La. Admin. Code tit. 33 § VII-10534

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

Section VII-10534 - Manifest System (Formerly Section 10533)

A. All shipments, other than those transported in authorized government vehicles transporting waste tires from rights of way to a government agency collection center satisfying the requirements of LAC 33:VII.10507.B, of more than 20 waste tires shall be accompanied by a waste tire manifest provided by the administrative authority and executed in accordance with this Section. Generators offering tires for transport in Louisiana that are ineligible, as defined in LAC 33:VII.10505, shall clearly label such tires as ineligible on the manifest.

B. The generator waste tire manifest flow is as follows.

1. Prior to the tires leaving the facility, the generator initiates the manifest (original and at least five copies), by completing all of section 1 and designating the processing facility in section 4. After the transporter signs the manifest, the generator retains one copy for his files, and the original and all other copies accompany the waste tire shipment. Upon receipt of the waste tires, the transporter completes the section 2, transporter 1 information. If applicable, upon surrender of the shipment to a second transporter, the second transporter completes the section 2, transporter 2 information. After transporter 2 signs the manifest, transporter 1 retains his copy of the manifest.

2. The transporter secures the signature of the designated processing facility operator upon delivery of waste tires to the designated processing facility. The transporter retains one copy for his files and gives the original and remaining copies to the designated processing facility operator.

3. The designated processing facility operator completes section 4 of the generator waste tire manifest and retains a copy for his files. The designated processing facility operator shall submit the original manifest to the administrative authority with the monthly processor report. The designated processing facility shall provide completed copies of the generator waste tire manifest to the appropriate waste tire generator within 30 days of the origination date of the manifest.

4. Generators, transporters, and processors shall certify that the information submitted in the generator manifest is true and correct to the best of his knowledge.

5. A generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated processing facility within 30 days of the date the waste tires were accepted by the initial transporter must contact the transporter and/or the owner or the operator of the designated processing facility to determine the status of the shipment.

6. A generator must submit to the administrative authority written notification, if he has not received a copy of the manifest with the handwritten signature of the designated processing facility operator within 45 days of the date the shipment was accepted by the initial transporter. The notification shall include:

a. a legible copy of the manifest for which the generator does not have confirmation of delivery; and

b. a cover letter signed by the generator explaining the efforts taken to locate the shipment and the results of those efforts.

7. Upon discovering a discrepancy of 10 percent or greater in the number or type of tires in the load, the designated processing facility shall attempt to reconcile the discrepancy with the generator(s) or transporter(s). The processing facility operator must submit to the administrative authority, as part of their monthly report, electronic files containing an itemized list of generator/processor manifests, describing in detail the discrepancy and attempts to reconcile it and a copy of the manifest(s). After the discrepancy is resolved, a corrected copy shall be sent to the administrative authority.

8. Completed manifests shall be maintained by the generator, transporter(s), and processor for a minimum of five years and shall be made available for audit and/or inspection at the generators place of business during regular business hours.

C. The processor waste tire manifest flow is as follows.

1. The processor initiates the processors waste tire manifest (original and five copies), by completing all of section 1 and section 3. After the transporter signs the manifest, the processor retains one copy for his files, and the original and all other copies accompany the waste tire material shipment. Upon receipt of the waste tire material, the transporter completes the section 2 information.

2. The transporter secures the signature of the designated destination facility operator upon delivery of the waste tire material. The transporter retains one copy for his files and gives the original and remaining copies to the designated destination facility operator.

3. The designated destination facility operator completes section 4 of the processors waste tire manifest and retains a copy for his files and shall provide completed copies to the appropriate waste tire processor within 30 days of the origination date of the manifest. The processor shall submit the original manifest to the administrative authority, with the monthly report.

4. Processors, transporters, and end-market users shall certify that the information submitted in the processor manifest is true and correct to the best of his or her knowledge.

5. A processor who does not receive a copy of the manifest with the handwritten signature of the owner/operator of the designated destination facility within 30 days of the date the whole waste tires and/or waste tire material was accepted by the initial transporter must contact the transporter and/or the owner/operator of the designated destination facility to determine the status of the shipment.

6. The processor must submit a written notification to the administrative authority if he has not received a copy of the manifest with the handwritten signature of the designated destination facility operator within 45 days of the date the shipment was accepted by the transporter. The notification shall include:

a. a legible copy of the manifest for which the processor does not have confirmation of delivery; and

b. a cover letter signed by the processor explaining the efforts taken to locate the shipment and the results of those efforts.

7. Upon discovering a discrepancy on the processors waste tire manifest, the processor must attempt to reconcile the discrepancy with the transporter or designated destination facility operator. The processor must submit to the administrative authority, as part of their monthly report, electronic files containing an itemized list of generator/processor manifests, describing in detail the discrepancy and attempts to reconcile it and a copy of the manifest(s). After the discrepancy is resolved, a corrected copy is to be sent to the administrative authority.

8. Completed manifests shall be maintained by the processor, transporter, and destination facility for a minimum of five years and shall be made available for inspection and/or audit at their place of business during regular business hours.

9. All shipments of waste tires and/or waste tire material shall be accompanied by a manifest provided by the administrative authority and executed in accordance with this Section. Tire material transported into Louisiana that is ineligible shall be clearly labeled ineligible on the manifest.

La. Admin. Code tit. 33, § VII-10534

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), LR 27:2228 (December 2001), LR 29:2780 (December 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2504 (October 2005), LR 33:91 (January 2007), LR 33:2160 (October 2007), amended by the Office of the Secretary, Legal Division, LR 42267 (2/1/2016).

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