Current through Register Vol. 50, No. 9, September 20, 2024
A. All shipments, other than those
transported in authorized government vehicles transporting waste tires from
rights of way to a government agency collection center satisfying the
requirements of LAC 33:VII.10507.B, of more than 20 waste tires shall be
accompanied by a waste tire manifest provided by the administrative authority
and executed in accordance with this Section. Generators offering tires for
transport in Louisiana that are ineligible, as defined in LAC 33:VII.10505,
shall clearly label such tires as ineligible on the manifest.
B. The generator waste tire manifest flow is
as follows.
1. Prior to the tires leaving the
facility, the generator initiates the manifest (original and at least five
copies), by completing all of section 1 and designating the processing facility
in section 4. After the transporter signs the manifest, the generator retains
one copy for his files, and the original and all other copies accompany the
waste tire shipment. Upon receipt of the waste tires, the transporter completes
the section 2, transporter 1 information. If applicable, upon surrender of the
shipment to a second transporter, the second transporter completes the section
2, transporter 2 information. After transporter 2 signs the manifest,
transporter 1 retains his copy of the manifest.
2. The transporter secures the signature of
the designated processing facility operator upon delivery of waste tires to the
designated processing facility. The transporter retains one copy for his files
and gives the original and remaining copies to the designated processing
facility operator.
3. The
designated processing facility operator completes section 4 of the generator
waste tire manifest and retains a copy for his files. The designated processing
facility operator shall submit the original manifest to the administrative
authority with the monthly processor report. The designated processing facility
shall provide completed copies of the generator waste tire manifest to the
appropriate waste tire generator within 30 days of the origination date of the
manifest.
4. Generators,
transporters, and processors shall certify that the information submitted in
the generator manifest is true and correct to the best of his
knowledge.
5. A generator who does
not receive a copy of the manifest with the handwritten signature of the owner
or operator of the designated processing facility within 30 days of the date
the waste tires were accepted by the initial transporter must contact the
transporter and/or the owner or the operator of the designated processing
facility to determine the status of the shipment.
6. A generator must submit to the
administrative authority written notification, if he has not received a copy of
the manifest with the handwritten signature of the designated processing
facility operator within 45 days of the date the shipment was accepted by the
initial transporter. The notification shall include:
a. a legible copy of the manifest for which
the generator does not have confirmation of delivery; and
b. a cover letter signed by the generator
explaining the efforts taken to locate the shipment and the results of those
efforts.
7. Upon
discovering a discrepancy of 10 percent or greater in the number or type of
tires in the load, the designated processing facility shall attempt to
reconcile the discrepancy with the generator(s) or transporter(s). The
processing facility operator must submit to the administrative authority, as
part of their monthly report, electronic files containing an itemized list of
generator/processor manifests, describing in detail the discrepancy and
attempts to reconcile it and a copy of the manifest(s). After the discrepancy
is resolved, a corrected copy shall be sent to the administrative
authority.
8. Completed manifests
shall be maintained by the generator, transporter(s), and processor for a
minimum of five years and shall be made available for audit and/or inspection
at the generators place of business during regular business hours.
C. The processor waste tire
manifest flow is as follows.
1. The processor
initiates the processors waste tire manifest (original and five copies), by
completing all of section 1 and section 3. After the transporter signs the
manifest, the processor retains one copy for his files, and the original and
all other copies accompany the waste tire material shipment. Upon receipt of
the waste tire material, the transporter completes the section 2
information.
2. The transporter
secures the signature of the designated destination facility operator upon
delivery of the waste tire material. The transporter retains one copy for his
files and gives the original and remaining copies to the designated destination
facility operator.
3. The
designated destination facility operator completes section 4 of the processors
waste tire manifest and retains a copy for his files and shall provide
completed copies to the appropriate waste tire processor within 30 days of the
origination date of the manifest. The processor shall submit the original
manifest to the administrative authority, with the monthly report.
4. Processors, transporters, and end-market
users shall certify that the information submitted in the processor manifest is
true and correct to the best of his or her knowledge.
5. A processor who does not receive a copy of
the manifest with the handwritten signature of the owner/operator of the
designated destination facility within 30 days of the date the whole waste
tires and/or waste tire material was accepted by the initial transporter must
contact the transporter and/or the owner/operator of the designated destination
facility to determine the status of the shipment.
6. The processor must submit a written
notification to the administrative authority if he has not received a copy of
the manifest with the handwritten signature of the designated destination
facility operator within 45 days of the date the shipment was accepted by the
transporter. The notification shall include:
a. a legible copy of the manifest for which
the processor does not have confirmation of delivery; and
b. a cover letter signed by the processor
explaining the efforts taken to locate the shipment and the results of those
efforts.
7. Upon
discovering a discrepancy on the processors waste tire manifest, the processor
must attempt to reconcile the discrepancy with the transporter or designated
destination facility operator. The processor must submit to the administrative
authority, as part of their monthly report, electronic files containing an
itemized list of generator/processor manifests, describing in detail the
discrepancy and attempts to reconcile it and a copy of the manifest(s). After
the discrepancy is resolved, a corrected copy is to be sent to the
administrative authority.
8.
Completed manifests shall be maintained by the processor, transporter, and
destination facility for a minimum of five years and shall be made available
for inspection and/or audit at their place of business during regular business
hours.
9. All shipments of waste
tires and/or waste tire material shall be accompanied by a manifest provided by
the administrative authority and executed in accordance with this Section. Tire
material transported into Louisiana that is ineligible shall be clearly labeled
ineligible on the manifest.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:2411 et
seq.