La. Admin. Code tit. 33 § VII-10532

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

Section VII-10532 - End-Market Uses

A. End-market use projects may be approved by the administrative authority on a case-by-case basis. These projects include, but are not limited to, slope stabilization, erosion control, levee construction, lightweight backfill material, roadway stabilization material over soft soils, or other applications as approved by the administrative authority.

1. The administrative authority will review and issue a decision within 15 business days of receipt of an application for the following end-market use projects:

a. backfill as an alternative to aggregate to promote drainage; and

b. use in landfill applications such as leachate collection systems.

2. For purposes of Paragraph A.1 of this Subsection, if additional information is requested based on the inadequacy of the application, the 15 day review period is suspended. The review period resumes upon the administrative authoritys receipt of the requested information from the applicant.

3. Customary end-market use projects utilizing waste tires and/or waste tire material for tire derived fuel (TDF), lightweight backfill for bulkheads, or crumb rubber applications are considered approved if the administrative authority has not issued to the applicant a project approval, requested additional information, or denied the project within 15 business days of project submittal. The administrative authority reserves the right to add additional projects to the list provided above. The list will be maintained on the departments website.

4. Applications for end-market use projects described in Paragraph A.1 of this Subsection shall be electronically submitted in a manner determined by the administrative authority.

B. Specific projects using whole waste tires and/or waste tire material shall meet the requirements of LAC 33:VII.10533 and LAC 33:VII.10534.

C. Facilities at which whole waste tires and/or waste tire material is utilized for projects that require extended storage must obtain approval as a high volume end use facility in addition to receiving approval of any end-market use project.

D. Unless approved by the administrative authority as a high volume end use facility, end-market users shall not store more than 5,000 whole waste tires or 2,000,000 pounds of waste tire material at the end of any operational day.

E. On a form available on the departments website, end-market users shall submit a monthly report to the administrative authority, unless exempted on a case-by-case basis, which shall include a certified record of pounds of waste tire material or whole waste tires received and a certified record of pounds of waste tire material and/or whole waste tires used in an approved end-market use project.

F. End-market users shall maintain a complete set of records pertaining to waste tires and/or waste tire material coming in or leaving the site of the approved project. The records shall include, but are not limited to, manifests, required monthly reports, inventory records, logs, and any documents related to out-of-state activity as determined by the administrative authority. These records shall be maintained for a period of no less than five years and shall be made available for audit and/or inspection at the end market users place of business during regular business hours.

G. End-market users shall:

1. prohibit open burning;

2. provide fire protection at the location;

3. locate the project work site:

a. in an area of sufficient size and terrain to handle the operation; and

b. maintain a minimum distance of 100 feet from nearby residences, businesses, and/or sensitive receptors, (e.g., schools, hospitals, clinics, that will be inconvenienced or adversely affected by use of the site).

H. Whole waste tires and/or waste tire material shall only be utilized in the project as approved by the administrative authority.

I. If the approved amount of waste tires and/or waste tire material delivered exceeds the amount required to complete the approved project, the end-market user shall notify the administrative authority in writing within 15 days of completion of the project. The notification shall include the numbers or weight of waste tires and/or waste tire material, and a description of how the end-market user intends to address the unused material.

J. Within 30 days of completion of any end-market use project, the end-market user shall submit a letter to the administrative authority stating date of completion, the amount of waste tires and/or waste tire material that was needed to complete the project, and amount of unused material.

K. The administrative authority may, for cause, review, suspend, modify, and/or revoke an End-Market Use project authorization by giving the end-market user a five day written notice of its intent to take the intended action, and allowing the end-market user an opportunity to demonstrate why the intended action should not be taken.

L. International End-Market Use Projects

1. Permitted processors shall submit an end-market use application in accordance with LAC 33:VII.10515 and receive written authorization from the administrative authority prior to shipping waste tire material internationally. The information described in LAC 33:VII.10515.A.12 and 13 is not required in applications for international end-market use projects. However, the application shall include a copy of the contract/agreement with the international market which specifies the amount of waste tire material to be sent to the market. Only the permitted processor shall be required to sign the application.

2. International end-market use projects are not subject to the requirements of Subsections C-H, J, K, and L of this Section.

3. Approved international end-market users are not required to apply for and obtain authorization as high volume end use facilities.

4. In the event the end-market use project is cancelled prior to the waste tire material leaving the port, processors shall promptly remove it and either properly dispose of it or find another approved end market use for the waste tire material. In any case, the use of waste tire material shall not entitle the processor to an additional payment from the waste tire management fund. In the event the processor chooses to properly dispose of the waste tire material, he shall reimburse the waste tire management fund for any payments received for the waste tire material.

5. Processors shall only deliver to the port waste tire material in the amount approved by the administrative authority and shall not deliver waste tire material in anticipation, or prior to approval, of international end-market use projects. Processors violating this provision shall promptly remove any improperly delivered waste tire material and either properly dispose of and/or find another approved end market use for the waste tire material. In any case, the use of improperly delivered waste tire material shall not entitle the processor to an additional payment from the waste tire management fund. In the event the processor chooses to properly dispose of the waste tire material, he shall reimburse the waste tire management fund for any payments received for the disposed waste tire material.

La. Admin. Code tit. 33, § VII-10532

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), amended by the Office of the Secretary, Legal Division, LR 42265 (2/1/2016).

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