Current through Register Vol. 50, No. 9, September 20, 2024
A.
Permit and Application Fees. Each applicant for the following permits or other
authorization from the administrative authority shall submit with the
application or request a non-refundable fee for the following categories in the
amount specified.
1. Transporter Fees. The
transporter authorization application fee is $250. There will be only one fee
regardless of the number of vehicles in the service of the
transporter.
2. The collection
center permit application fee is $1,000.
3. The mobile processor annual application
fee is $750.
4. The standard
processor permit application fee is $1,563.
5. The permit modification fee is
$125.
6. The high volume end use
facility application fee is $313.
B. A waste tire fee is hereby imposed on each
tire sold in Louisiana, to be collected from the purchaser by the tire dealer
or motor vehicle dealer at the time of retail sale. The fee shall be $2.25 for
each passenger/light truck tire, $5 for each medium truck tire, and $10 for
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. This fee
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 de minimis in nature,
including but not limited to lawn mower tires, bicycle tires, and golf cart
tires.
C. Waste Tire Fee Audits and
Informal Resolution Procedures
1. Audits shall
be undertaken to ensure waste tire generators are in compliance with all
applicable regulations and that all monies owed to the waste tire management
fund are efficiently, effectively, and timely collected and remitted to the
fund.
2. Waste tire generators are
audited for various reasons, including but not limited to, referrals resulting
from department inspections and enforcement issues, waste tire program or
financial services staff collection efforts, and/or research initiated and
performed by the auditors based on various circumstances.
3. Upon a determination that outstanding
waste tire fees are owed, the administrative authority shall mail a written
demand letter and invoice to the generator. The written demand letter shall
include the following:
a. the amount of the
debt owed;
b. a plan of action for
recovery of the debt by the administrative authority;
c. options available to the generator for
repayment of the debt; and
d. the
informal procedures available to the generator by which the written demand
letter, and contents of the invoice including the amount of the debt may be
disputed.
4. Demand
letters and invoices may be disputed by either sending a written dispute letter
to the administrative authority requesting that the invoice be reevaluated, or
by sending a written letter to the administrative authority requesting an
informal meeting with the department to discuss the matter.
a. Written Dispute Process. Within 30
calendar days of the date on the written demand letter, the generator may
dispute the debt by sending a letter to the administrative authority containing
a concise statement, along with any supporting documentation, demonstrating why
the debt is not owed. After a written dispute is received, the administrative
authority will review the dispute, along with any supporting documentation
submitted, and thereafter take any of the following actions:
i. reverse the amount of the debt in dispute
and close the invoice;
ii.
partially reduce the amount of the debt and issue a new written demand letter
and invoice; or
iii. deny the
dispute on grounds that insufficient information has been provided by the
generator and proceed with appropriate department debt collection
efforts.
b. Informal
Dispute Meeting. Within 30 calendar days of the date on the written demand
letter, the generator may dispute the debt by sending a letter to the
administrative authority requesting an informal meeting to discuss the debt.
Upon a determination by the administrative authority that a meeting is
warranted, the administrative authority will notify the generator in writing of
the date, time, and place of the informal meeting. The generator shall bring to
the meeting all supporting documentation, including but not limited to,
receipts, sales invoices, or any other documentation to dispute the debt. After
the meeting, the administrative authority will consider the information
discussed at the meeting, review all supporting documentation, if any,
presented by the generator at the meeting, and thereafter take any of the
following actions:
i. reverse the amount of
the debt in dispute and close the invoice;
ii. partially reduce the amount of the debt
and issue a new written demand letter and invoice; or
iii. deny the dispute on grounds that
insufficient information was provided to dispute the debt and proceed with
appropriate debt collection efforts.
D. The disposition of the fee shall be as
follows.
1. The entire waste tire fee shall be
forwarded to the Office of Management and Finance by the tire dealer and/or
motor vehicle dealer and shall be deposited in the waste tire management
fund.
2. The waste tire fee shall
be designated as follows:
a. a minimum of
seven and a half cents per pound of whole waste tires and/or waste tire
material that is recycled or that reaches an approved end-market use will be
utilized to pay permitted waste tire processors that have entered into a
processor agreement with the administrative authority, and are in compliance
with all applicable requirements of these regulations;
b. a maximum of 10 percent of the waste tire
fees collected may be utilized for program administration; and
c. ten percent of the waste tire fees
collected may be used for the cleanup of unauthorized waste tire piles and
waste tire material.
E. Payments for Processing and Marketing
Waste Tires and Waste Tire Material. Payments made by the state of Louisiana
are meant to temporarily supplement the business activities of processors and
are not meant to cover all business expenses and costs associated with
processing and marketing. Payments shall only be paid to standard permitted
processors under written agreement with the administrative authority in
accordance with LAC 33:VII.10516.
1. No
payments shall be made for waste tires generated outside of the state of
Louisiana.
2. No payments shall be
made for used tires or for tires destined to be retreaded.
3. The payment for marketing or recycling of
waste tire and/or waste tire material shall be a minimum of seven and a half
cents per pound of waste tires and/or waste tire material that is recycled in
accordance with a department approved end-market use. The determination that
waste tires and/or waste tire material is being marketed to an end-market use
shall be made by the administrative authority. This determination may be
reviewed at any time. The processor shall maintain documentation demonstrating
the waste tires and/or waste tire material has been recycled or has reached
end-market use.
4. The payment for
marketing waste tires and/or waste tire material produced by means other than
shredding shall be determined on a case-by-case basis, but shall be a minimum
of seven and a half cents per pound of waste tires and/or waste tire
material.
5. Payments shall be made
to the processor on a monthly basis, after properly completed monthly reports
are submitted by the processor to the administrative authority. Reporting forms
will be provided by the administrative authority.
6. The amount of payments made to each
processor is based on the availability of monies in the waste tire management
fund.
7. All, or a portion, of a
processor's payments may be retained by the administrative authority if the
administrative authority has evidence that the processor is not fulfilling the
terms of the processor agreement and/or the conditions of the processors
standard permit or the standards and requirements of these
regulations.
8. Waste tire material
that was produced prior to January 1, 1998, and for which processing payments
were made are only eligible for the additional $0.15 incentive for marketing
the waste tire material when the material is marketed after December 31,
1997.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
30:2411 et
seq.
