La. Admin. Code tit. 33 § VII-10519

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

Section VII-10519 - Standards and Responsibilities of Waste Tire Generators and Sellers of Tires

A. Within 30 days of commencement of business operations or when requested by the administrative authority, generators of waste tires that store more than 20 whole waste tires and/or persons who sell tires shall notify the administrative authority of their existence and obtain a generator identification number. The identification number shall be obtained by the generator prior to initiating a waste tire manifest. Notification shall be on a form available on the departments website.

B. Tire dealers must accept from the purchaser, at the time of purchase, one waste tire for every tire sold, unless the purchaser elects to retain the waste tire. Tire dealers may accept additional waste tires from the customer; however, the additional tires are considered program ineligible waste tires and shall be documented on the waste tire manifest as ineligible waste tires.

C. Each tire dealer doing business in the state of Louisiana shall be responsible for the collection of the $2.25 waste tire fee upon the sale of each passenger/light truck tire, $5 waste tire fee upon the sale of each medium truck tire, and $10 waste tire fee upon the sale of each off-road tire. For recapped or retreaded tires, a waste tire fee of $1.25 shall be collected upon the sale of each recapped or retreaded tire. These fees shall also be collected upon replacement of all recall and adjustment tires. These fees shall be collected whether or not the purchaser retains the waste tires. The department does not require the collection of fees on the sale of tires weighing 500 pounds or more, solid tires, or tires which are de minimis in nature, including but not limited to lawn mower tires, bicycle tires, and golf cart tires.

D. Each dealer of passenger/light truck tires, medium truck tires, or off-road tires shall:

1. remit all waste tire fees as required by LAC 33:VII.10535.B to the administrative authority on a monthly basis on or before the twentieth day following the month during which the fees were collected. The fees shall be remitted to the Office of Management and Finance;

2. submit with the waste tire fees, the monthly waste tire fee report (Form WT02, available from the Office of Management and Finance) to the Office of Management and Finance on or before the twentieth day of each month for the previous month's activity, including months in which no fees were collected;

3. keep and preserve records as may be necessary to readily determine the amount of fee due. Each dealer shall maintain a complete record of the quantity of tires sold, together with tire sales invoices, purchase invoices, inventory records, and copies of each monthly waste tire fee report for a period of no less than five years; and

4. maintain the required records in accordance with LAC 33:VII.10509.H.

E. In any case where a tire dealer has failed to report and remit the waste tire fee to the administrative authority, and the dealers records are inadequate to determine the proper amount of fee due, or in any case where a grossly incorrect report or a report that is false or fraudulent has been submitted by the tire dealer, the administrative authority shall have the right to estimate and assess the amount of the fee due, along with any interest accrued and penalties. The burden to demonstrate to the contrary shall rest upon the tire dealer.

F. Tire dealers shall prominently display to the public sector the notification provided by the administrative authority indicating that:

1. "It is unlawful for any person to dispose, discard, burn, or otherwise release waste tires to the environment in a manner in contravention to the Louisiana Solid Waste Regulations. A fine of up to $32,500 per day per violation may be imposed on any company or individual who violates these rules and regulations."

2. "All Louisiana tire dealers are required to collect a waste tire cleanup and recycling fee from the consumer at the time of the retail sale of $2.25 for each passenger/light truck tire, $5 for each medium truck tire, $10 for each off-road tire, and $1.25 for recapped or retreaded tires. These fees shall also be collected upon replacement of all recall and adjustment tires. Tire fee categories are defined in the Waste Tire Regulations. This fee must be collected whether or not the purchaser retains the waste tires. Tire dealers must accept from the purchaser, at the time of sale, one waste tire for every tire sold, unless the purchaser elects to retain the waste tire. The department does not require the collection of fees on the sale of tires weighing 500 pounds or more, solid tires, or tires which are de minimis in nature, including but not limited to lawn mower tires, bicycle tires, and golf cart tires."

G. The waste tire fee established by R.S. 30:2418 shall be listed on a separate line of the retail sales invoice and identified as the "LDEQ waste tire fee." The LDEQ waste tire fee shall not include any additional fees. No tax of any kind shall be applied to this fee.

H. Generators of waste tires, required to register in accordance with LAC 33:VII.10519.A, shall comply with the manifest requirements of LAC 33:VII.10534.

I. For all waste tires collected and/or stored, generators shall provide:

1. a cover adequate to exclude water from the waste tires;

2. vector and vermin control; and

3. means to prevent or control standing water in the storage area.

J. Generators of waste tires, required to register in accordance with Subsection A of this Section may store waste tires up to 120 days after receipt or generation. However, a registered generator of waste tires may store waste tires a maximum of 365 days, provided:

1. the storage is solely for the purpose of accumulating such quantities as are necessary for cost effective transportation and processing; and

2. documentation supporting the storage period and the quantity generated is made available at the generators facility for audit and/or inspection.

K. No more than 150 tires shall be stored at the generators place of business at one time, unless stored indoors or in a transportable collection container.

L. No tire dealer shall allow the removal of waste tires from his place of business by anyone other than an authorized transporter, unless the tire dealer generates 50 or less waste tires per month from the sale of 50 tires. In this case, the tire dealer may transport up to 20 waste tires to a permitted processing facility.

M. A generator or tire dealer who ceases operation at the registered location shall notify the administrative authority in writing within 10 days of the date of the closure or relocation of the business. This written notice shall include information regarding the location and accessibility of the records required by Subsections D, O, and/or P of this Section, as applicable.

N. Waste tires shall be segregated from any usable tires.

O. All tire wholesalers shall maintain records of all tire sales made in Louisiana. These records shall contain the name and address of the purchaser, the date of the purchase, the number of tires purchased, and the type and size of each tire purchased. These records shall be maintained by tire wholesalers for a minimum of five years and shall be made available for audit and/or inspection at their place of business during regular business hours.

P. All generators of waste tires, required to register in accordance with Subsection A of the Section, and not required to collect fees, shall maintain a complete record of purchase invoices, inventory records, and sales invoices for a period of no less than five years.

Q. In addition to the applicable requirements of this Section, qualified scrap or salvage yards shall make available to the administrative authority the register of business transactions as required by R.S. 32:784(A), and also maintain a record of the number of tires recovered from Louisiana-titled vehicles, which tires are resold. These records shall be maintained for a minimum of five years and shall be made available for audit and/or inspection at their place of business during regular business hours.

R. All persons required to register in accordance with Subsection A of this Section, shall notify the administrative authority when any information provided on the notification form changes. Only changes in mailing address, telephone number, and contact name may be made by submitting the corrections on the monthly waste tire fee report Form WT-02. All other corrections shall be submitted within 10 days of the change on a new waste tire generator notification form.

La. Admin. Code tit. 33, § VII-10519

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:40 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2777 (December 2000), LR 27:830 (June 2001), LR 27:2227 (December 2001), LR 28:1953 (September 2002), LR 29:1818 (September 2003), LR 29:2780 (December 2003), amended by the Office of Environmental Assessment, LR 31:1323 (June 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2503 (October 2005), LR 33:90 (January 2007), LR 33:2158 (October 2007), Amended by the Office of the Secretary, Legal Division, LR 42255 (2/1/2016), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, amended LR 45660 (5/1/2019).

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