Current through Register Vol. 50, No. 9, September 20, 2024
A. End-market use
projects may be approved by the administrative authority on a case-by-case
basis. These projects include, but are not limited to, slope stabilization,
erosion control, levee construction, lightweight backfill material, roadway
stabilization material over soft soils, or other applications as approved by
the administrative authority.
1. The
administrative authority will review and issue a decision within 15 business
days of receipt of an application for the following end-market use projects:
a. backfill as an alternative to aggregate to
promote drainage; and
b. use in
landfill applications such as leachate collection systems.
2. For purposes of Paragraph A.1 of this
Subsection, if additional information is requested based on the inadequacy of
the application, the 15 day review period is suspended. The review period
resumes upon the administrative authoritys receipt of the requested information
from the applicant.
3. Customary
end-market use projects utilizing waste tires and/or waste tire material for
tire derived fuel (TDF), lightweight backfill for bulkheads, or crumb rubber
applications are considered approved if the administrative authority has not
issued to the applicant a project approval, requested additional information,
or denied the project within 15 business days of project submittal. The
administrative authority reserves the right to add additional projects to the
list provided above. The list will be maintained on the departments
website.
4. Applications for
end-market use projects described in Paragraph A.1 of this Subsection shall be
electronically submitted in a manner determined by the administrative
authority.
B. Specific
projects using whole waste tires and/or waste tire material shall meet the
requirements of LAC 33:VII.10533 and LAC 33:VII.10534.
C. Facilities at which whole waste tires
and/or waste tire material is utilized for projects that require extended
storage must obtain approval as a high volume end use facility in addition to
receiving approval of any end-market use project.
D. Unless approved by the administrative
authority as a high volume end use facility, end-market users shall not store
more than 5,000 whole waste tires or 2,000,000 pounds of waste tire material at
the end of any operational day.
E.
On a form available on the departments website, end-market users shall submit a
monthly report to the administrative authority, unless exempted on a
case-by-case basis, which shall include a certified record of pounds of waste
tire material or whole waste tires received and a certified record of pounds of
waste tire material and/or whole waste tires used in an approved end-market use
project.
F. End-market users shall
maintain a complete set of records pertaining to waste tires and/or waste tire
material coming in or leaving the site of the approved project. The records
shall include, but are not limited to, manifests, required monthly reports,
inventory records, logs, and any documents related to out-of-state activity as
determined by the administrative authority. 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 end market users place of business during regular
business hours.
G. End-market users
shall:
1. prohibit open burning;
2. provide fire protection at the
location;
3. locate the project
work site:
a. in an area of sufficient size
and terrain to handle the operation; and
b. maintain a minimum distance of 100 feet
from nearby residences, businesses, and/or sensitive receptors, (e.g., schools,
hospitals, clinics, that will be inconvenienced or adversely affected by use of
the site).
H.
Whole waste tires and/or waste tire material shall only be utilized in the
project as approved by the administrative authority.
I. If the approved amount of waste tires
and/or waste tire material delivered exceeds the amount required to complete
the approved project, the end-market user shall notify the administrative
authority in writing within 15 days of completion of the project. The
notification shall include the numbers or weight of waste tires and/or waste
tire material, and a description of how the end-market user intends to address
the unused material.
J. Within 30
days of completion of any end-market use project, the end-market user shall
submit a letter to the administrative authority stating date of completion, the
amount of waste tires and/or waste tire material that was needed to complete
the project, and amount of unused material.
K. The administrative authority may, for
cause, review, suspend, modify, and/or revoke an End-Market Use project
authorization by giving the end-market user a five day written notice of its
intent to take the intended action, and allowing the end-market user an
opportunity to demonstrate why the intended action should not be
taken.
L. International End-Market
Use Projects
1. Permitted processors shall
submit an end-market use application in accordance with LAC 33:VII.10515 and
receive written authorization from the administrative authority prior to
shipping waste tire material internationally. The information described in LAC
33:VII.10515.A.12 and 13 is not required in applications for international
end-market use projects. However, the application shall include a copy of the
contract/agreement with the international market which specifies the amount of
waste tire material to be sent to the market. Only the permitted processor
shall be required to sign the application.
2. International end-market use projects are
not subject to the requirements of Subsections C-H, J, K, and L of this
Section.
3. Approved international
end-market users are not required to apply for and obtain authorization as high
volume end use facilities.
4. In
the event the end-market use project is cancelled prior to the waste tire
material leaving the port, processors shall promptly remove it and either
properly dispose of it or find another approved end market use for the waste
tire material. In any case, the use of 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 waste tire material,
he shall reimburse the waste tire management fund for any payments received for
the waste tire material.
5.
Processors shall only deliver to the port waste tire material in the amount
approved by the administrative authority and shall not deliver waste tire
material in anticipation, or prior to approval, of international end-market use
projects. Processors violating this provision shall promptly remove any
improperly delivered waste tire material and either properly dispose of and/or
find another approved end market use for the waste tire material. In any case,
the use of improperly delivered 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 waste tire material, he
shall reimburse the waste tire management fund for any payments received for
the disposed waste tire material.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2411 et
seq.
