurances for closure and post-closure activities must be in conformity with
the standards contained in LAC 33:VII.1303 and the sample documents in
§11103
H.
Processors shall only deliver waste tires and/or waste tire material to
end-market users in the amount approved by the administrative authority and
shall not deliver waste tires and/or waste tire material in anticipation, or
prior to approval, of end-market use projects. Processors violating this
provision shall promptly remove any improperly delivered whole tires and/or
waste tire material and either properly dispose of and/or find another approved
end-market use for the whole tires and/or waste tire material. In any case, the
use of improperly delivered whole waste tires and/or waste tire material shall
not entitle the processor to an additional payment from the waste tire
management fund. In the event the processor chooses to properly dispose of the
material, he shall reimburse the waste tire management fund for any payments
received for the disposed material.
I. Mobile Processors
1. Only standard permitted processors shall
be eligible to apply for mobile processor authorization certificates. Each
applicant requesting a mobile processor authorization certificate pursuant to
these regulations shall complete the mobile processor application in accordance
with LAC 33:VII.10517.B.
2. The
appropriate mobile processor application fee shall be submitted with the
application in accordance with LAC 33:VII.10535.A.3.
3. The administrative authority will review
the mobile processor authorization application and issue a mobile processor
authorization certificate, if appropriate. Mobile processing operations are
prohibited without a valid authorization certificate.
4. A mobile processor authorization
certificate is valid for one year from the date of issuance. Mobile processors
shall reapply in accordance with LAC 33:VII.10517.B on an annual basis, no
later than 30 days prior to the expiration of the certificate.
5. For mobile waste tire processing, the
processor shall operate only at an authorized collection center, a permitted
processing facility, or other sites with prior written authorization from the
administrative authority.
6. For
mobile waste tire processing, the processor shall:
a. prohibit open burning;
b. provide fire protection at the processing
location; and
c. locate processing
equipment;
i. in an area of sufficient size
and terrain to handle the processing operation;
ii. a minimum of 100 feet from all adjacent
property lines, unless otherwise authorized by the administrative
authority;
iii. away from
utilities, such as power lines, pipelines, or potable water wells;
and
iv. near roadways and entrances
suitable for truck hauling waste tires and/or waste tire material.
7. Immediately upon
processing, the waste tire material shall be deposited in a transportable
collection container. All waste tire material shall be removed within 10 days
from the date of processing.
8. No
processed material shall be deposited on the ground at the processing location
at any time.
9. Mobile processors
shall submit a monthly report on or before the twelfth day of each month for
the previous months activity, including months in which no activity occurred.
This report shall be submitted on a form available on the departments website
detailing the processing activities at the authorized location. The information
in the report shall include, but is not limited to:
a. site physical address;
b. number of whole tires processed;
c. weight (in pounds) of processed material
removed from the site, verified by certified scale weight tickets;
and
d. number of tires remaining to
be processed.
10. Mobile
processors are responsible for notifying the administrative authority in
writing within 10 days when any information on the mobile processor
authorization application changes, prior to moving to another authorized
location, or if operations cease.
J. Government agencies may operate tire
splitting equipment for the purposes of volume reduction prior to disposal
without a permit to process waste tires, provided they meet the requirements
outlined in Paragraphs I.6-8 and 10 of this Section, and receive written
authorization from the administrative authority before initiating any
processing.
K. Processors shall
maintain a complete set of records pertaining to manifested tires or waste tire
material coming in or leaving their place of business. This shall include, but
is not limited to, manifests, monthly reimbursement reports, records of all
payments from/to end-markets, inventory records, logs, any documents related to
out-of-state tire activity, and financial records. These records shall be
maintained for a period of no less than five years and shall be made available
for audit and/or inspection at the processors place of business during regular
business hours.
L. After review,
the administrative authority may, for cause, suspend, revoke, and/or modify the
standard permit and/or mobile processor authorization by giving the processor a
60 day written notice of its intent to take the intended action, and allowing
the processor an opportunity to demonstrate why the intended action should not
be taken.
AUTHORITY NOTE:
Promulgated in accordance with R.S.
30:2411-2422.
