La. Admin. Code tit. 33 § VII-10307

Current through Register Vol. 50, No. 9, September 20, 2024

Section VII-10307 - Development of Local Plan

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.

2. Such plan shall be reviewed at least annually by the local governing institution that prepared the plan and the department with the following conditions:

a. revisions or modifications must be submitted to the department when applicable according to these regulations; and

b. an annual progress report must be submitted to the Office of Environmental Services no later than December 31 of each year after submittal and approval.

3. Adequate public notice shall be given by the local governing bodies of the preparation, development, implementation, and annual review of such plan in combination with the following.

a. Each parish shall provide written notice of the following to all municipalities within the parish which are not directly involved with plan development:

i. when the recycling program development begins;

ii. periodic progress reports concerning the preparation of the recycling program;

iii. the availability of the plan for review and comment;

iv. the development of any revisions or modifications to the plan; and

v. the availability of the modified plan for review and comment.

b. Each parish shall seek the input, during the entire planning process, of the general public and/or persons engaged in recycling, waste reduction, and solid waste collection and disposal.

c. Each parish in conjunction with its municipalities is encouraged to inform residents of the full cost of solid waste management.

4. Local governments are encouraged to give consideration to and involve for-profit and non-profit, organizations engaged in collection, marketing, and disposition of recyclable materials in the implementation of such plans.

B. Measurement and Reporting

1. The following credits may be earned in attaining the 25 percent reduction goal.

a. Waste reduction totals resulting from composting, recycling or resource recovery shall be based on the actual volume or tonnage percentage of waste reduction, provided that at least three recycling approaches are utilized (including, but not limited to waste tire recycling, composting, curbside recycling, buyback centers, dropoff centers, etc.).

b. No credit may be earned from volume or weight reductions due to the incineration process, unless this process is part of a waste-to-energy program and does not have a negative impact on the recycling program.

c. Separation of recyclables before incineration may receive credit for volume or weight reduction toward the 25 percent reduction goal.

C.

1. The cost of solid waste management within the service area of the parish and for each municipality within the plan (if solid waste is managed by the municipality) must be determined on an annual basis. The cost determination should include:

a. facilities cost (construction, land, etc.);

b. collection;

c. transportation;

d. disposal;

e. recycling;

f. maintenance and monitoring.

2. The cost information should be made available to residents within the parish or municipal service area.

La. Admin. Code tit. 33, § VII-10307

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:35 (January 1992), repromulgated LR 18:164 (February 1992), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2537 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2502 (October 2005), LR 33:2157 (October 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2411-2422.