CHAPTER 9


GARBAGE AND TRASH



ARTICLE I

GENERAL PROVISIONS

                                                            
SEC. 9-001.00 Purpose

The purpose of the following Articles is to:

        Establish procedures and standards by which the public health and safety and the environment is protected by ensuring that safe, sustainable and proper techniques are employed to better manage solid waste in St. Tammany Parish, Louisiana;

        Build upon the existing Litter Abatement Ordinances (Ord. 01-0284, adopted 03/01/2001);

        Create licensure and registration for the unincorporated portions of St. Tammany Parish;

        Licensure in the Parish of St. Tammany is a privilege and not a right;

        To permit and authorize the Parish the specific authority to promulgate rules and regulations on and on-going basis and as needed under the circumstances;

        Assure that all individuals are both informed and responsible for their actions regarding solid waste that may affect the public health and the environment and the community now and in the future;

        Support activities that will promote reduction, reuse and recycling and sustainable diversion of materials found in the waste stream;

        Augment, supplement and support existing State of Louisiana controls pertaining to solid waste, and;

        To impose penalties and fines concerning illegal collection, transfer and/or disposal activities.
    
AUTHORITY NOTE: Promulgated pursuant to the express authority set forth in La.R.S. 33:4169.1, and all other applicable statutes and regulations.

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2514 (November 2000).

SEC. 9-002.00 Authority

        An ordinance authorizing and providing for the Parish to establish standards and requirements, together with promulgation of binding rules and regulations, for solid waste management operations within the unincorporated areas of the Parish; requiring licenses and/or permits for storage, collection, transportation, processing, and disposal of solid waste embodying and supplementing the minimum standards and requirements established by rules of the Louisiana Department of Environmental Quality (DEQ) as promulgated under Title 33, Part VII et seq. of the Environmental Regulatory Code (ERC) and the Code of Ordinances, Chapter Nine et seq. of St. Tammany Parish, Louisiana; providing for enforcement of said requirements; imposing penalties for failure to comply with these provisions; requiring performance bonds and insurance; promulgate rules and regulations; and promoting the health, safety, and welfare of the public. This ordinance is adopted pursuant to the express authority set forth in La.R.S. 33:4169.1, and all other applicable statues and regulations

pertaining to the licensing, collection, storage, hauling, transfer, disposal and diversion of solid waste.

        This ordinance shall consider the State of Louisiana Environmental Quality Act (R.S. 30:2001 et seq.) which established the enforcement authority and procedures for carrying out the purposes of the act. The Louisiana Solid Waste Operator Certification and Training Program (R.S. 37:3151 et seq.) created the Louisiana Solid Waste Operator Certification and Training Program. The principal domicile of the board shall be that of the Department of Environmental Quality. Ord. No. 06-1417, adopted 11/02/2006, is intended to provide for additional requirements in St. Tammany Parish.

SEC. 9-003.00 Definitions

        Any and all definitions contained herein are comparable to those found in Title 33 of Environmental Regulatory Code, Part VII, Subpart 1, Chapter 1, Section 115.

        When used in this ordinance the following terms shall have the meaning given to them.

“Acceptable Waste” means waste, which is acceptable at the designated facility. Acceptable waste shall include garbage, refuse, and municipal solid waste from residential, commercial, industrial and community activities which is generated and collected in aggregate, and which is not otherwise defined herein as unacceptable waste. No amount of hazardous waste or infectious waste that is regulated by law is acceptable at the designated facility. Acceptable waste shall also include acceptable household quantities and acceptable non-household waste, as defined herein. All household waste is acceptable waste unless it is otherwise regulated or prohibited by law.

“Acceptable Household Quantities” means waste which is otherwise unacceptable waste, but which is contained in garbage, refuse, and municipal solid waste from normal household activities. For the purpose of this definition, “household” includes any residential dwelling unit or place of transient residence.

“Acceptable Non-Household Waste” means waste which is otherwise unacceptable waste, but which is contained in garbage, refuse, and municipal solid waste generated from commercial, industrial, or community activities, where the quantity of such unacceptable waste contained in any load delivered to the designated facility does not constitute a significant portion of such load. No amount of hazardous waste that is regulated by law is acceptable waste.

“Administrative Hearing Officer” shall mean that person or persons authorized, as per law, to conduct hearings and issue rulings for the Parish of St. Tammany;

“Agency” refers to the Environmental Protection Agency, its agent, or representative. In the case of Louisiana, that means Region VI.

“Air Contaminant” means the presence in the outdoor atmosphere of any dust, fume, mist, smoke, vapor, gas or other gaseous fluid, or particular substance, differing in composition from or exceeding in concentration, the natural components of the atmosphere, such as, but not limited to the resulting ambient conditions created by the unlawful burning of solid waste.

“Air Pollution” means the presence in the outdoor atmosphere of any air contaminant or combination thereof in such quantity, of such nature and duration, and under such conditions as would be injurious to human health or welfare, to animal or plant life, or to property, or to interfere unreasonably with the enjoyment of life or property.


“Ash” means the incombustible material that remains after a fuel or solid waste is incinerated.

“Backyard Compost Site” means a site used to compost food scraps, garden wastes, weeds, lawn cuttings, leaves, and prunings from a single family or household, apartment building, or single commercial office, a member of which is the owner, occupant, or lessee of the property.

“Brush Disposal Facility” means a site used exclusively for disposal of trees and tree parts including stumps, branches, and their attached leaves.

“Canister System” means a facility where solid waste is deposited in mechanically serviced containers as an intermediate step of congregating solid waste from several properties for periodic removal of the accumulated waste by commercial hauler. Similar to a “transfer station” (see below).

“Closure” means actions to prevent or minimize the threat to public health and the environment posed by a facility that no longer accepts the solid waste for which it operated or was permitted, including the removal of contaminated equipment, the removal of liners, grading, applying final cover, seeding of final cover, installation of monitoring devices, construction of ground and surface water diversion structures, and gas control systems as necessary.

“Co-compost means the controlled biological decomposition and management of selected organic solid waste that is mixed with a nutrient source, most commonly sewage sludge, which results in an innocuous, stable, humus product which can be used as a soil conditioner.

“Co-disposal” means the disposal of non-hazardous industrial wastes together with mixed municipal solid waste at a waste facility.

“Collection” means the aggregation of waste from the place at which it is generated and includes all activities up to the time the waste is delivered to a waste facility. Collection may include either manual or automated systems.

“Commercial Hauler” means any person who owns, operates, or leases vehicles for the purpose of contracting to collect or transport solid waste or source separated materials from residential, commercial or industrial property.

“Compactor” means any container which has compaction mechanisms, whether stationary or mobile.

“Compost” means solid waste which has undergone biological decomposition of organic matter and has been stabilized using composting or similar technologies, to a degree that is beneficial to plant growth and that is used, or sold for use, as a soil amendment, artificial topsoil, growing-medium amendment, or other similar uses.

“Compost Facility” means a site used to compost solid waste including all structures used to control drainage, collect and treat leachate, storage areas for the incoming waste, and the final product. A composting facility may include various types of compost operations, including but not limited to windrow, in-vessel or static pile facilities.

“Composting” means the controlled microbic degradation of organic waste to yield a humus- like product. Generally, the compost itself is a solid waste which has undergone biological decomposition of organic matter and has been stabilized using composting or similar

technologies, to a degree that is beneficial to plant growth and that is used, or sold for use, as a soil amendment, artificial topsoil, growing-medium amendment, or other similar uses.

“Construction/Demolition Debris” means nonhazardous waste generally considered not water-soluble, including but not limited to metal, concrete, brick, asphalt, roofing materials (shingles, sheet rock, plaster), or lumber from a construction or demolition project, but excluding asbestos-contaminated waste, white goods, furniture, trash, or treated lumber. The admixture of construction and demolition debris with more than five percent by volume of paper associated with such debris or any other type of solid waste (excluding woodwaste or yard trash) will cause it to be classified as other than construction/demolition debris.

“Containment” means isolating, controlling, and monitoring waste in a waste facility in order to prevent a release of waste from the facility that would have an adverse impact upon human health and the environment.

“Cover material” means approved material that is used to cover compacted solid waste in a land disposal site. Important general characteristics of good cover material are low permeability, uniform texture, cohesiveness and compactibility. Also known as Daily Cover.

“Curing Area” means an area where organic material that has undergone the rapid initial stage of composting is further stabilized into a humus-like material.

“Demolition Landfill” means an area of land used for the disposal of demolition waste.

“Demolition Waste” means non-putrescible solid waste from the construction, remodeling, repair or demolition of structures including buildings and paved roads. It includes waste building materials, packaging and rubble such as concrete, brick, bituminous concrete, wood, masonry, glass, trees, structural metals, insulation, roofing material, and plastic building parts. It may also include other waste materials accepted by the Department. It does not include uncontaminated earth or rock, hazardous materials, asbestos, industrial waste, or appliances.

“Department” is the St. Tammany Parish Department of Environmental Services, an agency within the administrative branch of the St. Tammany Parish Government.

DEQ” is the Louisiana Department of Environmental Quality, as created by R.S. 30:2001 et seq.

“Disposal or Dispose” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that the waste or any constituent thereof may enter the environment or be emitted into the air, or discharged into any waters, including ground water.

“Disposal Facility” means a waste facility permitted by the Louisiana Department of Environmental Quality (DEQ) that is designed or operated for the purpose of disposing of waste in or on the land, together with any appurtenant facilities needed to process waste for disposal or transfer to another waste facility.

“Dumping” means the illegal placement of any solid waste anywhere other than an approved facility or container.


“Dwelling” means a residential building or portion thereof intended for human occupancy but not including hotels, motels, boarding or rooming houses.

“Facility” means the actual land and associated appurtenances used for storage, processing, and/or disposal of solid wastes, but possibly consisting of one or more units. (Any earthen ditches leading to or from a unit of a facility and that receive solid waste are considered part of the facility to which they connect, except for ditches lined with materials capable of preventing groundwater contamination. The term facility does not necessarily mean an entire industrial manufacturing plant.)

“Floodplain” means the areas adjoining a watercourse or water basin that has been or hereafter may be covered by a regional floodplain.

“Financial Assurance” means monetary mechanisms, which are used to assure proper closure, post closure care, and contingency action at a site or facility.

“Garbage” means solid waste that includes animal and vegetable matter from the handling, preparation, cooking, and serving of foods, but that does not include industrial solid waste.

“Generate” means the act or process of producing waste, including the production or aggregation of waste occurring at an intermediate disposal facility.

“Generator” means any person, business, institution and/or governmental entity that generates solid waste.

“Groundwater” means water below the land surface in the zone of saturation.

“Hauler” means any person or entity in the business of the collection and transportation of solid waste.

“Hazardous Waste” means waste identified as hazardous in the current Louisiana Hazardous Waste Regulations (LAC 33:Part V) and/or by the federal government under the Resource Conservation and Recovery Act and subsequent amendments.

“Herbaceous” means any non-woody plant.

“Household” means a single detached dwelling unit or a single unit of a multiple dwelling unit.

“Household Hazardous Waste” means any material (including garbage, trash, and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunk houses, ranger stations, crew quarters, campgrounds, picnic grounds, and day use recreation areas) that exhibit characteristics of or that is listed as hazardous waste under Louisiana Department of Environmental Quality rules.

“Inactive (or Abandoned) Facility” means a solid waste storage, processing, or disposal facility that no longer receives solid waste and has not been closed in accordance with Louisiana Solid Waste Regulations.

“Incineration” means the process by which solid wastes are burned for the purpose of volume and weight reduction in permitted and licensed facilities designed for such use.


“Incinerator” means any enclosed device using controlled-flame combustion that neither meets the criteria for classification as a boiler nor is listed as an industrial furnace and is not a boiler nor an industrial furnace as defined in LAC 33:V.109.

Incinerator Ash” means residual solid waste, which has been received, thermally oxidized, and/or decomposed by an incinerator.

“Industrial Solid Waste” means solid waste generated by a manufacturing, industrial, or mining process, or which is contaminated by solid waste generated by such a process. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products; by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; and transportation equipment. This term does not include hazardous waste regulated under the Louisiana hazardous waste regulations or under federal law, or waste which is subject to regulation under the Office of Conservation's Statewide Order No. 29-B or by other agencies.

“Infectious Waste” means waste that contains pathogens of sufficient virulence and quantity that exposure to it could result in an infectious disease in a susceptible host person or animal that has been or may have been exposed to a contagious or infectious disease.

“Intermediate Disposal” means the preliminary or incomplete disposal of solid waste including, but not limited to, transfer station operations, open burning, incomplete land disposal, incineration, composting, reduction, shredding, compression, recycling, processing, resource recovery, and any other management or handling of waste short of final disposal.

“Junk” means scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, ferrous material, nonferrous material, inoperable automobiles, farm and construction machinery and parts thereof.

“Junkyard” means an establishment or place of storage and deposit which is maintained, operated, or used for storing, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, at which the waste, vehicle body, or discarded material stored is equal in bulk to three or more motor vehicles.

“Land Disposal Facility” means any tract or parcel of land, including any constructed facility, at which solid waste is disposed of in or on the land.

“Land Pollution” means the presence in or on the land of any waste or waste by-products in such quantity, of such nature and duration, and under such condition as would negatively affect any waters of the state, create air contaminants, cause air pollution, or contaminate soils at the site making the site unacceptable for further use.

“Land-spreading/Land Application” means the placement of waste or waste by-products on or incorporated into the soil surface.
“Land-spreading/Land Application Site” means any land used for the purpose of land- spreading or the land application of waste or waste by-products.

“Leachate” means a liquid that has passed through or emerged from solid waste and may contain soluble, suspended, or miscible materials removed from such wastes.



Leachate Management System” means the structures constructed and operated to contain, transport, and treat leachate, including liners, collection pipes, detection systems, holding areas, and treatment facilities.

“Licensee” means the landowner, owner, operator, or other person or persons given authority by the Department to establish, operate, and maintain a solid waste management activity, collect and transfer solid waste to a disposal site or facility.

“Major Appliances” means clothes washers and dryers, dishwashers, hot water heaters, residential furnaces, garbage disposals, trash compactors, conventional and microwave ovens, ranges and stoves, air conditioners, dehumidifiers, refrigerators, and freezers.

“Major Modification” means any change in a site, facility, process or disposal method, or operation which substantially deviates from the permit or tends to substantially increase the impact of the site, facility, process or disposal method, or operation on the environment.
                                                
“Mandatory Modification” means any change in a site, facility, unit, process or disposal method, or operation that is required as a result of any new Parish, State or Federal laws and regulations.

“Market” means any person or entity, which accepts and recycles recyclable materials.

“Marketed” means delivery of recyclable materials to and acceptance by a market.

“Manure” means a solid waste composed of excreta of animals and any residual materials that have been used for bedding, sanitary, or feeding purposes for such animals.

“Medical Waste” means infectious waste, and waste originating from the diagnosis, care or treatment of a person or animal, or waste resulting from biological research, whether or not the waste has been decontaminated.

“Mixed Solid Waste” means garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, trees and agricultural wastes, tires, lead acid batteries, used oil, and other materials collected, processed, and disposed of as separate waste streams.

“Municipality” means a city, village, town, sanitary district, school district, or other governmental subdivision or public corporation, or agency created by the legislature, or as defined in the Code of Ordinances.

“Notice of Violation” is a formal written notice issued by Department to notify a party that he is in violation of a Parish Ordinance. This Notice will inform the party of the alleged violations, the nature and extent of the violations, and the required corrective actions. The Notice of Violations (NOV) shall also specify additional actions that will be taken by the Department, such as the inclusion of NOV orders into a Final Order or Consent Order and/or the issuance of a citation, as well as specific time frames in which these actions will be completed.

“Nuisance” shall be defined by reference to Chapter 14 of the St. Tammany Parish Code of Ordinances.


“On-Site Processing/Disposal Area” means the land area and appurtenances thereon used for processing and/or disposal of solid waste on the same property or on geographically contiguous property, where waste is generated. Two or more pieces of property that are geographically contiguous but divided by public or private right(s)-of-way are considered a single site.

“Open Burning” means the combustion of solid waste without control of combustion air to maintain adequate temperature for efficient combustion, containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and control of the emission of the combustion products.

“Open Dump” means a land disposal site at which solid waste is disposed of in a manner that does not protect the environment, is susceptible to open burning, and is exposed to the elements, vermin, and scavengers.

“Operations” means any site, facility, or activity relating to solid waste management purposes pursuant to this ordinance.

“Operator” means the person or entity responsible for the overall operation of a facility.

“Owner or Solid Waste Facility Owner” means the person and/or entity who own a facility or part of a facility.

“Parish” shall mean the St. Tammany Parish Government, specifically the administrative branch of the Parish Government

“Permit” means a written authorization issued by the administrative authority to a person for the construction, installation, modification, operation, closure, or post-closure of a certain facility used or intended to be used to process or dispose of solid waste in accordance with the act, these regulations, and specified terms and conditions.

“Permittee/Permit Holder” means a person who is issued a permit and is responsible for meeting all conditions of the permit and these regulations at a facility.

“Person” means any human being, municipality or other governmental or political subdivision or other public agency, public or private corporation, partnership, firm, association, organization, receiver, trustee, assignee, agent or other legal entity.

“Personnel or Facility Personnel” means all persons who work at or oversee the operation of a solid waste management facility, and whose actions or failure to act may result in noncompliance with the requirements of this ordinance.

“Pickup Station” means a facility, at which one or more containers are located, which is used to accumulate industrial solid waste or to accumulate solid waste generated by more than one household or commercial establishment for pickup by a transporter. This definition does not include containers which receive only solid waste generated on property which is contiguous with the property on which the container is located (e.g., containers located at and receiving solid waste only from a multi-unit dwelling, a commercial establishment, or an industrial establishment.)


“Political Subdivision” means any municipal corporation, governmental subdivisions of the state, local governmental unit, special district, or local or regional board, commission, or authority authorized by law to plan or provide for waste management.

“Post Closure Care” means actions taken for the care, maintenance, and monitoring of a facility after closure that will prevent, mitigate, or minimize the threat to public health and the environment posed by the closed facility.

Process” means a method or technique, including recycling, recovering, compacting (but not including compacting which occurs solely within a transportation vehicle), composting, incinerating, shredding, baling, recovering resources, pyrolyzing, or any other method or technique designed to change the physical, chemical, or biological character or composition of a solid waste to render it safer for transport; reduced in volume; amenable for recovery, storage, reshipment, or resale. The definition of process does not include treatment of wastewaters to meet state or federal wastewater discharge permit limits. Neither does the definition include activities of an industrial generator to simply separate wastes from the manufacturing process.

“Processing” means the treatment of solid waste after collection and before disposal. Processing includes but is not limited to reduction, storage, separation, exchange, resource recovery, physical, chemical or biological modification, and transfer from one waste facility to another.

“Processing Facility” means a site used to process solid waste, including all structures, equipment used to process the waste, storage areas for the incoming waste, the final product and residuals resulting from the process, and may be designated for recyclable materials only.

“Promiscuous Dump” means a solid waste disposal facility that has resulted from disposal activities of persons other than the landowner and whose operation is not permitted by the administrative authority.

“Putrescible” means susceptible to rapid decomposition by bacteria, fungi, or oxidation, creating noxious odors..

“Prohibited Materials” means solid waste, which is unacceptable for collection, processing, or disposal due to the physical or chemical nature of the material or due to a facility's inability to properly manage the waste.

“Recovered Material” means material which has known recycling potential, can be feasibly recycled, and has been diverted or removed from the solid waste stream for sale, use, or reuse, by separation, collection or processing, as defined in R.S. 30:2412(7) and which would otherwise be processed or disposed of as nonhazardous solid waste.

“Recyclable Materials” means those materials which are capable of being recycled and which would otherwise be processed or disposed of as nonhazardous solid waste.

“Recycling” means any process by which nonhazardous solid waste or material which would otherwise become solid waste, is collected, separated, or processed and reused or returned to use in the form of raw materials or products.


“Recycling Facility” means a site used to collect, process, and repair recyclable materials and reuse them in their original form or use them in manufacturing processes.

“Refuse” means putrescible and non-putrescible solid wastes, including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and market and industrial wastes, and including municipal treatment wastes which do not contain free moisture.

“Rejected Waste” means unacceptable waste, which is rejected at the designated facility.

“Refuse Collection Service” means a public or private operation engaged in solid waste collection and solid waste operation.

“Residence” means any building or portion thereof used as a dwelling or sleeping area for people.

“Resource Recovery” means the process by which solid waste that retains useful physical or chemical properties is reused or recycled for the same or other purposes, including uses as energy sources.

“Resource Recovery Facility” means a waste facility established and used primarily for resource recovery, including related and appurtenant facilities such as transmission facilities and transfer stations primarily serving the resource recovery facility.

“Responsible Party” means the owner, operator, or successor in interest of a solid waste facility.

“Rubbish” means non-putrescible solid wastes, including ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind.

“Run-off” means any rainwater, leachate, or other liquid that drains from any part of a facility.

“Run-on” means any rainwater or other liquid that drains onto any part of a facility.

“Salvaging” means the controlled removal of waste materials for later use.

“Sanitary Landfill” means a landfill for the disposal of commercial or residential solid waste by deposit in a landfill in layers covered with suitable cover material of a depth and at a frequency adequate to control disease vectors and odors, health and the environment. It is located, contoured, and designed so that it will not constitute a source of water pollution.

“Solid Waste” means any garbage, refuse, or sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities. Solid waste does not include solid or dissolved material in domestic sewage; solid or dissolved materials in irrigation return flows; industrial discharges that are point sources subject to permits under R.S. 30:2075; source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 (68 Stat. 923 et seq.), as amended; or hazardous waste subject to permits under R.S. 30:2171 et seq.

“Solid Waste Collection” means the gathering of solid waste from public and private places.



“Solid Waste Hauler” means any person or persons who collects or transports any solid waste; except, an individual resident hauling his or her own household waste is not a solid waste hauler.

“Solid Waste Land Disposal Facility” means a facility used to dispose of solid waste in or on the land.

“Solid Waste Management Facility” means a facility for the storage, collection, transportation, processing or reuse, conversion, or disposal of solid waste.

“Solid Waste Management Plan” means the Solid Waste Management Plan for St. Tammany Parish.

“Solid Waste Management System means the entire process of collection, transportation, storage, processing, and disposal of solid waste by any person engaged in such process as a business or by any municipality, authority, trust, parish, or any combination thereof.

Solid Waste Storage” means the holding of solid waste for more than 48 hours in quantities equal to or greater than ten cubic yards.

Solid Waste Transportation” means the conveying of solid waste from one place to another, by means of vehicle, rail car, water, vessel, conveyer, or other means.

“Source Separated Materials” means materials that are separated from solid waste by the generator and recovered for reuse in their original form or for use in the manufacturing process.

“Source Separation” means the separation of recyclable materials from waste by the generator prior to collection for recycling.

“State” means the State of Louisiana.

“Tipping Fee” means the fee(s) charged to haulers or other persons for waste delivered to a designated facility.

“Tire” means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle or off-road vehicle.

“Tire Collector” means a person who owns or operates a site used for the storage, collection, or deposit of waste tires.

“Tire Collection Site” means a permitted site, or a site exempted from permit, used for the storage of waste tires.

Tire Dump” means an establishment, site, or place of business without a required tire collector or tire processor permit that is maintained, operated, used or allowed to be used for storing, keeping, or depositing unprocessed waste tires.

“Tire Processing” means producing or manufacturing usable materials, including fuel, from waste tires including necessary incidental temporary storage activity.


“Tire Processor” means a person and/or entity engaged in the processing of waste tires.

“Toxic Waste” means substances, whether liquid, gaseous or solid form, which when collected, stored, transported or disposed of, may be acutely toxic to humans or other animals, or plant life, or be directly damaging to property including, but not limited to, pesticides, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials, and similar noxious substances.

“Transfer Station” means a solid waste processing facility where solid waste is transferred from collection vehicles and placed in other vehicles for transportation.

“Transportation” means the conveying of solid waste from one place to another.

“Tree” means a perennial woody plant, generally with a single stem (e.g., trunk). Tree also means the stump of the tree.

“Unacceptable Waste” means waste delivered in quantities which may pose a threat to health or safety, or to the environment, or may cause damage to, or materially adversely affect, the operation of a designated facility, including but not limited to: incinerator ash; foundry sand; explosives; hospital, pathological, and biological waste; hazardous waste; chemicals and radioactive materials; oil sludges; asbestos in identifiable quantities; cesspool or other human waste; sewage and other highly diluted, water carried materials or substances; materials in gaseous form; human or animal remains; street sweepings; ash; mining waste; sludges; demolition debris; and hazardous refuse of any kind, such as cleaning fluids, crank case oils, cutting oils, paints, acids, caustics, poisons, drugs.

Warning Letter” is a written notice issued by the Department to notify a party that he is in violation of a Parish Ordinance. The warning letter will inform the party of the alleged violations, the nature and extent of the violations, and the required corrective actions. The warning letter shall be utilized as the initial Parish notification of alleged violations, except in cases of imminent threat to public health and safety and the environment.

Waste” means solid waste.

“Waste Facility” means all property, real or personal, including negative and positive easements and water and air rights, which is or may be needed or useful for the processing or disposal of waste, except for the collection of the waste and property used primarily for the manufacture of scrap metal or paper. Waste facility includes but is not limited to transfer stations, processing facilities, and disposal sites and facilities.

“Waste Management” means activities which are intended to affect or control the generation of waste and activities which provide for or control the collection, processing and disposal of waste.

“Waste Processing” means the treatment of solid waste after collection and before disposal. Processing includes but is not limited to volume reduction, storage, separation, exchange resource recovery, physical, chemical, or biological modification and the operations of a metal recycling or salvage facility.

“Waste Reduction” means an activity that prevents generation of waste including reusing a product in its original form, increasing the life span of the product, reducing material used in

production and packaging, or changing procurement, consumption, or waste generation habits to result in smaller quantities of waste generated.

“Waste Tire” means a whole tire that is no longer suitable for its original purpose because of wear, damage, or defect. Waste tire does not include a tire weighting over 500 pounds and/or a solid tire.

“Waste Tire Collection Site” means a licensed waste facility used for the storage of waste tires prior to their transport to a waste tire processing facility.

“Waste Tire Processing Facility” means a licensed waste facility used for the shredding, slicing, or producing or manufacturing usable materials from Waste Tires, and may include temporary storage activity at the facility. Processing does not include the retreading of waste tires.

“Water Pollution” means the contamination of any waters of the state so as to create a nuisance or render such waters unclean, obnoxious or impure, so as to be actually harmful or detrimental or injurious to public health, safety or welfare, to domestic commercial or industrial use, or to animals, birds, fish or aquatic life.

“White Goods” means inoperative an/or discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial appliances.

“Yard Waste” means garden wastes, leaves, lawn cuttings, weeds, shrub and tree waste, and prunings.

        Any word or phrase not specifically defined or discussed herein shall be used and interpreted in its most common and reasonable sense.

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended LR 22:279 (April 1996), amended by the Office of Waste Services, Solid Waste Division, LR 23:1145 (September 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2514, 2609 (November 2000).

SEC. 9-004.00 Effective Date

        All rules and regulations contained herein shall be in full force and effect on January 1, 2007. All applications for solid waste licensed activities must be timely submitted and approved before the effective date.

SEC. 9-005.00 Severability

        If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act and these regulations that can be given effect without the invalid provision or application, and to this end provisions of these rules and regulations are declared to be severable.

SEC. 9-006.00 General Provisions and Responsibilities of the Department


        The following general provisions and responsibilities of the Department of Environmental Services, herein referred to as the Department, shall include those defined by St. Tammany Parish Ord. No. 06-1417, adopted 11/02/2006 as listed below.

        The Department shall have the right to administer this ordinance. The department's rights and duties shall include, but shall not be limited to those described in this section. Further, this provision shall apply to all persons, entities, applicants and license holders even if they are a holder of an existing permit, license and conditional use permit presently in existence and hereafter granted.

        The Department shall have the right to inspect private property to determine if the property owner is in compliance with the provisions of this ordinance. Routine inspection and evaluation of solid waste management activities, sites, or facilities shall be made by the Department in such frequency to ensure consistent compliance by the operation with the provisions of this ordinance. An applicant and the licensee shall allow free access to the Department; provided that the entrance and activity is undertaken after reasonable notice and during normal business hours, and after notifying facility applicant and licensee of presence at site for the purpose of making such inspections as may be necessary to determine compliance with the requirements of this ordinance, or any other applicable statute, or for the purpose of making written and documented notice of any deficiencies, or recommendations for their correction and the date by which corrections shall be accomplished. (ERC Title 33, Part VII, Subpart 1, Chapter 5, Section 509)

        The Department shall have the right to review all license applications submitted to the Department for operation of all solid waste management activities, sites, or facilities within the Parish. Any and all submissions will be managed in a confidential manner according to the provisions for confidential information which may be found in LAC 33:I.Chapter 5.

        The Department shall have the right to issue or deny solid waste licenses and to impose solid waste management activity, site, or facility specific conditions on said licenses. Denial of a solid waste license shall be for cause based upon written reasons provided to applicant and applicant's failure to cure any deficiency within a reasonable period of time.

        The Department shall have the right to investigate complaints of violations of this ordinance. The Department shall assist the District Attorney's Office and/or the Administrative Hearing Officer.

        The Department rules and regulations shall not supersede any actions that may be taken by Code Enforcement of the Parish Planning office, Constables, Justices of the Peace, and the District Attorney's Office of this Parish and the Administrative Hearing Officer.

        It is understood that there is concurrent jurisdiction of all agencies and departments.

        The Department shall have the right to refer or recommend, when necessary, to the Parish District Attorney's Office and/or the St. Tammany Parish Administrative Hearing Officer, that legal proceedings be initiated against a certain solid waste management activity, or facility after any curative period mentioned herein is not adequately resolved.

        The Department shall have the right to identify the solid waste management needs of the Parish through developing and implementing plans to meet those needs. Said plan may

be revised if deemed necessary by the Department. The Department, in concert with the Parish Government, may establish a Solid Waste Committee to study, investigate, and research solid waste management issues parishwide. Members of the Committee may include current licensees.

        The Department shall have the right to conduct studies, investigations, and research relating to aspects of solid waste management, such as methodology, chemical and physical considerations, and engineering.

        The Department shall have the right to advise, consult, and cooperate with other governmental agencies (e.g., DEQ, the Agency) in the furtherance of the purposes of this ordinance.

        The Department shall have the right to prepare and negotiate agreements with responsible parties to address the closure and post closure requirements for licensed and unlicensed solid waste facilities should said responsible party fail to meet closure and post closure requirements established by DEQ, but only after advance written notice to the current licensees.

        The Department shall have the right to allocate license fee revenues towards creating waste diversion incentives (e.g., composting facility or recycling facility).
    
        The Department shall have the right to enforce the allocation of fee revenues towards creating waste diversion incentives.

        The Department shall have the right to work with oil change facilities in order to promote diversion and proper disposal of oil and anti-freeze waste.

        The Department shall have the right to review the economic viability of assigning, but not mandating a certain day of the week for the disposal of household hazardous waste at licensed solid waste facilities.