La. Admin. Code tit. 33 § VII-10313

Current through Register Vol. 50, No. 6, June 20, 2024

Section VII-10313 - Standards Governing the Accumulation of Recyclable Materials

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).

B. A recyclable material is not speculatively accumulated, however, if:

1. the person or entity accumulating the material can demonstrate that the material is potentially recyclable, recoverable, and/or reclaimable and has a feasible means of being recycled, recovered, and/or reclaimed; and that-during the calendar year (commencing on January 1)-the amount of material that is recycled, recovered, and/or reclaimed on-site and/or sent off-site for recycling equals at least 50 percent by weight or volume of the amount of the material accumulated at the beginning of the period. In calculating the percentage of turnover, the 50 percent requirement shall be applied to only material of the same type and that is recycled and in the same manner;

2. the administrative authority approves storage of the recyclable material for a period in excess of one year, even though the requirements of Paragraph 1 of this Subsection are not met; or

3. the administrative authority otherwise exempts the recyclable material from the standards provided in this Section.

C. The burden of demonstrating that recyclable materials are not being speculatively accumulated shall rest on the person or entity accumulating the materials. Persons or entities accumulating recyclable materials for use, reuse, or recycling shall:

1. be able to demonstrate, to the satisfaction of the administrative authority, their intent to use, reuse, or recycle the materials and that a current or reasonably anticipated future market (or demand) for the use, reuse, or recycling of the material exists;

2. maintain records (e.g., manifests/trip tickets for disposal; bills of sale for materials) specifying the quantities of recyclable materials generated, accumulated and/or transported prior to use, reuse, or recycling; and

3. maintain records (e.g., manifests/trip tickets for disposal; bills of sale for materials) demonstrating the amount (by weight or volume) of materials used, reused, or recycled.

D. Recyclable materials that are accumulated prior to being recycled shall be stored in an environmentally sound manner and releases to air, water and land shall be minimized to the maximum extent possible.

La. Admin. Code tit. 33, § VII-10313

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 37:3260 (November 2011), amended by the Office of the Secretary, Legal Division, LR 40:301 (February 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular R.S. 30:2154.