La. Admin. Code tit. 33 § VII-10517

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

Section VII-10517 - Standard Waste Tire Processor Permit Applications

A. Each applicant requesting a standard permit for a waste tire processing facility shall complete the permit application and submit it to the administrative authority. In addition, the standards in LAC 33:VII.10525 shall be incorporated into the appropriate application requirements. The permit application shall include:

1. the name, address, and phone number of the applicant;

2. the name and phone number of the facility contact, if different from the applicant;

3. the name and phone number of a contact person in case of an emergency, if different from the individual specified in Paragraph A.2 of this Section;

4. the business mailing address, including city, state, parish, and zip code;

5. the location and address of the processing facility;

6. the business telephone number;

7. the federal identification number and state tax identification number;

8. a site master plan, including property lines, buildings, facilities, excavations, drainage, roads, and other components of the processor site employed;

9. a copy of written notification to the appropriate local governing authority, stating that the site is to be used as a waste tire processing facility;

10. written documentation from the appropriate local governing authority, stating that the facility is in compliance with local zoning and permitting requirements;

11. written documentation from the property owner granting approval for use of property as a waste tire processing facility, if property owner is other than applicant;

12. proof of publication of Notice of Intent to submit an application for a standard waste tire processing facility permit;

13. a letter of compliance and certification of premises and buildings from the state fire marshal;

14. an operational plan addressing the following:

a. facility access and security;

b. waste tire acceptance plan to count, record, and monitor incoming quantities of waste tires;

c. method to control water run-on/runoff;

d. days and hours of operation;

e. waste tire storage method in detail:

i. dimensions of waste tire piles;

ii. maximum number of waste tires and volume of waste tire material to be stored at any one time;

iii. width of fire lanes;

iv. method of storage to exclude standing water;

v. type of access roads; and

vi. emergency control plans in case of fire or accident, etc.;

f. a detailed description of the waste tire processing method to be used, including daily capacity and technical support to determine daily capacity, such as the processing capacity of the limiting piece of processing equipment;

g. site grounds maintenance and disease vector control to minimize vector-breeding areas and animal attraction:

i. controlling fly, mosquito, and other insect emergence and entrance;

ii. controlling rodent burrowing for food or harborage; and

iii. controlling bird and animal attraction;

h. buffer zones; and

i. method to control and/or treat any process water;

15. evidence of commercial general liability insurance in the amount of no less than $1 million applicable to on-site and off-site liability provided by an insurer who is admitted, authorized, or eligible to conduct insurance business in Louisiana;

16. site closure plan to assure clean closure. The closure plan must be submitted as a separate section with each application to ensure clean closure, and include the following:

a. the method to be used and steps necessary for closing the facility;

b. the estimated cost of closure of the facility, based on the cost of hiring a third party to close the facility at the point in the facilitys operating life when the extent and manner of its operation would make closure the most expensive;

c. the maximum inventory of whole waste tires and waste tire material on-site at any one time over the active life of the facility;

d. a schedule for completing all activities necessary for closure; and

e. the sequence of final closure as applicable;

17. site closure financial assurance fund;

18. plans, specifications, and operations represented and described in the permit application or permit modifications shall be prepared under the supervision of and certified by a professional engineer licensed in the state of Louisiana;

19. a signed legal certification that all information provided in the application is true and correct with the knowledge of the possibility of punishment under the law for false information;

20. date and signature of responsible official;

21. name of authorized agent for service of process, if applicable; and

22. required information regarding facility site assessments as follows:

a. a discussion demonstrating that the potential and real adverse environmental effects of the facility have been avoided to the maximum extent possible;

b. a cost-benefit analysis demonstrating that the social and economic benefits of the facility outweigh the environmental-impact costs;

c. a discussion and description of possible alternative projects that would offer more protection to the environment without unduly curtailing non-environmental benefits;

d. a discussion of possible alternative sites that would offer more protection to the environment without unduly curtailing non-environmental benefits; and

e. a discussion and description of the mitigating measures which would offer more protection to the environment than the facility, as proposed, without unduly curtailing non-environmental benefits.

B. Mobile Processors

1. Submission of the following information shall be provided on the application, which is available on the departments website:

a. waste tire processor information which includes:

i. processors name;

ii. processors LDEQ facility number;

iii. processors agency interest (AI) number;

iv. processors contact name; and

v. processors contact telephone number;

b. processing site location(s) information for each site, where mobile processing will be conducted, during the authorization period denoted on the certificate shall include:

i. type of location(s) listed on the waste tire mobile processor application form;

ii. processing location address/physical description, city, and parish;

iii. location LDEQ facility number;

iv. location agency interest (AI) number;

v. location contacts name and telephone number; and

vi. federal and state tax identification numbers for the person where the mobile processing equipment will be operating, if applicable;

c. payment information shall be as specified in LAC 33:VII.10535;

d. a description of each vehicle, truck, trailer, and/or processing unit which will be used by the applicant for the processing of waste tires shall include the make, model, year, license number, and name of registered owner if different from that of the processor;

e. evidence of commercial general liability insurance shall be no less than $1 million applicable to on-site and off-site liability provided by an insurer who is admitted, authorized, or eligible to conduct insurance business in Louisiana; and

f. certification by the applicant that all information provided in the application is true and correct with the knowledge of the possibility of punishment under the law for false information.

C. Government Agencies. Government agencies intending to operate waste tire processing equipment for the purposes of volume reduction shall notify the administrative authority on a form available on the departments website and shall not be required to obtain a standard waste tire processing permit, provided that the requirements of LAC 33:VII.10525.J are met.

La. Admin. Code tit. 33, § VII-10517

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:39 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2776 (December 2000), LR 27:830 (June 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2502 (October 2005), LR 33:2158 (October 2007), Amended by the Office of the Secretary, Legal Division LR 42253 (2/1/2016).

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