Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part VII - Solid Waste › Subpart 2 - Recycling › Chapter 105 - Waste Tires › Section VII-10505 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  words, terms, and phrases shall have the meanings ascribed to them in this
				  Section, except where the context clearly indicates a different meaning.
Abandoned
-waste tires and/or waste tire
					 material discarded without adhering to the proper disposal or processing
					 standards required by these regulations.
Act
-the Louisiana Environmental Quality
					 Act (R.S. 30:2001 et
					 seq.).
Adjustment Tire
-a tire that becomes
					 unusable for any reason within the manufacturer's control and is returned to
					 the dealer under a tire manufacturers warranty. Tire adjustments are initiated
					 by the consumer.
Administrative Authority
-the secretary of
					 the Department of Environmental Quality or his designee or the appropriate
					 assistant secretary or his designee.
Agreement
-a written contract or other
					 written arrangement between recipient persons and the administrative authority
					 that outlines specific goals or responsibilities.
Applicant
-any person submitting a grant
					 and/or loan application for funds from the waste tire management fund or any
					 person who submits an application to the administrative authority for a
					 standard waste tire processing or collection center permit. An applicant can
					 also be any person applying for authority to operate a high volume end use
					 facility, authority to utilize waste tires and/or waste tire material in an
					 end-market use project, or authority to conduct a single event cleanup.
Authorization Certificate
-written
					 authorization issued by the administrative authority.
Civil Engineering Project
-generally a
					 project that requires designs and/or calculations for the construction or
					 maintenance of the physical environment, such as roads, bridges, canals, dams,
					 and buildings. For purposes of these regulations, civil engineering projects,
					 include but are not limited to, light weight backfill, leachate collection
					 systems in landfill cell construction, or erosion control. Waste tire material
					 used in civil engineering projects shall provide comparable or improved
					 performance to traditional materials. Civil engineering projects do not include
					 land reclamation.
Clean Closure
-the act of closing a
					 facility whereby all waste tires and waste tire material are removed.
Collection Center
-a permitted or
					 authorized facility where waste tires can be stored and/or collected.
Collector
-a person who operates a
					 collection center.
Customary End-Market Uses
-projects that
					 conform with generally accepted standard industry practices, including but not
					 limited to, those recognized by the Environmental Protection Agency, the Rubber
					 Manufacturers Association, or previously approved by the administrative
					 authority e.g., bulkheads, tire derived fuel, and crumb rubber applications, or
					 as otherwise determined by the administrative authority.
Department
-the Department of Environmental
					 Quality as created by
					 R.S.
					 30:2001 et seq.
Destination Facility
-
a
facility where waste tires and/or waste tire material is processed, recycled,
					 collected, stored and/or disposed after transportation.
Disease Vector
-animals and insects such as
					 rodents, fleas, flies, mosquitoes, etc. that are capable of transmitting
					 diseases to humans.
Disease Vector Control Plan
-a plan
					 approved by the administrative authority to control the growth and spread of
					 disease vectors.
Disposal
-the depositing, dumping, or
					 placing of waste tires or waste tire material on or into any land or water so
					 that such waste tires, waste tire material, or any constituent thereof, may
					 have the potential for entering the environment, or being emitted into the air,
					 or discharged into any waters of the state of Louisiana.
Eligible Tire
-see
program eligible
					 waste tires.
End-Market Use Project
-the utilization of
					 whole waste tires and/or waste tire material in a manner approved by the
					 administrative authority.
End-Market User
-any person who uses whole
					 waste tires and/or waste tire material in an end-market use project as approved
					 by the administrative authority. For the purposes of international and
					 out-of-state end-market use projects, end-market user includes a port at which
					 waste tires and/or waste tire material is loaded for transportation by water
					 destined for out-of-state markets.
Extended Storage
-any project which
					 requires storage of more than 5,000 whole waste tires or 2,000,000 pounds of
					 waste tire material at the end of any operational day.
Facility
-any land and appurtenances
					 thereto used for collection, storage, processing, or recycling of whole waste
					 tires and/or waste tire material.
Fraudulent Taking
-Repealed.
Generator
-
a
person whose
					 activities, whether authorized or unauthorized, result in the production of
					 waste tires. This may include, but is not limited to, tire dealers, salvage
					 yards, etc.
Government Agencies
-local, parish, state,
					 municipal, and federal governing authorities having jurisdiction over a defined
					 geographic area.
Government Tire Sweep
-a waste tire
					 collection event authorized by the administrative authority to allow government
					 agencies to collect waste tires for transport to a permitted waste tire
					 processing facility.
Grant
-any funds awarded by the
					 administrative authority from the waste tire management fund to a person
					 subject to a grant agreement.
Grant Agreement
-a written contract or
					 other written agreement between the administrative authority and the recipient
					 of a grant that defines the conditions, goals, and responsibilities of the
					 recipient and the administrative authority.
Grant Application
-an application meeting
					 the requirements of LAC 33: VII. 10541 from a person making a request for a
					 grant from the waste tire management fund.
Grantee
-the recipient of a grant or
					 loan.
High Volume End Use Facility
-a facility at
					 which whole waste tires and/or waste tire material is utilized for projects
					 that require extended storage and have been approved by the administrative
					 authority. This definition also includes ports where extended storage is
					 necessary to facilitate transportation on water to out-of-state and/or
					 international approved end market use projects.
Ineligible Tire
-see
program
					 ineligible waste tire.
Land Reclamation Project
-a project
					 utilizing waste tire material to fill, rehabilitate, improve, or restore
					 existing excavated, deteriorated, or disturbed land for the purpose of
					 enhancing its potential use.
Limiting Piece of Equipment
-that piece of
					 processing equipment that has the lowest daily throughput of waste tires and/or
					 waste tire material, typically the primary shredder, unless a different piece
					 of equipment is otherwise approved by the administrative authority.
Loan
-any issuance of funds by the
					 administrative authority from the waste tire management fund to a person
					 subject to a loan agreement.
Loan Agreement
-a written contract or other
					 written agreement between the administrative authority and the recipient of a
					 loan that defines the conditions, goals, and responsibilities of the recipient
					 and the administrative authority.
Loan Application
-an application meeting
					 the requirements of LAC 33: VII. 10541 from a person making a request for a
					 loan from the waste tire management fund.
Major Highway
-Repealed.
Manifest
-the mechanism provided by the
					 administrative authority, used for identifying the quantity, type, origin,
					 transportation, and destination of waste tires and/or waste tire material from
					 the point of generation to the authorized destination.
Marketing
-the selling and/or transferring
					 of waste tires or waste tire material for recycling in end-market use
					 projects.
Medium Truck Tire
-a tire weighing 100
					 pounds or more and normally used on semi-trailers, truck-tractor, semitrailer
					 combinations or other like vehicles used primarily to commercially transport
					 persons or property on the roads of this state or any other vehicle regularly
					 used on the roads of this state.
Mobile Processor
-a standard permitted
					 processor who has processing equipment capable of being moved from one
					 authorized location to another.
Modification
-any change in a site,
					 facility, unit, process, or operation that deviates from any specification in
					 the permit or other approval from the administrative authority. Routine or
					 emergency maintenance that does not cause the facility to deviate from any
					 specification of the permit or other approval is not considered a
					 modification.
Motor Vehicle
-an automobile, motorcycle
					 that is operated either on-road or off-road, truck, trailer, semitrailer,
					 truck-tractor and semi-trailer combination, or any other vehicle operated in
					 this state, and propelled by power other than muscular power. This term does
					 not include bicycles and mopeds.
Motor Vehicle Dealer
-any person that sells
					 or leases new vehicles that are required to be registered in or are intended
					 for use in the state of Louisiana.
Mounting Services
-the removal and
					 replacement of an unserviceable tire with a serviceable tire purchased at
					 another location and for which the appropriate Louisiana waste tire fee has
					 been collected.
Off-Road Tire
-a tire weighing 100 pounds
					 or more and that is normally used on off-road vehicles.
Off-Road Vehicle
-a vehicle used for
					 construction, farming, industrial uses, or mining, not normally operated on the
					 roads of the state. This term does not include vehicles propelled solely by
					 muscular power.
Passenger/Light Truck/Small Farm Service
					 Tire
-a tire weighing less than 100 pounds and normally used on
					 automobiles, motorcycles that are operated either on-road or off-road, pickup
					 trucks, sport utility vehicles, front steer tractors, and farm implement
					 service vehicles.
Permittee/Permit Holder
-a person who is
					 issued a permit and is responsible for meeting all conditions of the permit and
					 these regulations.
Person
-an individual, trust, firm,
					 joint-stock company, corporation (including a government corporation),
					 partnership, association, state, municipality, commission, political
					 subdivision of the state, interstate body, or the federal government or any
					 agency of the federal government.
Premises
-a unit of land or any portion
					 thereof
Principal Executive Officer
-the chief
					 executive officer of a state or federal agency, or a senior executive officer
					 having responsibility for the overall operations of a principal geographic or
					 functional unit of a state or federal agency (e.g., regional administrators of
					 EPA).
Processing
-any method or activity that
					 alters whole waste tires so that they are no longer whole; such as, cutting,
					 slicing, chipping, shredding, distilling, freezing, or other processes as
					 determined by the administrative authority. At a minimum, a tire is considered
					 processed only if its volume has been reduced by more than half
Processor
-a person that processes waste
					 tires.
Processor Agreement
-a written contract
					 between a permitted processor and the administrative authority that outlines
					 specific requirements and responsibilities and is required for payment to the
					 processor from the waste tire management fund.
Program Eligible Waste Tires
-those waste
					 tires generated within Louisiana for which a processor will be reimbursed by
					 the waste tire management fund. These tires may include, but are not limited
					 to: passenger/light truck/small farm service tires, medium truck tires,
					 off-road tires, golf cart tires, lawn mower tires, and bicycle tires. These
					 tires are only program eligible if they are:
a. originating from an authorized tire dealer
				  upon the replacement of an unserviceable tire with a serviceable tire including
				  tires documented from mounting services;
b. collected during an authorized government
				  tire sweep or authorized site cleanup, except those waste tires defined as
				  program ineligible waste tires;
c.
				  collected by an authorized government collection center, except those waste
				  tires defined as program ineligible waste tires;
d. collected by a permitted collection
				  center, except those waste tires defined as program ineligible waste
				  tires;
e. removed from a Louisiana
				  titled vehicle at a qualified scrap or salvage yard;
f. collected at a permitted processing
				  facility in accordance with LAC 33:VII.10525.B.2, except those waste tires
				  defined as program ineligible waste tires; or
g. otherwise determined by the administrative
				  authority on a case-by-case basis.
Program Ineligible Waste Tire
-a waste tire
					 for which a processor will not be reimbursed from the waste tire management
					 fund. This includes, but is not limited to, tires weighing 500 pounds or more
					 at the time of sale, solid tires, tires purchased from a tire wholesaler for
					 use on fleet vehicles and/or used vehicles for which a fee has not been paid,
					 out-of-state tires, marine bumper tires, purchased used tires that are not
					 suitable for re-sale, tires accepted by retail outlets for which a fee has not
					 been collected, and any other tire not defined as a program eligible waste
					 tire.
Qualified Recycler
-Repealed.
Qualified Scrap
or
Salvage
					 Yard
-any facility that is licensed pursuant to
					 R.S.
					 32:784.
Recall Tire
-a tire that is specified as
					 defective by the manufacturer and returned to the dealer by the consumer so
					 that the dealer may provide a replacement or repair Recalls are initiated by
					 the manufacturer or the federal government.
Recapped
or
Retreaded
					 Tire
-any tire that has been reconditioned from a used tire and sold
					 for use on a motor vehicle.
Recovered Material
-materials which have
					 known recycling potential, can be feasibly recycled, and have been diverted or
					 removed from the solid waste stream for sale, use, or reuse by separation,
					 collection, or processing.
Recycling
-any process by which waste
					 tires, waste tire material, or residuals are used or reused in an end-market
					 use project.
Responsible Corporate Officer
-one of the
					 following persons employed by the corporation: president; treasurer; secretary;
					 vice-president in charge of a principal business function; or any other person
					 who performs similar policy or decision-making functions of the corporation; or
					 the manager of one or more manufacturing, production, or operating facilities,
					 provided that the manager is authorized to make management decisions that
					 govern the operation of the regulated facility, including having the explicit
					 or implicit duty of making major capital investment recommendations and
					 initiating and directing other comprehensive measures to ensure long term
					 environmental compliance with environmental laws and regulations, and can
					 ensure that the necessary systems are established or actions taken to gather
					 complete and accurate information for permit applications or other
					 authorizations as required by the regulations, and the manager has the
					 authority to sign documents assigned or delegated in accordance with corporate
					 procedures. The administrative authority will assume that these corporate
					 officers have the requisite authority to sign permit applications and other
					 authorizations, unless the corporation has notified the administrative
					 authority to the contrary.
Responsible Official
-the person who has
					 the authority to sign a processor agreement, an application for a permit,
					 and/or an application for a high volume end use facility. For corporations,
					 this person shall be a responsible corporate officer. For a partnership or sole
					 proprietorship, this person shall be a partner or the proprietor, respectively.
					 For a municipality, state agency, federal agency, or other public agency, this
					 person shall be a ranking elected official or a principal executive officer of
					 a state or federal agency.
Sale of a Motor Vehicle
-any sale and/or
					 lease of a new motor vehicle that would be required to be registered in or
					 intended for use in the state of Louisiana.
Single Event Cleanup
-the authorized
					 removal of accumulated waste tires from an unauthorized site.
Site
-the physical location, including land
					 area and appurtenances, upon which waste tires and/or waste tire material is
					 located.
Standard Permit
-
a
written
					 authorization issued by the administrative authority to a person for the
					 construction, installation, modification, operation, or closure of facilities
					 or equipment used or intended to be used to process and/or collect waste tires
					 in accordance with the act, these regulations, and specified permit terms and
					 conditions.
Temporary Permit
-a written authorization
					 issued by the administrative authority for a specific amount of time to a
					 person for the construction, installation, operation, or closure of a
					 particular facility used or intended to be used for processing and/or
					 collecting waste tires and/or waste tire material in accordance with the act,
					 these regulations, and specified permit terms and conditions.
Tire
-a continuous solid or pneumatic
					 rubber covering encircling the wheel of a motor vehicle or off-road
					 vehicle.
Tire Dealer
-any person, business, or firm
					 that engages in the sale of tires, including recapped or retreaded tires, for
					 use on motor vehicles.
Tire Wholesaler
-any wholesaler, supplier,
					 distributor, jobber, or other entity who distributes tires to retail dealers in
					 this state or to its own retail establishments in this state.
Transporter
-a person who transports waste
					 tires.
Unauthorized Waste Tire Pile
-an
					 accumulation of more than 20 waste tires whose storage and/or disposal is not
					 authorized by the administrative authority.
Unmanifested Waste Tire
-a waste tire
					 transported without a waste tire manifest.
Used Tire
-a tire that can be salvaged and
					 sold as a functional motor vehicle tire consistent with definitions and
					 standards contained in the Louisiana Department of Public Safety
					 regulations.
Used Tire Dealer
-any person, business, or
					 firm that engages in the sale of used tires for use on motor vehicles.
Waste Tire
-a whole tire that is no longer
					 suitable for its original purpose because of wear, damage, or defect and/or has
					 been discarded by the consumer.
Waste Tire Generation
-Repealed.
Waste Tire Material
-recovered material
					 produced from whole waste tires which have been processed, unless abandoned or
					 otherwise improperly disposed of in a manner that subjects the material to the
					 solid waste regulations.
Waste Tire Transfer Station
-an authorized
					 facility where whole waste tires are stored for longer than 24 hours and at
					 which the tires are accumulated as part of the transportation process and are
					 transferred directly or indirectly from transportation vehicles to other
					 vehicles and/or storage containers, for transportation without
					 processing.