reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 103 - Recycling and Waste Reduction Rules › Section VII-10307 - Development of Local Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  parish, in conjunction with its municipalities, shall submit to the department
				  for its approval a plan for attaining a 25 percent waste reduction goal by
				  December 31, 1992.
1. All parishes and major
				  municipalities shall have implementation plans on file. Such a plan shall, at a
				  minimum contain the following:
a. proposed
				  educational programs;
b. recycling
				  programs;
c. incentives to promote
				  recycling and waste reduction;
d.
				  review of recycling products, markets and backup markets;
e. review of existing recycling programs
				  (public and private);
f.
				  contingency measures, if necessary in case of an emergency; and
g. a mathematical formula on how the parish,
				  in conjunction with its municipalities intends to calculate the percentage of
				  waste reduction. Two acceptable methods are as follows.
METHOD ONE
A = waste reduction total (tons).
% reduction = A / A+B X 100
(Waste Reduction Total must be determined as provided in
					 LAC 33:VII.10307.B.1.a.)
B = total waste landfilled (tons)
METHOD TWO
% Reduction = 100% - Z
Z = X / Y X 100
X = current year tonnage landfilled.
Y = tonnage landfilled in base year (1989 or another year
					 approved by the administrative authority).
Note: If only volume measurements are available the
					 conversion factor to tons for household garbage is 3.5 cubic yards of household
					 garbage = 1 ton.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 103 - Recycling and Waste Reduction Rules › Section VII-10309 - List of Recyclers and Recyclable Materials

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall compile, publish, and
				  provide upon request a list of recyclers including their name, address and the
				  materials recycled. The list shall be reviewed and updated annually as
				  needed.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:2411-2422.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 103 - Recycling and Waste Reduction Rules › Section VII-10311 - Recycling Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective
				  January 1, 1993, a tipping fee of $0.20 per ton of waste entering a solid waste
				  management facility is hereby established to support local recycling programs.
				  The administrative authority may waive the fee for any solid waste management
				  facility that reaches the 25 percent waste reduction goal and meets the
				  criteria established herein. In the event that it is determined by the
				  administrative authority that a parish and its major municipalities have failed
				  to achieve the 25 percent waste reduction goal by January 1, 1993, a tipping
				  fee may be imposed by the secretary. This fee shall not exceed $0.20 per ton
				  and shall apply to all solid waste generated within the parish that is not
				  recycled or reused. The proceeds of the fee shall be used to administer the
				  provisions of Act 185. The portion of the proceeds which is allocated to the
				  department shall be applied to actual costs of any program developed pursuant
				  to Act 185. The remainder of any fee shall be reimbursed to the payee for use
				  in recycling programs.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:2411-2422.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 103 - Recycling and Waste Reduction Rules › Section VII-10313 - Standards Governing the Accumulation of Recyclable Materials

Current through Register Vol. 50, No. 6, June 20, 2024
A. The speculative
				  accumulation of recyclable materials is prohibited. Recyclable materials
				  subject to the speculative accumulation prohibition are those materials that:
1. are not exempt from regulation as a solid
				  waste by federal or state regulations and/or statutes;
2. otherwise meet the definition of solid
				  waste; and
3. are not in compliance
				  with standards governing solid waste accumulation and storage set forth in LAC
				  33:VII.503 (e.g., such materials have been stored for more than one year
				  without approval from the Office of Environmental Compliance).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 104 - Credit for New Recycling Manufacturing or Process Equipment and/or Service Contracts › Section VII-10401 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  regulations are hereby established by the Department of Environmental Quality
				  (DEQ) in consultation with the Louisiana Department of Revenue (LDR) as
				  mandated by Act 319 of the 2005 Regular Session of the Louisiana Legislature.
				  These regulations are to establish technical specifications and certification
				  requirements for the qualification of new recycling manufacturing or process
				  equipment and/or service contracts for the credit against income and corporate
				  franchise taxes provided by
				  R.S.
				  47:6005.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:6005.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 104 - Credit for New Recycling Manufacturing or Process Equipment and/or Service Contracts › Section VII-10403 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. These
				  regulations apply to taxpayers who purchase
qualified new recycling
				  manufacturing or process equipment
and/or
qualified service
				  contracts
, as defined in LAC 33:VII.10405 and
				  R.S.
				  47:6005, and who apply for tax credit
				  pursuant to
				  R.S.
				  47:6005.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:6005.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 104 - Credit for New Recycling Manufacturing or Process Equipment and/or Service Contracts › Section VII-10407 - Technical Specifications for Qualified New Recycling Manufacturing or Process Equipment and/or Service Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. In order to qualify for certification as
				  qualified new recycling manufacturing or process equipment and/or a qualified
				  service contract, the equipment and/or service contract must utilize new
				  apparatus used exclusively to process post-consumer waste material and/or
				  involve the processing of post-consumer waste material in a Department of
				  Environmental Quality-approved beneficial use program for nonhazardous
				  industrial solid waste and meet the following requirements:
1. be new machinery or new apparatus used
				  exclusively to process post-consumer waste material, recovered material, or
				  both; or
2. be new manufacturing
				  machinery used exclusively to produce finished products, the composition of
				  which is at least 50 percent post-consumer waste material, recovered material,
				  or both; and/or
3. be a service
				  contract associated with the construction and/or operation of new recycling
				  manufacturing or process equipment implementing a Department of Environmental
				  Quality-approved beneficial use program for industrial solid waste;
				  and/or
4. be new parts required to
				  allow recycling manufacturing to continue for equipment that is a part of a
				  previously-approved certification under these regulations; and
5. be used exclusively in the state of
				  Louisiana.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 104 - Credit for New Recycling Manufacturing or Process Equipment and/or Service Contracts › Section VII-10409 - Application Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Application Form for Equipment and Qualified Service Contracts
1. In order to qualify for the tax credit
				  provided for in this Chapter, the taxpayer shall apply for certification from
				  the Secretary of the Department of Environmental Quality that the new recycling
				  manufacturing or process equipment purchased, and any associated service
				  contract, is
qualified new recycling manufacturing and process
				  equipment
or a
qualified service contract
as defined
				  in LAC 33:VII.10405 and the equipment or service contract will be used or
				  rendered exclusively in the state of Louisiana.
2. In addition to information provided on the
				  application form, the DEQ may require and the applicant shall provide cost
				  estimates, engineering drawings, specifications sheets, and any other documents
				  necessary to establish with sufficient specificity the equipment and/or
				  associated service contract qualifying for the tax credit.
3. In addition to information provided on the
				  application form, the DEQ may require and the applicant shall provide such
				  documentation as may be necessary to establish with sufficient specificity that
				  the post-consumer waste material or recovered material proposed to be recycled
				  is a nonhazardous solid waste under applicable state and federal law and
				  regulations.
4. In addition, the
				  DEQ may request documentation, in the form of bid amounts or other
				  documentation, that a qualified service contract is for a reasonable amount and
				  that the qualified service contract complies with all existing State of
				  Louisiana Code of Ethics provisions, or otherwise complies with all applicable
				  state and federal law and regulations.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 104 - Credit for New Recycling Manufacturing or Process Equipment and/or Service Contracts › Section VII-10411 - Applicant Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Included
				  with the application for certification shall be a statement acknowledging that
				  the applicant shall use a good faith effort to utilize post-consumer waste
				  material or recovered material, or has used the equipment or services
				  contracted for to implement a Department of Environmental Quality-approved
				  beneficial use program for a nonhazardous industrial waste stream, which was
				  generated within the state of Louisiana or was destined to be land-filled
				  within the state.
B. The applicant
				  shall certify to the accuracy of the information contained in the application
				  regarding the equipment or service contract description, the date of purchase,
				  and the cost of the equipment or service contract. The certification shall also
				  state that the equipment and/or service contract is used exclusively in the
				  state of Louisiana and has not previously qualified for a credit pursuant to
				  this Chapter either for the owner or for a previous owner. The certification
				  shall specify the following:
1. the date of
				  purchase of the qualified new recycling manufacturing or process equipment, a
				  description of the equipment, and the cost;
2. the date of the qualified service
				  contract, if any, a description of such contract, and its cost.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 104 - Credit for New Recycling Manufacturing or Process Equipment and/or Service Contracts › Section VII-10413 - Department of Environmental Quality Certification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to certification, the Secretary of
				  the Department of Environmental Quality shall determine that any post-consumer
				  waste material or recovered material proposed to be recycled is a nonhazardous
				  solid waste or nonhazardous industrial solid waste under applicable state and
				  federal law and regulations and/or is being used for a qualified beneficial use
				  approved by the DEQ.
B. The
				  Secretary of the Department of Environmental Quality shall examine the
				  application and, if he determines that the equipment and/or service contract
				  described therein is qualified new recycling manufacturing or process equipment
				  and/or a qualified service contract used or rendered exclusively in the state
				  of Louisiana, shall certify that the equipment and/or service contract is
				  eligible for credit against state income and corporation franchise taxes
				  pursuant to
				  R.S.
				  47:6005.
C. Upon certification, the Secretary of the
				  Department of Environmental Quality shall submit a copy of the signed,
				  certified application to the taxpayer and to the Secretary of the Louisiana
				  Department of Revenue. The secretary shall also submit a copy of the
				  certification to the Commissioner of Administration, who shall approve the
				  certification prior to a credit being granted.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:6005.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 104 - Credit for New Recycling Manufacturing or Process Equipment and/or Service Contracts › Section VII-10415 - Amount of Credit

Current through Register Vol. 50, No. 6, June 20, 2024
A. The maximum
				  total credit related to a purchase of qualified new recycling manufacturing or
				  process equipment and/or a qualified service contract that may be allowable for
				  all taxable periods is 14 percent of the cost of the qualified recycling
				  equipment or qualified service contract, less the amount of any other Louisiana
				  tax credits for the purchase of the equipment or the cost of the service
				  contract. The total tax credits allowed under this Chapter shall be limited to
				  five million dollars per tax year. Example:
Cost of equipment
$1,000,000
X .14
$ 140,000
Less other Louisiana credit on purchase
$ 40,000
Maximum credit for all taxable periods
$ 100,000
B.
				  Fourteen percent of the maximum total credit related to a purchase of qualified
				  recycling equipment and/or a qualified service contract is earned each taxable
				  period in which the equipment or service contract continues to be in use
				  exclusively in the state of Louisiana to a maximum of five periods. Example:
Maximum credit for all taxable periods
$ 100,000
X .14
Credit earned for this taxable period
$ 14,000
B.
				  One-fifth (20 percent) of the maximum total credit related to a purchase of
				  qualified recycling equipment and/or a qualified service contract is earned
				  each taxable period in which the equipment or service contract continues to be
				  in use exclusively in the state of Louisiana to a maximum of five periods.
				  Example:
Maximum credit for all taxable periods
$ 100,000
X .20
Credit earned for this taxable period
$ 20,000
C.
				  The maximum credit that may be claimed for all purchases of qualified recycling
				  equipment and/or qualified service contracts, including carryover of previously
				  earned but unused credits, in any taxable period shall not exceed 50 percent of
				  the tax that would be otherwise due. Example:
Tax otherwise due:
Income tax
$ 12,000
Franchise tax
$ 18,000
Total
$ 30,000
X .50
Maximum credit to be claimed on return
$ 15,000
D.
				  Any unused credit for a taxable period in which a credit is earned may be
				  carried forward to subsequent years until the credit is exhausted.
E. If the qualified recycling equipment is
				  sold or exchanged before the entire credit is claimed, any unearned portion of
				  the credit shall be canceled for all periods following the period of sale. If a
				  qualified service contract is transferred by virtue of a sale of the qualified
				  recycling equipment or otherwise before the entire credit is claimed, any
				  unearned portion of the credit shall be canceled for all periods following the
				  period of the transfer.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:6005.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10501 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The legislature
				  finds that removal of waste tires from the solid waste stream going into
				  landfills currently being utilized for the disposal of solid waste in Louisiana
				  is necessary to protect our environment; prevent nuisances; protect the public
				  health, safety, and welfare; extend the usable life of the facilities; aid in
				  the conservation and recovery of valuable resources; and to conserve energy by
				  efficient reuse of these products, thereby benefiting all citizens of the
				  state.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2411 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10503 - Administration

Current through Register Vol. 50, No. 6, June 20, 2024
A. This program
				  shall be administered by the Department of Environmental Quality.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:2411-2422.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10507 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person,
				  facility, or other entity subject to these regulations that generates,
				  collects, stores, transports, processes waste tires and/or waste tire material,
				  or utilizes waste tires and/or waste tire material in an end-market use
				  project, may petition the administrative authority for an exemption from the
				  waste tire regulations or any portion thereof, when petitions for such are
				  deemed appropriate after consideration of the factors enumerated in
				  Subparagraphs C.2.a and b of this Section as well as any other pertinent
				  factors.
B. The administrative
				  authority shall make a decision whether or not to grant the exemption requested
				  within 60 days from the date on which the request for exemption was filed,
				  unless a longer time period is agreed upon by mutual consent of the applicant
				  and the administrative authority. In no case shall the time period be greater
				  than one year.
C. Each request for
				  an exemption shall:
1. identify the specific
				  provisions of these regulations from which a specific exemption is
				  sought;
2. provide sufficient
				  justification for the type of exemption sought that includes, but may not be
				  limited to, the following demonstrations:
a.
				  that compliance with the identified provisions would impose an unreasonable
				  economic, technologic, safety, or other burden on the person or the public;
				  and
b. that the proposed activity
				  will have no significant adverse impact on the health, safety, and welfare of
				  the public and the environment, and that it will be consistent with the
				  applicable provisions of the Act;
3. include proof of publication of the notice
				  as required in Paragraph D.1 of this Section, except for emergency exemptions;
				  and
4. be considered by the
				  administrative authority on a case-by-case basis and if approved, the
				  administrative authority shall specify the duration of the exemption.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10509 - Prohibitions and Mandatory Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall knowingly and/or
				  intentionally dispose unprocessed waste tires in a landfill within the
				  boundaries of the state of Louisiana.
B. No person shall knowingly dispose,
				  discard, burn, abandon, or otherwise release waste tires or waste tire material
				  to the environment within the boundaries of the state of Louisiana, unless
				  given prior written approval from the administrative authority.
C. Except for waste tires stored at the
				  facilities listed in Paragraphs C.2 and 3 of this Section, all waste tires
				  shall be stored in accordance with LAC 33:VII.10519.H. No person shall store
				  more than 20 whole waste tires unless the tires are:
1. collected and stored at a registered tire
				  dealer, registered used tire dealer, or other registered generator of waste
				  tires;
2. collected and stored at
				  an authorized waste tire transfer station, authorized waste tire collection
				  center, or permitted waste tire processing facility;
3. collected and stored at an authorized
				  end-market use project site; or
4.
				  collected and stored at a location authorized in writing by the administrative
				  authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10511 - Permit System

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permit
				  Requirements
1. Scope. Persons, other than
				  generators and government agencies, operating facilities that collect waste
				  tires and/or process waste tires or waste tire material must secure a permit
				  and are subject to the requirements detailed in these regulations.
2. Types of Permits
a. Temporary Permits. A temporary permit
				  allows continued operation of an existing collection center and/or waste tire
				  processing facility, in accordance with an approved interim operational plan,
				  but does not allow the expansion or modification of the facility without
				  approval of the administrative authority. The administrative authority may
				  issue a temporary permit in the following situations:
i.
order to upgrade
-to allow
				  operations to continue at an existing facility while a standard permit
				  application is being processed; or
ii.
order to close
-to allow
				  operations to continue at an existing facility while a closure plan is being
				  processed or while a facility is being closed in accordance with a closure
				  plan.
b. Standard
				  Permit. The permit issued by the administrative authority to applicants that
				  have successfully completed the standard permit application process.
3. Permit Provisions
a. Permit Duration. A standard permit issued
				  to a processing and/or collection facility shall be valid for five years from
				  the date of issuance. Permit renewal applications shall be submitted no less
				  than 365 calendar days before the expiration date of the standard permit,
				  unless written permission for later filing is granted by the administrative
				  authority. If the renewal application is submitted on or before the deadline
				  above, and the administrative authority does not issue a final decision on the
				  renewal application on or before the expiration date of the standard permit,
				  the standard permit shall remain in effect until the administrative authority
				  issues a final decision.
b.
				  Transfer of Permit. Permits issued pursuant to these regulations are assigned
				  only to the permittee and cannot be transferred, sublet, leased, or assigned,
				  without prior written approval of the administrative authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10513 - Permit Process for Existing and Proposed Facilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicant Public Notice
1. The prospective applicant shall publish a
				  notice of intent to submit an application for a waste tire standard permit.
				  This notice shall be published, 1 to 45 days prior to submission of the
				  application to the administrative authority. This notice shall be published one
				  time as a single classified advertisement in the legal or public notices
				  section of the official journal of this state and in a major local newspaper of
				  general circulation. If the affected area is in the same parish or area as the
				  official journal of the state, a single classified advertisement in the legal
				  or public notices section of the official journal of the state will be the only
				  public notice required.
2. The
				  public notice shall be published in accordance with the form provided in LAC
				  33:VII. 11101, Public Notice Example-Appendix A.
3. Proof of publication of the notice shall
				  be included in all waste tire standard permit applications for existing and
				  proposed facilities submitted to the administrative authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10514 - Submittal Requirements for High Volume End Use Facility Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Facility
				  applicants who utilize whole waste tires and/or waste tire material for
				  projects that require extended storage shall apply to the administrative
				  authority for authorization as a high volume end use facility. Submission of
				  the following information shall be provided on the application, which is
				  available on the departments website:
1. name
				  of the business;
2. mailing address
				  including city, state, zip code, and parish;
3. street address including city, state, zip
				  code, and parish;
4. business
				  telephone number;
5. federal
				  identification number and state tax identification number, if
				  applicable;
6. site master plan
				  including where applicable, property lines, buildings, facilities, excavations,
				  drainage, roads, and other appurtenances;
7. name, address, and phone number of a
				  contact person in case of an emergency, if different from the owner;
8. signature of the responsible official
				  certifying under penalty of law, that all information provided in the
				  application is true, accurate, and complete; and
9. any additional information as requested by
				  the administrative authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10515 - Submittal Requirements for End-Market Use Project Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. A permitted
				  processor requesting approval of an end-market use project shall apply to the
				  administrative authority for approval of each project by completing the
				  end-market use project application available on the departments website. Each
				  application contains the following:
1. name
				  of the permitted processor;
2. name
				  of the end-market user utilizing waste tires and/or waste tire material in the
				  project;
3. mailing address,
				  including city, state, zip code, and parish of the end-market user utilizing
				  waste tires and/or waste tire material in the project;
4. physical address, including city, state,
				  zip code, and parish of the end-market use project site;
5. telephone number of end-market user
				  utilizing waste tires and/or waste tire material in the project;
6. site master plan, including, property
				  lines, buildings, facilities, excavations, drainage, roads, and other elements
				  of the site, if applicable;
7.
				  detailed description of the project including drawings and/or
				  pictures;
8. estimate and
				  calculations of waste tires and/or waste tire material needed to complete the
				  project;
9. estimated dates to
				  start and end the project specified as month, day, and year;
10. description of the material to be
				  replaced and the engineering properties of waste tires and/or waste tire
				  material that provide equivalent or improved performance compared to
				  conventional technologies; and
11.
				  name, address, and phone number of a contact person responsible for the daily
				  operations at the project, in case of an emergency;
12. date and signature of the processor and
				  the end-market user utilizing waste tires and/or waste tire material in the
				  project;
13. designation of the
				  project as a one-time project or as a project that requires extended storage;
				  and
14. any additional information
				  as requested by the administrative authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10516 - Annual Agreements with Waste Tire Processors

Current through Register Vol. 50, No. 6, June 20, 2024
A. Standard permitted waste tire processors
				  may apply to the administrative authority for funding to assist them with waste
				  tire processing and marketing costs. To be eligible for payment, the processor
				  shall enter into an agreement with the administrative authority. The agreement
				  shall be renewed annually and is subject to review at any time by the
				  administrative authority. After review, the administrative authority may, for
				  cause, suspend, revoke, and/or modify the agreement 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.
B. Maximum Payments to
				  Processors
1. The agreement shall contain a
				  provision regarding the amount and requirements for payment. Provided the terms
				  and conditions of the agreement are met, standard permitted processors shall be
				  paid 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
				  project in accordance with LAC 33:VII.10535.F.
2. To be eligible for payment from the waste
				  tire management fund, standard permitted processors shall apply and obtain
				  approval from the administrative authority to market whole waste tires and/or
				  waste tire material. The processor shall submit request(s) on a form available
				  from the administrative authority and shall include all of the requirements of
				  LAC 33:VII.10525.D.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10521 - Standards and Responsibilities of Sellers of Motor Vehicles

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 30 days
				  of commencement of business operations, or when requested by the administrative
				  authority, motor vehicle dealers shall notify the administrative authority of
				  their existence and obtain an identification number. Notification shall be made
				  using the form available on the departments website.
B. Motor vehicle dealers doing business in
				  the state of Louisiana, who sell new vehicles, shall be responsible for the
				  collection from the consumer of the $2.25 waste tire fee for each tire upon the
				  sale of each vehicle with passenger/light truck tires, the $5 waste tire fee
				  for each tire upon the sale of each vehicle with medium truck tires, and the
				  $10 waste tire fee for each tire upon the sale of each off-road vehicle. No fee
				  is collected on the designated spare tire. These fees shall also be collected
				  upon replacement of all recall and adjustment tires. The department does not
				  require the collection of fees on the sale of a vehicle with tires weighing 500
				  pounds or more, solid tires, or tires which are de minimis in nature, including
				  but not limited to lawn mower tires, bicycle tires, and golf cart
				  tires.
C. Dealers of used motor
				  vehicles doing business in the state of Louisiana shall not be subject to this
				  Section. However, dealers of used motor vehicles who buy tires at wholesale and
				  mount them on a used vehicle prior to sale are considered waste tire generators
				  and are subject to the requirements of LAC 33:VII.10519.
D. Motor vehicle dealers shall:
1. remit all waste tire fees as required by
				  LAC 33:VII.10535.B to the administrative authority on a monthly basis on or
				  before the twentieth day following the month during which the fees were
				  collected. The fees shall be remitted to the Office of Management and
				  Finance;
2. submit with the waste
				  tire fees a monthly waste tire fee report (Form WT02, available from the Office
				  of Management and Finance) to the Office of Management and Finance on or before
				  the twentieth day of each month for the previous month's activity, including
				  months in which no fees were collected;
3. maintain and preserve records as may be
				  necessary to readily determine the amount of fee due. Each dealer shall
				  maintain a complete record of the quantity of vehicles sold, together with
				  vehicle purchase and sales invoices, and inventory records, for a period of no
				  less than five years; and
4.
				  maintain the records in accordance with LAC 33:VII.10509.H.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10523 - Standards and Responsibilities of Waste Tire Transporters

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who
				  transports more than 20 waste tires within the state of Louisiana shall comply
				  with all of the requirements for transporters contained in this
				  Section.
B. No person shall
				  transport more than 20 waste tires without a valid transporter authorization
				  certificate and a completed manifest satisfying the requirements of LAC
				  33:VII.10534. The manifest provision shall not apply to state and local
				  governments utilizing vehicles to transport waste tires from rights-of-way to
				  government agency collection centers satisfying the requirements of LAC
				  33:VII.10527.H.
C. Transporter of
				  waste tires shall complete the transporter authorization application form
				  available on the departments website. Along with the application, the
				  transporter shall submit proof of commercial liability insurance and financial
				  responsibility in the form of a surety bond, containing the language provided
				  in LAC 33:VII.1303.D.1 and Section 11103, Appendix B, in a minimum amount of
				  $10,000, or as determined by the secretary, and pay the transporter fees as
				  specified in LAC 33:VII.10535.A. The transporter shall provide other
				  documentation deemed necessary by the administrative authority, to the
				  administrative authority prior to transporting waste tires.
D. Upon satisfying the requirements of
				  Subsection B of this Section and obtaining approval by the administrative
				  authority, the appropriate number of authorization certificates and transporter
				  decals shall be issued. All transporter authorization certificates and
				  transporter decals expire on July 31 of each calendar year. The transporter
				  decals shall be placed in accordance with Subsection H of this Section. The
				  administrative authority may suspend, revoke, or deny transporter authorization
				  certificates for cause. Such cause shall include, but not be limited to:
1. violations of federal or state
				  law;
2. failure to maintain a
				  complete and accurate record of waste tire shipments;
3. falsification of shipping documents or
				  waste tire manifests;
4. delivery
				  of waste tires to a facility not permitted to accept the tires;
5. failure to comply with any rule or order
				  issued by the administrative authority pursuant to the requirements of this
				  regulation;
6. unauthorized
				  disposal of waste tires and/or waste tire material; or
7. collection or transportation of waste
				  tires without a valid transporter authorization.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10524 - Standards and Responsibilities of Waste Tire Transfer Stations

Current through Register Vol. 50, No. 6, June 20, 2024
A. No person shall
				  operate a waste tire transfer station without authorization from the
				  administrative authority. Owners and/or operators of waste tire transfer
				  stations shall:
1. complete the waste tire
				  transfer station authorization form available on the departments website. The
				  form shall be submitted to the administrative authority for review;
2. comply with existing local zoning and
				  comprehensive land-use regulations and ordinances;
3. provide advanced written notice, at least
				  30 days prior to construction/operation, to the parish governing authority
				  whose jurisdiction may be affected, of the intent to operate a waste tire
				  transfer station.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10525 - Standards and Responsibilities of Waste Tire Processors

Current through Register Vol. 50, No. 6, June 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.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10527 - Standards and Responsibilities for Waste Tire Collection Centers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Receipt of Tires
1. All collection center operators shall be
				  responsible for counting the number of tires in each shipment. The collection
				  center shall report monthly on a form available on the departments website. The
				  monthly report shall be submitted to the administrative authority no later than
				  the fifteenth day of each month for the previous months activity, documenting
				  the total number of tires received at the facility along with copies of the
				  unmanifested waste tire log sheets. These records shall be maintained by the
				  collection center for a minimum of five years and shall be made available for
				  audit and/or inspection at the collection centers place of business during
				  regular business hours.
2. Each
				  collection center shall accept no more than five unmanifested waste tires per
				  individual, per day per vehicle. These five tires will be eligible, provided
				  the tires are defined as
program eligible waste tires
. The
				  collection center shall maintain on a form available on the departments
				  website, the unmanifested waste tire log of all unmanifested waste tires. The
				  log shall include, at the minimum, the following:
a. the name, address, phone number, and
				  drivers license number of the person delivering the waste tires;
b. the license plate number with state of
				  origin of the vehicle delivering the tires;
c. the number and type of tires and whether
				  the tires are eligible or ineligible;
d. the date and the signature of the person
				  delivering the tires; and
e. an
				  explanation as to how the waste tires were generated.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10529 - Standards and Procedures for Waste Tire Cleanups

Current through Register Vol. 50, No. 6, June 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;
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10532 - End-Market Uses

Current through Register Vol. 50, No. 6, June 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.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10533 - Project Specifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Civil
				  engineering projects may be approved by the administrative authority on a
				  case-by-case basis. Calculations and/or designs shall be certified by a
				  professional engineer registered in the state of Louisiana, as determined by
				  the administrative authority. Project requests shall include a description of
				  the materials to be replaced and the engineering properties (e.g., strength,
				  permeability, etc.), of the waste tires and/or waste tire material that
				  demonstrate comparable or improved performance to conventional materials.
				  Unless project specifications require otherwise or an alternate design is
				  specified by a professional engineer and approved by the administrative
				  authority, the following requirements shall be met.
1. Landfill Leachate Systems
a. A maximum thickness of 12 inches of tire
				  material shall be used unless otherwise demonstrated by the design engineer.
				  However, in no case shall the thickness of tire material exceed 24
				  inches.
b. Tire chips shall be
				  separated from geomembranes by a minimum of 12 inches earthen material or as
				  approved in the facilitys permit.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10535 - Fees and Fund Disbursement

Current through Register Vol. 50, No. 6, June 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.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10536 - Remediation of Unauthorized Tire Piles (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2411 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10537 - Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Failure to
				  Comply. Failure of any person to comply with any of the provisions of these
				  regulations, the terms and conditions of any permit, other authorization, or
				  order issued by the administrative authority, constitutes a violation of the
				  Act. To address any violation, the administrative authority may issue any
				  enforcement action, including penalties, bring a civil suit as appropriate, or
				  take any other such action as may be necessary and authorized by the Act or
				  rules promulgated by the administrative authority.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2411 et
					 seq.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10539 - Grants and Loans Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The administrative authority may award a grant or loan to a person for any use
				  that serves the purpose of:
1. encouraging
				  market research and the development of products from waste tires that are
				  marketable and provide a beneficial use; and/or
2. promoting those waste tire products that
				  have beneficial use; and
3.
				  assisting in solving the states waste tire problem.