La. Admin. Code tit. 33 § VII-10515

Current through Register Vol. 50, No. 5, May 20, 2024

Section VII-10515 - Submittal Requirements for End-Market Use Project Applications

A. A permitted processor requesting approval of an end-market use project shall apply to the administrative authority for approval of each project by completing the end-market use project application available on the departments website. Each application contains the following:

1. name of the permitted processor;

2. name of the end-market user utilizing waste tires and/or waste tire material in the project;

3. mailing address, including city, state, zip code, and parish of the end-market user utilizing waste tires and/or waste tire material in the project;

4. physical address, including city, state, zip code, and parish of the end-market use project site;

5. telephone number of end-market user utilizing waste tires and/or waste tire material in the project;

6. site master plan, including, property lines, buildings, facilities, excavations, drainage, roads, and other elements of the site, if applicable;

7. detailed description of the project including drawings and/or pictures;

8. estimate and calculations of waste tires and/or waste tire material needed to complete the project;

9. estimated dates to start and end the project specified as month, day, and year;

10. description of the material to be replaced and the engineering properties of waste tires and/or waste tire material that provide equivalent or improved performance compared to conventional technologies; and

11. name, address, and phone number of a contact person responsible for the daily operations at the project, in case of an emergency;

12. date and signature of the processor and the end-market user utilizing waste tires and/or waste tire material in the project;

13. designation of the project as a one-time project or as a project that requires extended storage; and

14. any additional information as requested by the administrative authority.

B. Land Reclamation Pilot Study

1. The administrative authority will conduct a pilot study to determine the effectiveness of land reclamation using waste tire material.

a. This study will expire on December 31, 2020.

b. At the expiration of the pilot study, the administrative authority will issue a summary report on the results and make a determination on the future allowance of land reclamation projects.

2. In addition to the requirements of this Section, applications for land reclamation projects shall include a plan to confirm the thickness of the cover soil upon completion of the project.

a. This plan shall specify the method used to determine the thickness of the cover soil using either:

i. surveys of the base and top elevations of the cover at a maximum of 100 foot spacing; or

ii. borings taken through the cover at a minimum density of four locations per acre.

b. A report on the implementation of the plan shall be submitted to the administrative authority within 30 days of the approved project completion.

3. Land reclamation will be approved on a case-by-case basis and shall meet the following standards.

a. The applicant shall certify that the proposed location was excavated for a purpose other than the burial of waste tire material.

b. Waste tire material shall be mixed with inert fill material. The waste tire material shall comprise no more than 50 percent of the total volume required to restore the land to its approximate natural grade.

c. Processors may use up to 50 percent of the total annual volume of waste tire material generated at each facility, as determined on a three-year rolling average, for land reclamation projects;

d. Completed projects shall be covered with a minimum of 18 inches of clean soil material;

e. Within 30 days of completing an approved land reclamation project, the end-market user shall update the conveyance record to reflect the use of waste tire material on the property and submit verifiable documentation that this was completed to the administrative authority.

f. Whole tires may not be used in land reclamation projects.

C. Prior to any deviations from the approved project, modifications must be submitted to and approved by the administrative authority in writing.

La. Admin. Code tit. 33, § VII-10515

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:39 (January 1992), amended LR 20:1001 (September 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2776 (December 2000), LR 27:830 (June 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2502 (October 2005), LR 33:2158 (October 2007), Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Division, LR 42251 (2/1/2016).

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