La. Admin. Code tit. 33 § VII-10531

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

Section VII-10531 - Standards and Responsibilities of High Volume End Use Facilities

A. All owners and/or operators of high volume end use facilities in Louisiana shall meet the following requirements:

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 and waste tire material 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. A copy of the notarized affidavit(s) shall be placed 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, waste tire material, 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 and waste tire material 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. All facilities shall provide, for approval by the administrative authority, calculations and/or justification of the amount of waste tires and/or waste tire material to be stored at the facility. At no time shall the amount of material stored at the facility exceed the amount approved by the administrative authority;

10. maintain lanes between piles of waste tires or waste tire material 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;

12. specific projects using whole waste tires and/or waste tire material shall meet the requirements of LAC 33:VII.10532 and shall be submitted, in writing, to the administrative authority for prior approval. High volume end use facilities shall have an approved project in order to receive, store, or utilize waste tires and/or waste tire material;

13. on a form available on the departments website, all high volume end use facility owners and/or operators shall submit a monthly report to the administrative authority, which shall include a certified record of pounds of waste tire material, and/or whole waste tires received and used in an approved end-market use project;

14. all facilities shall maintain, for a minimum of five years, a complete set of the following records:

a. documentation of compliance with the approved storage limits;

b. copies of waste tires and/or waste tire material manifests entering and/or exiting the site of the approved project;

c. copies of required monthly reports; and

d. any documents related to out-of-state activity;

15. all records shall be maintained at the facility and shall be made available for audit and/or inspection during regular business hours.

B. Requirements for Processing Facilities Operating as High Volume End Use Facilities

1. Waste tire material will only be eligible for payment when recycled or that reaches an approved end-market use project.

2. Processors shall comply with all standard processing permit requirements.

3. The processor shall maintain a legible log for all waste tire material being utilized as landscape mulch, and/or playground material. The log shall include, at the minimum, the following:

a. the name and address of the customer;

b. the address where the waste tire material will be used;

c. an explanation as to how the waste tire material will be used;

d. the license plate number and state of issuance of the vehicle picking up the material;

e. the phone number of the customer;

f. the pounds of waste tire material received and the certified weight ticket number associated with the load;

g. the date;

h. the time; and

i. the signature of the customer certifying, under penalty of law, that all information provided in the log is true and correct.

C. Entities located outside Louisiana applying to become a high volume end use facility shall use a form available on the departments website. The applicant shall provide the administrative authority confirmation from their state indicating the facility has the proper permits and is authorized to accept the waste tires and/or waste tire material. If the facility is not in compliance with applicable regulations of the state in which the facility is located, the administrative authority reserves the right to review the project and make it ineligible for payment and/or deny the high volume end use facility application.

D. Port Facilities Applying to Become a High Volume End Use Facility

1. In instances where waste tires and/or waste tire material is required to be stored in quantities greater than 5,000 whole tires and/or 2,000,000 pounds of waste tire material to facilitate transportation to an approved out-of-state end-market use project, the port where the waste tires and/or waste tire material will be loaded for transportation on water shall submit an application to become a high volume end use facility utilizing a form available on the departments website. For purposes of transportation to end-market use projects out-of-state, waste tires and/or waste tire material shall not be stored at facilities other than approved high volume end use facilities.

2. Waste tires and/or waste tire material shall not be accepted without an approved end-market use project as demonstrated by a copy of the project approval letter from the administrative authority. Waste tires and/or waste tire material shall not be accepted at the facility in anticipation of, or prior to approval of, end-market use projects.

3. Waste tires and/or waste tire material shall not be accepted at the facility in amounts exceeding the end-market use project approval.

4. The facility shall:

a. prohibit open burning;

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

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

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

e. maintain waste tires and waste tire material 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;

f. maintain lanes between piles of waste tires and/or waste tire material a minimum width of 50 feet to allow access by emergency vehicles and equipment, unless otherwise approved by the administrative authority; and

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

5. On a form available on the departments website, the facility owner and/or operator shall submit a monthly report to the administrative authority, which shall include a certified record of the number of waste tires and/or pounds of waste tire material received from each permitted processor and shipped to each approved end-market use project.

6. The facility shall maintain, for a minimum of five years, a complete set of the following records:

a. copies of waste tires and/or waste tire material manifests entering and/or exiting the place of business;

b. copies of end-market use project approval letters; and

c. copies of required monthly reports.

7. All records shall be maintained at the facility and shall be made available for audit and/or inspection during regular business hours.

E. After review, the administrative authority may, for cause, suspend, revoke, and/or modify the High Volume End Use Facilitys authorization by providing the facility owner a 60 day written notice of the administrative authoritys intent to take the intended action and allowing the facility owner an opportunity to demonstrate why the intended action should not be taken.

La. Admin. Code tit. 33, § VII-10531

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), LR 27:831 (June 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2503 (October 2005), LR 33:2159 (October 2007), Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Division, LR 42264 (2/1/2016).

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