La. Admin. Code tit. 33 § VII-10529

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

Section VII-10529 - Standards and Procedures for Waste Tire Cleanups

A. Property Owners. Owners of property on which more than 20 waste tires are stored, deposited, or abandoned but were not generated by a waste tire generator authorized by the administrative authority and managed in accordance with LAC 33:VII.10519, shall:

1. provide for and ensure the removal of the waste tires in the following manner;

a. removed by the property owner and transported to a permitted processing facility in quantities of no more than 20 per day;

b. removed by the property owner and transported to an authorized collection center in quantities of no more than five per day; or

c. in accordance with the departments single event cleanup procedures outlined in Subsection B of this Section;

2. provide disease vector control measures adequate to protect the safety and health of the public, and keep the site free of excess grass, underbrush, and other harborage; and

3. limit access to the piles to prevent further disposal of tires or other waste.

B. Single Event Cleanups

1. Single event cleanups may be authorized by the administrative authority to address accumulations of waste tires at unauthorized locations provided that notification is submitted to the administrative authority 30 days prior to the anticipated event. Notification shall be on the single event cleanup/government tire sweep form, which is available on the departments website. The information on the form shall include:

a. type of application;

b. name of responsible business, organization, government entity, or property owner;

c. physical location of abandoned waste tires to be removed;

d. email address of applicant;

e. contact person if different from owner;

f. mailing address;

g. phone number and fax number;

h. reason for request (i.e., promiscuous dump, called in complaint, found on property, tire sweep, or other);

i. estimated number of waste tires to be removed;

j. information describing how the waste tires were generated;

k. name of permitted processor to receive waste tires; and

l. certification that all information provided on the form is true and correct with the knowledge of the possibility of punishment under the law for false information.

2. All waste tires collected shall be removed by an authorized waste tire transporter and processed by the permitted waste tire processor indicated on the single event cleanup/government tire sweep form submitted to the administrative authority. Use of a waste tire processor not indicated on the form must be approved in writing by the administrative authority.

3. The administrative authority shall not be responsible for any cost associated with the removal of the tires.

4. Approval of the cleanup is effective for the time period and amount of waste tires specified in the approval letter. If additional time is needed, a written request shall be submitted to the administrative authority for approval prior to the expiration date indicated in the initial approval letter. Exceedances of 10 percent or more in the estimated number of tires reported in the notification form shall be reported in writing to the administrative authority prior to the expiration date indicated in the initial approval letter.

5. Applicants shall comply with the manifest requirements of LAC 33:VII.10534 and shall identify the tires as ineligible on the manifest.

C. Government Tire Sweeps

1. Government tire sweeps may be authorized by the administrative authority to allow government agencies to collect waste tires provided that:

a. notification is submitted to the administrative authority 30 days prior to the anticipated event. Notification shall be on the single event cleanup/government tire sweep form, which is available on the departments website. The form shall include the information described in Subsection B of this Section.

b. the government agency has not conducted a tire sweep within six months prior to the request.

2. A maximum of five waste tires may be collected per person and no waste tires shall be accepted from businesses. Records of the five tires shall be maintained on the unmanifested waste tire log form, available on the departments website.

3. All waste tires collected shall be transported by an authorized waste tire transporter and processed by the permitted waste tire processor indicated on the single event cleanup/government tire sweep form submitted to the administrative authority. Use of a waste tire processor not indicated on the form must be approved in writing by the administrative authority.

4. Waste tire collection shall only be conducted on the date(s) included in the approval letter. If additional time or alternate dates are needed, the administrative authority shall be notified in writing prior to the expiration date included in the initial approval letter.

5. Government agencies shall comply with the manifest requirements of LAC 33:VII.10534.

D. Waste Tires Discarded by a Third Party. Property owners and government entities cleaning property in which tires have been discarded by a third party and requesting the waste tires be determined eligible shall:

1. notify the administrative authority in writing with information regarding the discarded tires. This information includes, but is not limited to, address of the site, estimated number and type of tires, photographs, and information on person(s) responsible for the discarded tires, if known;

2. obtain and submit to the administrative authority a police report documenting the incident. If a police report cannot be obtained, a written certification shall be submitted to the administrative authority attesting that all information provided in Paragraph 1 of this Section is true and correct;

3. provide the administrative authority a description of the measures taken to prevent future incidents of this nature at the site. These measures include, but are not limited to, limiting access to the site by adding fencing or other means to secure the property, posting signs to deter dumping of tires, and/or using cameras and/or video surveillance to record dumping incidents;

4. provide disease vector control measures adequate to protect the safety and health of the public, and keep the site free of excess grass, underbrush, and other harborage;

5. limit access to the discarded tires to prevent further disposal;

6. not remove the discarded tires from the property prior to obtaining written permission from the administrative authority, which includes an eligibility or ineligibility determination. Unless otherwise determined by the administrative authority, no more than 520 tires can be eligible per site in a calendar year. Reimbursements from the waste tire management fund will not be approved for any waste tires removed under the authority of this Section which are defined as program ineligible waste tires;

7. ensure the tires are removed by an authorized waste tire transporter and transported to a permitted waste tire processor;

8. comply with the manifest requirements of LAC 33:VII.10534.

La. Admin. Code tit. 33, § VII-10529

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2780 (December 2000), Amended by the Office of the Secretary, Legal Division, LR 42262 (2/1/2016).

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