La. Admin. Code tit. 33 § VII-10505
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:
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.
La. Admin. Code tit. 33, § VII-10505