Current through Register Vol. 50, No. 9, September 20, 2024
A. Property Owners. Owners of property on
which more than 20 waste tires are stored, deposited, or abandoned but were not
generated by a waste tire generator authorized by the administrative authority
and managed in accordance with LAC 33:VII.10519, shall:
1. provide for and ensure the removal of the
waste tires in the following manner;
a.
removed by the property owner and transported to a permitted processing
facility in quantities of no more than 20 per day;
b. removed by the property owner and
transported to an authorized collection center in quantities of no more than
five per day; or
c. in accordance
with the departments single event cleanup procedures outlined in Subsection B
of this Section;
2.
provide disease vector control measures adequate to protect the safety and
health of the public, and keep the site free of excess grass, underbrush, and
other harborage; and
3. limit
access to the piles to prevent further disposal of tires or other
waste.
B. Single Event
Cleanups
1. Single event cleanups may be
authorized by the administrative authority to address accumulations of waste
tires at unauthorized locations provided that notification is submitted to the
administrative authority 30 days prior to the anticipated event. Notification
shall be on the single event cleanup/government tire sweep form, which is
available on the departments website. The information on the form shall
include:
a. type of application;
b. name of responsible business,
organization, government entity, or property owner;
c. physical location of abandoned waste tires
to be removed;
d. email address of
applicant;
e. contact person if
different from owner;
f. mailing
address;
g. phone number and fax
number;
h. reason for request
(i.e., promiscuous dump, called in complaint, found on property, tire sweep, or
other);
i. estimated number of
waste tires to be removed;
j.
information describing how the waste tires were generated;
k. name of permitted processor to receive
waste tires; and
l. certification
that all information provided on the form is true and correct with the
knowledge of the possibility of punishment under the law for false
information.
2. All
waste tires collected shall be removed by an authorized waste tire transporter
and processed by the permitted waste tire processor indicated on the single
event cleanup/government tire sweep form submitted to the administrative
authority. Use of a waste tire processor not indicated on the form must be
approved in writing by the administrative authority.
3. The administrative authority shall not be
responsible for any cost associated with the removal of the tires.
4. Approval of the cleanup is effective for
the time period and amount of waste tires specified in the approval letter. If
additional time is needed, a written request shall be submitted to the
administrative authority for approval prior to the expiration date indicated in
the initial approval letter. Exceedances of 10 percent or more in the estimated
number of tires reported in the notification form shall be reported in writing
to the administrative authority prior to the expiration date indicated in the
initial approval letter.
5.
Applicants shall comply with the manifest requirements of LAC 33:VII.10534 and
shall identify the tires as ineligible on the manifest.
C. Government Tire Sweeps
1. Government tire sweeps may be authorized
by the administrative authority to allow government agencies to collect waste
tires provided that:
a. notification is
submitted to the administrative authority 30 days prior to the anticipated
event. Notification shall be on the single event cleanup/government tire sweep
form, which is available on the departments website. The form shall include the
information described in Subsection B of this Section.
b. the government agency has not conducted a
tire sweep within six months prior to the request.
2. A maximum of five waste tires may be
collected per person and no waste tires shall be accepted from businesses.
Records of the five tires shall be maintained on the unmanifested waste tire
log form, available on the departments website.
3. All waste tires collected shall be
transported by an authorized waste tire transporter and processed by the
permitted waste tire processor indicated on the single event cleanup/government
tire sweep form submitted to the administrative authority. Use of a waste tire
processor not indicated on the form must be approved in writing by the
administrative authority.
4. Waste
tire collection shall only be conducted on the date(s) included in the approval
letter. If additional time or alternate dates are needed, the administrative
authority shall be notified in writing prior to the expiration date included in
the initial approval letter.
5.
Government agencies shall comply with the manifest requirements of LAC
33:VII.10534.
D. Waste
Tires Discarded by a Third Party. Property owners and government entities
cleaning property in which tires have been discarded by a third party and
requesting the waste tires be determined eligible shall:
1. notify the administrative authority in
writing with information regarding the discarded tires. This information
includes, but is not limited to, address of the site, estimated number and type
of tires, photographs, and information on person(s) responsible for the
discarded tires, if known;
2.
obtain and submit to the administrative authority a police report documenting
the incident. If a police report cannot be obtained, a written certification
shall be submitted to the administrative authority attesting that all
information provided in Paragraph 1 of this Section is true and
correct;
3. provide the
administrative authority a description of the measures taken to prevent future
incidents of this nature at the site. These measures include, but are not
limited to, limiting access to the site by adding fencing or other means to
secure the property, posting signs to deter dumping of tires, and/or using
cameras and/or video surveillance to record dumping incidents;
4. provide disease vector control measures
adequate to protect the safety and health of the public, and keep the site free
of excess grass, underbrush, and other harborage;
5. limit access to the discarded tires to
prevent further disposal;
6. not
remove the discarded tires from the property prior to obtaining written
permission from the administrative authority, which includes an eligibility or
ineligibility determination. Unless otherwise determined by the administrative
authority, no more than 520 tires can be eligible per site in a calendar year.
Reimbursements from the waste tire management fund will not be approved for any
waste tires removed under the authority of this Section which are defined as
program ineligible waste tires;
7.
ensure the tires are removed by an authorized waste tire transporter and
transported to a permitted waste tire processor;
8. comply with the manifest requirements of
LAC 33:VII.10534.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2411 et
seq.