La. Admin. Code tit. 33 § VII-10535

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

Section VII-10535 - Fees and Fund Disbursement

A. Permit and Application Fees. Each applicant for the following permits or other authorization from the administrative authority shall submit with the application or request a non-refundable fee for the following categories in the amount specified.

1. Transporter Fees. The transporter authorization application fee is $250. There will be only one fee regardless of the number of vehicles in the service of the transporter.

2. The collection center permit application fee is $1,000.

3. The mobile processor annual application fee is $750.

4. The standard processor permit application fee is $1,563.

5. The permit modification fee is $125.

6. The high volume end use facility application fee is $313.

B. A waste tire fee is hereby imposed on each tire sold in Louisiana, to be collected from the purchaser by the tire dealer or motor vehicle dealer at the time of retail sale. The fee shall be $2.25 for each passenger/light truck tire, $5 for each medium truck tire, and $10 for each off-road tire. For recapped or retreaded tires, a waste tire fee of $1.25 shall be collected upon the sale of each recapped or retreaded tire. This fee shall be collected whether or not the purchaser retains the waste tires. The department does not require the collection of fees on the sale of tires weighing 500 pounds or more, solid tires, or tires de minimis in nature, including but not limited to lawn mower tires, bicycle tires, and golf cart tires.

C. Waste Tire Fee Audits and Informal Resolution Procedures

1. Audits shall be undertaken to ensure waste tire generators are in compliance with all applicable regulations and that all monies owed to the waste tire management fund are efficiently, effectively, and timely collected and remitted to the fund.

2. Waste tire generators are audited for various reasons, including but not limited to, referrals resulting from department inspections and enforcement issues, waste tire program or financial services staff collection efforts, and/or research initiated and performed by the auditors based on various circumstances.

3. Upon a determination that outstanding waste tire fees are owed, the administrative authority shall mail a written demand letter and invoice to the generator. The written demand letter shall include the following:

a. the amount of the debt owed;

b. a plan of action for recovery of the debt by the administrative authority;

c. options available to the generator for repayment of the debt; and

d. the informal procedures available to the generator by which the written demand letter, and contents of the invoice including the amount of the debt may be disputed.

4. Demand letters and invoices may be disputed by either sending a written dispute letter to the administrative authority requesting that the invoice be reevaluated, or by sending a written letter to the administrative authority requesting an informal meeting with the department to discuss the matter.

a. Written Dispute Process. Within 30 calendar days of the date on the written demand letter, the generator may dispute the debt by sending a letter to the administrative authority containing a concise statement, along with any supporting documentation, demonstrating why the debt is not owed. After a written dispute is received, the administrative authority will review the dispute, along with any supporting documentation submitted, and thereafter take any of the following actions:

i. reverse the amount of the debt in dispute and close the invoice;

ii. partially reduce the amount of the debt and issue a new written demand letter and invoice; or

iii. deny the dispute on grounds that insufficient information has been provided by the generator and proceed with appropriate department debt collection efforts.

b. Informal Dispute Meeting. Within 30 calendar days of the date on the written demand letter, the generator may dispute the debt by sending a letter to the administrative authority requesting an informal meeting to discuss the debt. Upon a determination by the administrative authority that a meeting is warranted, the administrative authority will notify the generator in writing of the date, time, and place of the informal meeting. The generator shall bring to the meeting all supporting documentation, including but not limited to, receipts, sales invoices, or any other documentation to dispute the debt. After the meeting, the administrative authority will consider the information discussed at the meeting, review all supporting documentation, if any, presented by the generator at the meeting, and thereafter take any of the following actions:

i. reverse the amount of the debt in dispute and close the invoice;

ii. partially reduce the amount of the debt and issue a new written demand letter and invoice; or

iii. deny the dispute on grounds that insufficient information was provided to dispute the debt and proceed with appropriate debt collection efforts.

D. The disposition of the fee shall be as follows.

1. The entire waste tire fee shall be forwarded to the Office of Management and Finance by the tire dealer and/or motor vehicle dealer and shall be deposited in the waste tire management fund.

2. The waste tire fee shall be designated as follows:

a. a minimum of seven and a half cents per pound of whole waste tires and/or waste tire material that is recycled or that reaches an approved end-market use will be utilized to pay permitted waste tire processors that have entered into a processor agreement with the administrative authority, and are in compliance with all applicable requirements of these regulations;

b. a maximum of 10 percent of the waste tire fees collected may be utilized for program administration; and

c. ten percent of the waste tire fees collected may be used for the cleanup of unauthorized waste tire piles and waste tire material.

E. Payments for Processing and Marketing Waste Tires and Waste Tire Material. Payments made by the state of Louisiana are meant to temporarily supplement the business activities of processors and are not meant to cover all business expenses and costs associated with processing and marketing. Payments shall only be paid to standard permitted processors under written agreement with the administrative authority in accordance with LAC 33:VII.10516.

1. No payments shall be made for waste tires generated outside of the state of Louisiana.

2. No payments shall be made for used tires or for tires destined to be retreaded.

3. The payment for marketing or recycling of waste tire and/or waste tire material shall be a minimum of seven and a half cents per pound of waste tires and/or waste tire material that is recycled in accordance with a department approved end-market use. The determination that waste tires and/or waste tire material is being marketed to an end-market use shall be made by the administrative authority. This determination may be reviewed at any time. The processor shall maintain documentation demonstrating the waste tires and/or waste tire material has been recycled or has reached end-market use.

4. The payment for marketing waste tires and/or waste tire material produced by means other than shredding shall be determined on a case-by-case basis, but shall be a minimum of seven and a half cents per pound of waste tires and/or waste tire material.

5. Payments shall be made to the processor on a monthly basis, after properly completed monthly reports are submitted by the processor to the administrative authority. Reporting forms will be provided by the administrative authority.

6. The amount of payments made to each processor is based on the availability of monies in the waste tire management fund.

7. All, or a portion, of a processor's payments may be retained by the administrative authority if the administrative authority has evidence that the processor is not fulfilling the terms of the processor agreement and/or the conditions of the processors standard permit or the standards and requirements of these regulations.

8. Waste tire material that was produced prior to January 1, 1998, and for which processing payments were made are only eligible for the additional $0.15 incentive for marketing the waste tire material when the material is marketed after December 31, 1997.

La. Admin. Code tit. 33, § VII-10535

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 20:1001 (September 1994), amended LR 22:1213 (December 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2781 (December 2000), LR 27:832 (June 2001), LR 27:2228 (December 2001), amended by the Office of Environmental Assessment, LR 31:1324 (June 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2504 (October 2005), LR 33:2160 (October 2007), Amended by the Office of the Secretary, Legal Division, LR 42268 (2/1/2016), Amended by the Office of the Secretary, Legal Division, LR 43948 (5/1/2017), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, amended LR 45661 (5/1/2019), Amended LR 481501 (6/1/2022).

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