La. Admin. Code tit. 33 § VII-10527

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

Section VII-10527 - Standards and Responsibilities for Waste Tire Collection Centers

A. Receipt of Tires

1. All collection center operators shall be responsible for counting the number of tires in each shipment. The collection center shall report monthly on a form available on the departments website. The monthly report shall be submitted to the administrative authority no later than the fifteenth day of each month for the previous months activity, documenting the total number of tires received at the facility along with copies of the unmanifested waste tire log sheets. These records shall be maintained by the collection center for a minimum of five years and shall be made available for audit and/or inspection at the collection centers place of business during regular business hours.

2. Each collection center shall accept no more than five unmanifested waste tires per individual, per day per vehicle. These five tires will be eligible, provided the tires are defined as program eligible waste tires. The collection center shall maintain on a form available on the departments website, the unmanifested waste tire log of all unmanifested waste tires. The log shall include, at the minimum, the following:

a. the name, address, phone number, and drivers license number of the person delivering the waste tires;

b. the license plate number with state of origin of the vehicle delivering the tires;

c. the number and type of tires and whether the tires are eligible or ineligible;

d. the date and the signature of the person delivering the tires; and

e. an explanation as to how the waste tires were generated.

B. All collection center operators shall meet the following standards:

1. control ingress and egress to the site through a means approved by the administrative authority, with at least one entrance gate being a minimum of 20 feet wide;

2. maintain a buffer zone of 100 feet. Waste tires shall not be placed in the buffer zone. A reduction in this requirement 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 100 feet from the facility. The collector center 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;

3. prohibit open burning;

4. enter into a written agreement with the local fire department regarding fire protection at the facility;

5. develop and implement a fire protection and safety plan for the facility to ensure personnel protection and minimize impact to the environment;

6. provide suitable drainage structures or features to prevent or control standing water in the waste tires and associated storage areas;

7. control all water discharges, including stormwater runoff, from the site in accordance with applicable state and federal rules and regulations;

8. maintain an acceptable and effective disease vector control plan approved by the administrative authority;

9. maintain waste tires in piles, the dimensions of which shall not exceed 10 feet in height, 20 feet in width, and 200 feet in length or in such dimensions as approved by the administrative authority. The number of piles shall be based on the maximum amount of waste tires to be stored in accordance with Subsection C of this Section, the dimensions of the piles, and an appropriate industry standard density;

10. maintain lanes between piles of waste tires a minimum width of 50 feet to allow access by emergency vehicles and equipment;

11. ensure that lanes to and within the facility be free of potholes and ruts and be designed and maintained to prevent erosion.

C. Collection centers shall store no more than 3,000 whole waste tires at any time.

D. Use of mobile processing units are allowed at collection centers. Immediately upon processing, the waste tire material shall be deposited in a transportable collection container for immediate removal from the site. All waste tire material shall be removed from the collection center by the processor within 10 days from the date of processing.

E. No processed waste tire material shall be deposited on the ground at a collection center at any time.

F. All collection center operators shall satisfy the manifest requirements of LAC 33:VII.10534.

G. The closure plan for all collection centers must ensure clean closure and must include the following:

1. the method to be used and steps necessary for closing the collection center;

2. a detailed and itemized estimated cost of closure of the collection center, based on the cost of hiring a third party to close the collection center at the point in the center's operating life when the extent and manner of its operation would make closure the most expensive;

3. the maximum inventory of whole waste tires ever on-site over the active life of the collection center;

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

5. the sequence of final closure as applicable;

6. all collection center operators shall maintain a site closure financial assurance fund in an amount based on the maximum number of pounds of waste tires that will be stored at the collection center at any one time. This fund shall be in the form of a financial guarantee bond, performance bond, or an irrevocable letter of credit in the amount of $20 per ton of waste tires on the site. A standby trust fund shall be maintained for the financial assurance mechanism that is chosen by the facility. The financial guarantee bond, performance bond, irrevocable letter of credit, or standby trust fund must use the exact language included in the documents in LAC 33:VII.11103, Appendix B. The financial assurance must be reviewed at least annually;

7. an alternative method of determining the amount required for financial assurance shall be as follows:

a. the collection center operator shall submit to the administrative authority an estimate of the maximum total amount by weight of waste tire material that will be stored at the processing facility at any one time;

b. the collection center operator shall also submit to the administrative authority two independent, third-party estimates of the total cost of cleaning up and closing the facility, including the cost of loading the waste tires, transportation to a permitted processing facility;

c. if the estimates provided are lower than the required $20 per ton of waste tires, the administrative authority shall evaluate the estimates submitted and determine the amount of financial assurance that the collection center is required to provide;

8. financial assurances for closure and post-closure activities must be in conformity with the standards contained in LAC 33:VII.1303 and the sample documents in LAC 33:VII.11103.

H. Government Agencies

1. Government agencies intending to operate collection centers will not be required to obtain permits, provided that the collection center is:

a. located on property owned or otherwise controlled by the government agency, unless otherwise authorized by the administrative authority;

b. attended by personnel during operational hours and have controlled ingress and egress during non-operational hours; and

c. staffed by personnel witnessing the loading and unloading of waste tires.

2. Government agencies operating collection centers shall:

a. only accept waste tires from roadside pickup, from rights-of-way, and individuals;

b. not accept tires from registered generators;

c. not allow the removal of waste tires by anyone other than an authorized transporter;

d. operate under a fire and disease vector control plan;

e. notify the administrative authority in writing within 10 days of the date of closure, relocation, or when any information provided on the notification form changes; and

f. satisfy the requirements of LAC 33:VII.10509, 10519.I, 10527.A.1 and 2, 10527.C-E, and 10534.

La. Admin. Code tit. 33, § VII-10527

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:41 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2780 (December 2000), LR 29:2780 (December 2003), Amended by the Office of the Secretary, Legal Division, LR 42261 (2/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2411 et seq.