§ 27A-2-11-401.7 — Unlawful storage, collection, disposal,

Oklahoma § 27A-2-11-401.7

• Jurisdiction: Oklahoma
• Title 27A: Environment And Natural Resources

Text

transportation or removal of used tires - Penalties. 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 a total of no more than two thousand five hundred used tires at their place of business or an ancillary off-premises storage site approved by the Department, and who are currently in compliance with applicable Oklahoma Tax Commission requirements; 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; 4. Remove more than ten used tires or reusable 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 and which accompanies the tires in transport, or to transport used or reusable tires in violation of rules promulgated by the Department. Dealers, haulers, and used tire recycling facilities shall keep copies of manifests available for inspection for five (5) years; or 5. Sell any tire without collecting and remitting appropriate fees to the Tax Commission in accordance with Section 2-11-401.2 of this title. 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, or criminal proceedings for paragraph 1 or 2 of subsection A of this section have resulted in a conviction, guilty plea or nolo contendere plea, 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. F. Notwithstanding the provisions of Section 2-3-504 of this title or any other remedy authorized by law, any peace officer of this state or of any political subdivision of this state may issue a citation to any person committing a violation of paragraph 1, 2, 3 or 4 of subsection A of this section. Such citation shall be in an amount not to exceed One Hundred Dollars ($100.00) for the first offense, not to exceed Two Hundred Dollars ($200.00) for the second offense and not to exceed Five Hundred Dollars ($500.00) for the third or subsequent offense. The penalties collected from the payment of such citations shall not include court costs and shall be divided as follows: 1. One-half (1/2) shall be paid into the reward fund created pursuant to Section 1334 of Title 22 of the Oklahoma Statutes; and 2. One-half (1/2) shall be paid into the Sheriff's Service Fee Account for that county to be used for environmental enforcement and cleanup programs.

Legislative History

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; Laws 2017, c. 286, § 4, eff. Nov. 1, 2017; Laws 2019, c. 336, § 4, eff. July 1, 2019.