La. Admin. Code tit. 33 § VII-10523

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

Section VII-10523 - Standards and Responsibilities of Waste Tire Transporters

A. Any person who transports more than 20 waste tires within the state of Louisiana shall comply with all of the requirements for transporters contained in this Section.

B. No person shall transport more than 20 waste tires without a valid transporter authorization certificate and a completed manifest satisfying the requirements of LAC 33:VII.10534. The manifest provision shall not apply to state and local governments utilizing vehicles to transport waste tires from rights-of-way to government agency collection centers satisfying the requirements of LAC 33:VII.10527.H.

C. Transporter of waste tires shall complete the transporter authorization application form available on the departments website. Along with the application, the transporter shall submit proof of commercial liability insurance and financial responsibility in the form of a surety bond, containing the language provided in LAC 33:VII.1303.D.1 and Section 11103, Appendix B, in a minimum amount of $10,000, or as determined by the secretary, and pay the transporter fees as specified in LAC 33:VII.10535.A. The transporter shall provide other documentation deemed necessary by the administrative authority, to the administrative authority prior to transporting waste tires.

D. Upon satisfying the requirements of Subsection B of this Section and obtaining approval by the administrative authority, the appropriate number of authorization certificates and transporter decals shall be issued. All transporter authorization certificates and transporter decals expire on July 31 of each calendar year. The transporter decals shall be placed in accordance with Subsection H of this Section. The administrative authority may suspend, revoke, or deny transporter authorization certificates for cause. Such cause shall include, but not be limited to:

1. violations of federal or state law;

2. failure to maintain a complete and accurate record of waste tire shipments;

3. falsification of shipping documents or waste tire manifests;

4. delivery of waste tires to a facility not permitted to accept the tires;

5. failure to comply with any rule or order issued by the administrative authority pursuant to the requirements of this regulation;

6. unauthorized disposal of waste tires and/or waste tire material; or

7. collection or transportation of waste tires without a valid transporter authorization.

E. Transporters shall reapply for authorization certificates in accordance with Subsection B of this Section on an annual basis and the application shall be submitted no later than July 1 of each calendar year.

F. A transporter of waste tires shall only accept and transport waste tires from generators who have notified and obtained a valid generator identification number from the administrative authority.

G. For in-state waste tire transportation, the transporter shall transport all waste tires only to an authorized collection center, an authorized waste tire transfer station, a permitted processing facility, or an authorized end-market use.

H. The transporter shall affix the transporter decal to the driver and passenger sides of each registered vehicle listed on the notification form. The transporter authorization certificate shall be kept in the registered vehicle at all times.

I. All persons subject to this Section shall notify the administrative authority in writing within 10 days when any information on the authorization certificate changes or if they cease transporting waste tires.

J. All persons who use company-owned or company-leased vehicles to transport tire casings for the purpose of retreading between company-owned or company-franchised retail tire outlets, and retread facilities owned or franchised by the same company are not considered waste tire transporters unless they also transport waste tires.

K. Prior to transporting any waste tire material in the state of Louisiana, all persons shall notify the administrative authority on a form available on the departments website. Except for the notification requirement and the manifest requirements in LAC 33:VII.10534.C, persons transporting only waste tire material are not subject to the requirements of this Section.

La. Admin. Code tit. 33, § VII-10523

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:41 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2778 (December 2000), LR 27:831 (June 2001), repromulgated LR 27:1885 (November 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2503 (October 2005), LR 33:2159 (October 2007), Amended by the Office of the Secretary, Legal Division, LR 42257 (2/1/2016).

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