La. Admin. Code tit. 33 § VII-10524

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

Section VII-10524 - Standards and Responsibilities of Waste Tire Transfer Stations

A. No person shall operate a waste tire transfer station without authorization from the administrative authority. Owners and/or operators of waste tire transfer stations shall:

1. complete the waste tire transfer station authorization form available on the departments website. The form shall be submitted to the administrative authority for review;

2. comply with existing local zoning and comprehensive land-use regulations and ordinances;

3. provide advanced written notice, at least 30 days prior to construction/operation, to the parish governing authority whose jurisdiction may be affected, of the intent to operate a waste tire transfer station.

B. Authorization Duration. A waste tire transfer station authorization issued under this Section shall be valid for two years from the date of issuance. Waste tire transfer stations with an effective authorization shall submit to the administrative authority a new authorization application, following the process as contained in this Section, at least 90 calendar days before the expiration date of the authorization, unless written permission for later submission is granted by the administrative authority. If the renewal application is submitted on or before the deadline above, and the administrative authority does not issue a final decision on the renewal application on or before the expiration date of the authorization, the existing authorization shall remain in effect until the administrative authority issues a final decision on the renewal authorization.

C. The administrative authority may, for cause, suspend, revoke, and/or modify this authorization by giving the owner and/or operator a 60 day written notice of its intent to take the intended action, and allowing the owner and/or operator an opportunity to demonstrate why the intended action should not be taken.

D. No processing or disposal shall occur at a waste tire transfer station.

E. Tires shall not be stored at the waste tire transfer station for more than 10 days after the initiation of the manifest by the generator.

F. Waste tires shall be stored in locked containers or trailers which prevent the collection of rainwater. These storage containers shall remain locked at all times to prevent unauthorized access.

G. Manifests for the waste tires at the facility shall be maintained in a secure manner at the transfer station until such time that the tires represented on the manifest are transported to a permitted processor. Manifests shall be made available upon inspection and/or audit.

H. Waste tire transfer stations are only allowed to receive waste tires from authorized transporters.

I. Owners and operators of waste tire transfer stations shall notify the administrative authority in writing within 10 days of the date of the closure or relocation of the facility. No less than 10 days prior to closure or relocation of the transfer station, all waste tires shall be removed from the transfer station and transported to a permitted processing facility.

J. Signs shall be prominently posted to discourage promiscuous dumping at the waste tire transfer station.

K. Notwithstanding the provision in Subsection F of this Section, persons operating a waste tire transfer station intending to store waste tires on the ground shall comply with the following requirements.

1. A buffer zone of not less than 50 feet between the facility and the property line shall be established and maintained. A reduction in the buffer zone requirements shall be allowed only with permission, in the form of a notarized affidavit, from all landowners having an ownership interest in property located less than 50 feet from the facility. The facilitys owner or operator shall enter a copy of the notarized affidavit(s) in the conveyance records of the parish or parishes in which the landowners properties are located. The affidavit(s) shall be maintained with the records of the facility. No storage of waste tires shall occur within the facilitys buffer zone.

2. Security shall be provided for the facility in the form of a fence surrounding the facility to prevent unauthorized ingress or egress except by willful entry. During operating hours, each facility entry point shall be continuously monitored, manned, or locked. During non-operating hours, each facility entry point shall be locked.

3. Waste tires shall be stored in a manner to prevent the collection of rainwater.

4. No waste tires shall be stored in standing water.

La. Admin. Code tit. 33, § VII-10524

Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Division, LR 42258 (2/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S.