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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 27A. ENVIRONMENT AND NATURAL RESOURCES

  § 27A-2-11-401.7. Unlawful storage, collection, disposal, transportation or removal of used tires - Exemptions - Cleanup of dump.  

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  • A.  Except as otherwise provided by this section, it shall be unlawful for any person to:

    1.  Own or operate a site used for the storage, collection or disposal of more than fifty used tires except at a site or facility permitted or approved by the Department of Environmental Quality to accept used tires.  The provisions of this paragraph shall not apply to tire manufacturers, retailers, wholesalers and retreaders who store two thousand five hundred or fewer used tires at their place of business or designated off-premises storage site;

    2.  Dispose of used tires at any site or facility other than a site or facility for which a permit has been issued, or which has been otherwise authorized by the Department;

    3.  Knowingly transport or knowingly allow used tires under the control or in the possession of the person to be transported to an unpermitted or unapproved site or facility; or

    4.  Remove more than ten used tires from the possession of the dealer unless the dealer provides a manifest form, approved by the Department, which documents the removal and approved disposition or sale of the tires.  Dealers, haulers, and used tire recycling facilities shall keep copies of manifests available for inspection for five (5) years.

    B.  The provisions of subsection A of this section shall not apply to the use of used tires for agricultural purposes as recognized by the Oklahoma Department of Agriculture, Food, and Forestry.

    C.  The provisions of paragraphs 2 and 3 of subsection A of this section shall not be construed to prevent an individual from disposing of used tires previously used by the individual as vehicle or equipment tires if the disposal is upon property owned by the individual and the disposal does not create a nuisance or pose a hazard to the public health or environment.

    D.  The provisions of paragraphs 2 and 3 of subsection A of this section shall not be construed to prevent a used tire recycling facility or tire-derived fuel or TDF facility from transporting and delivering used tires to an out-of-state used tire recycling facility or TDF facility.

    E.  1.  Except as otherwise ordered by the court, if the administrative enforcement process for a violation of an order issued by the Department for remediation, corrective action or cleanup of an illegal tire dump has been exhausted, the Department or a representative of the Department, upon notice to the landowner and an opportunity for the landowner to be heard on the issue, may enter the property to clean up the tire dump.

    2.  The Department may initiate a court action to recover the actual cost of cleanup, attorney fees, court costs, and all other monies expended in connection with the cleanup.

    3.  The Department shall deposit any excess funds recovered through such action into the Used Tire Recycling Indemnity Fund.

Added by Laws 1989, c. 176, § 11, eff. July 1, 1989.  Amended by Laws 1993, c. 145, § 159, eff. July 1, 1993.  Renumbered from § 1-2324 of Title 63 by Laws 1993, c. 145, § 359, eff. July 1, 1993.  Amended by Laws 1994, c. 353, § 35, eff. July 1, 1994; Laws 1995, c. 191, § 1, eff. Nov. 1, 1995.  Renumbered from § 2-10-602 of this title by Laws 1995, c. 191, § 10, eff. Nov. 1, 1995.  Amended by Laws 1998, c. 114, § 7, emerg. eff. April 13, 1998; Laws 2005, c. 230, § 5, eff. July 1, 2005.  Renumbered from § 2-11-413 of this title by Laws 2005, c. 230, § 14, eff. July 1, 2005.  Amended by Laws 2007, c. 146, § 4, eff. July 1, 2007; Laws 2011, c. 164, § 8, eff. July 1, 2011.