La. Admin. Code tit. 33 § VII-10507

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

Section VII-10507 - Exemptions

A. Any person, facility, or other entity subject to these regulations that generates, collects, stores, transports, processes waste tires and/or waste tire material, or utilizes waste tires and/or waste tire material in an end-market use project, may petition the administrative authority for an exemption from the waste tire regulations or any portion thereof, when petitions for such are deemed appropriate after consideration of the factors enumerated in Subparagraphs C.2.a and b of this Section as well as any other pertinent factors.

B. The administrative authority shall make a decision whether or not to grant the exemption requested within 60 days from the date on which the request for exemption was filed, unless a longer time period is agreed upon by mutual consent of the applicant and the administrative authority. In no case shall the time period be greater than one year.

C. Each request for an exemption shall:

1. identify the specific provisions of these regulations from which a specific exemption is sought;

2. provide sufficient justification for the type of exemption sought that includes, but may not be limited to, the following demonstrations:

a. that compliance with the identified provisions would impose an unreasonable economic, technologic, safety, or other burden on the person or the public; and

b. that the proposed activity will have no significant adverse impact on the health, safety, and welfare of the public and the environment, and that it will be consistent with the applicable provisions of the Act;

3. include proof of publication of the notice as required in Paragraph D.1 of this Section, except for emergency exemptions; and

4. be considered by the administrative authority on a case-by-case basis and if approved, the administrative authority shall specify the duration of the exemption.

D. Public Notification of Exemption Requests

1. Persons requesting an exemption shall publish a notice of intent to submit a request for an exemption, except as provided in Paragraph D.2 of this Section. This notice shall be published one time as a single classified advertisement in the legal-notices section of a newspaper of general circulation in the area and parish where the facility is located, and one time as a classified advertisement in the legal-notices section of the official journal of the state. If the facility is in the same parish or area as the official journal of the state, a single classified advertisement in the legal-notices section of the official journal of the state shall be the only public notice required.

2. Persons granted emergency exemptions by the administrative authority shall publish a notice to that effect in the legal-notices section of a newspaper of general circulation in the area and parish where the facility requesting the exemption is located. The notice shall be published one time as a single classified advertisement in the legal-notices section of a newspaper of general circulation in the area and parish where the facility is located, and one time as a classified advertisement in the legal-notices section of the official journal of the state. The notice shall describe the nature of the emergency exemption and the period of time for which the exemption was granted. Proof of publication of the notice shall be forwarded to the administrative authority within 30 days after the granting of an emergency exemption.

E. A vehicle operated by a local government body that is engaged in the collection of waste tires that are located on government property or on road rights of way with the tires to be taken to an authorized waste tire collection center or permitted processing facility may be granted an exemption to the transporter authorization application fee and the transporter maintenance and monitoring fee specified in LAC 33:VII.10535. A maximum of one vehicle is allowed for each government body under this exemption. In order to be recognized as exempt under this Subsection, the local government body shall submit a transporter notification form to the administrative authority indicating the government bodys desire to take advantage of this exemption.

La. Admin. Code tit. 33, § VII-10507

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:38 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2774 (December 2000), LR 27:2227 (December 2001), Amended by the Office of the Secretary, Legal Division, LR:42:247 (2/1/2016)

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