La. Admin. Code tit. 33 § VII-10509

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

Section VII-10509 - Prohibitions and Mandatory Provisions

A. No person shall knowingly and/or intentionally dispose unprocessed waste tires in a landfill within the boundaries of the state of Louisiana.

B. No person shall knowingly dispose, discard, burn, abandon, or otherwise release waste tires or waste tire material to the environment within the boundaries of the state of Louisiana, unless given prior written approval from the administrative authority.

C. Except for waste tires stored at the facilities listed in Paragraphs C.2 and 3 of this Section, all waste tires shall be stored in accordance with LAC 33:VII.10519.H. No person shall store more than 20 whole waste tires unless the tires are:

1. collected and stored at a registered tire dealer, registered used tire dealer, or other registered generator of waste tires;

2. collected and stored at an authorized waste tire transfer station, authorized waste tire collection center, or permitted waste tire processing facility;

3. collected and stored at an authorized end-market use project site; or

4. collected and stored at a location authorized in writing by the administrative authority.

D. No person shall transport more than 20 waste tires without first obtaining a transporter authorization certificate.

E. No processor shall receive payment from the Waste Tire Management Fund without a standard processing permit issued by the administrative authority, an effective Processors Agreement, and an approved end-market use project in which whole waste tires and/or waste tire material are utilized.

F. No authorized generator, collector, or processor shall store any waste tires for longer than 365 days, unless given prior written approval by the administrative authority.

G. All persons subject to these regulations are subject to inspection, audit, and/or enforcement action by the administrative authority, in accordance with the Act and/or these regulations.

H. All persons subject to these regulations shall maintain all records required to demonstrate compliance with these regulations for a minimum of five years. The administrative authority may extend the record retention period in the event of an investigation. The records shall be maintained and shall be made available for audit and/or inspection during regular business hours at the regulated facilitys place of business unless an alternate storage location is approved in writing by the administrative authority. A copy of the approval shall be maintained at the place of business subject to the audit and/or inspection. All records stored at an approved alternate location shall be provided within 48 hours of the request by the administrative authority.

I. All persons who sell tires shall retain and make available for inspection, audit, copying, and examination, a record of all tire transactions in sufficient detail to be of value in determining the correct amount of fees due from such persons. The records retained shall include all sales invoices, purchase orders, inventory records, and shipping records pertaining to any and all sales and purchases of tires. This recordkeeping provision does not require anything more than what is already required by R.S. 47:309(A).

J. All tire wholesalers shall notify the administrative authority on a form available on the departments website and maintain records of all tire sales made in Louisiana. These records shall contain the name and address of the tire purchaser, the date of the purchase, the number of tires purchased, and the type and size of each tire purchased. These records shall be maintained by tire wholesalers for a minimum of five years and shall be made available for audit and/or inspection at the wholesalers place of business during regular business hours.

La. Admin. Code tit. 33, § VII-10509

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), amended by the Office of Environmental Assessment, LR 31:1323 (June 2005), Amended by the Office of the Secretary, Legal Division, LR 42248 (2/1/2016).

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