Okla. Stat. tit. 27A, § 27A-2-11-401.4

Tire Recycling Indemnity Fund.

A. Compensation to used tire facilities and tire-derived fuel

or TDF facilities pursuant to this section shall be limited to

facilities located in Oklahoma. Compensation for used tire

activities pursuant to this section shall be limited to used tires

from Oklahoma. A used tire recycling facility or tire-derived fuel

or TDF facility may transport and deliver used tires collected from

Oklahoma to an out-of-state used tire recycling facility or TDF

facility but shall not be eligible for compensation from the Used

Tire Recycling Indemnity Fund for those used tires. To be eligible,

applicants for compensation shall be in compliance with the Oklahoma

Used Tire Recycling Act.

B. The monies accruing annually to the Used Tire Recycling

Indemnity Fund shall be allocated first to the Department of

Environmental Quality Revolving Fund, to be used for implementing

applicable requirements related to the control of mobile and area

sources of air emissions, for monitoring and modeling the impacts on

Oklahoma of air pollution from other states, for implementing and

enforcing other applicable air pollution control requirements or for

other environmental programs or projects. The amount of money

allocated for this purpose shall be twenty-four and one-tenth

percent (24.1%) of the funds produced by the two-dollar-and-ninety-

cent per tire fee assessed pursuant to division (1) of subparagraph

a of paragraph 1 of subsection A of Section 2-11-401.2 of this title

and subparagraph b of paragraph 1 of subsection A of Section 2-11-

401.2 of this title; provided, in no event shall the amount

allocated annually exceed the 3-year average of the total fiscal

year amounts allocated in fiscal years 2015, 2016 and 2017 and any

amount in excess of the 3-year average shall be placed to the credit

of the General Revenue Fund. After this allocation is deducted, the

balance of the monies shall be allocated as follows:

1. Two and one-fourth percent (2.25%), not to exceed Twenty

Thousand Dollars ($20,000.00) per month, to the Oklahoma Tax

Commission and five and three-fourths percent (5.75%), not to exceed

Fifty Thousand Dollars ($50,000.00) per month, to the Department of

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 276

Environmental Quality for the purpose of administering the

requirements of the Oklahoma Used Tire Recycling Act; provided, in

no event shall either of the amounts allocated annually pursuant to

this paragraph exceed the 3-year average of the total fiscal year

amounts allocated in fiscal years 2015, 2016 and 2017 and any amount

in excess of the 3-year average shall be placed to the credit of the

Used Tire Recycling Indemnity Fund; and

2. An amount not to exceed Fifty Thousand Dollars ($50,000.00)

per audit to the State Auditor and Inspector for the purpose of

conducting audits of the Oklahoma Used Tire Recycling Program

pursuant to Section 2-11-401.6 of this title.

C. After the allocations under subsection B of this section are

made, the balance of monies in the Fund shall be available for

compensation pursuant to the provisions of the Oklahoma Used Tire

Recycling Act as follows:

1. Compensation to used tire facilities for used tire

processing, at the rate of Fifty-four Dollars ($54.00) per ton of

processed tire material. For compensation the following conditions

shall apply:

a. facilities that process used tires by altering the

form of the used tires but do not produce tire-derived

product shall not receive compensation until the

facility documents the sale and movement of the

processed used tire material off-site to a third

party,

b. facilities shall report and certify used tire

processing activity in terms of weight. The facility

shall by sworn affidavit provide to the Department

sufficient information to verify that the facility has

processed used tires and sold processed used tires for
ve compensation until the

facility documents the sale and movement of the

processed used tire material off-site to a third

party,

b. facilities shall report and certify used tire

processing activity in terms of weight. The facility

shall by sworn affidavit provide to the Department

sufficient information to verify that the facility has

processed used tires and sold processed used tires for

actual recycling or reuse in accordance with the

purposes of the Oklahoma Used Tire Recycling Act, and

c. to be eligible for compensation, a facility shall not

have accumulated more processed material than the

amount for which the facility has provided financial

assurance under its solid waste permit or the amount

accumulated from three (3) years of operation,

whichever is less;

2. a. Compensation to used tire recycling facilities or TDF

facilities at the rate of Fifty-three Dollars ($53.00)

per ton of whole used tires for the collection and

transportation of used tires from Oklahoma tire

dealers, automotive dismantlers and parts recyclers,

solid waste landfill sites, and dumps certified by the

Department priority cleanup list, and delivering the

tires to a used tire recycling facility or TDF

facility. The collection and transportation of used

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 277

tires shall be provided by the used tire recycling

facility or TDF facility at no additional cost to the

tire dealer or automotive dismantler and parts

recycler or to the Fund. The used tire recycling

facility or TDF facility shall collect from any

location at which there are at least three hundred

used tires.

b. Compensation under this paragraph shall not be payable

until the used tires have been actually processed

according to the solid waste permit for the facility

or actually used for energy or fuel recovery. A TDF

facility that collects and transports whole used tires

shall be eligible for compensation under this

paragraph only for those whole used tires consumed by

that facility.

c. No tire dealer shall charge any customer any

additional fee for the management, recycling, or

disposal of any used tire upon which the used tire

recycling fee has been remitted to the Tax Commission.

For customers who choose not to leave a used tire upon

which the used tire recycling fee has been remitted to

the Tax Commission, the tire dealer shall issue a

receipt which entitles the customer to deliver the

used tire to the dealer at a later date.

d. To be eligible for compensation pursuant to this

paragraph, the used tire recycling facility or TDF

facility shall:

(1) demonstrate to the satisfaction of the Department

that the facility is regularly engaged in the

collection, transportation and delivery of used

tires to a used tire recycling facility or to a

TDF facility, on a statewide basis, and from each

county of the state,

(2) provide documentation to the Department, signed

by a dealer at the time of collection, which

certifies remittance of appropriate fees to the

Oklahoma Tax Commission as a participating tire

dealer pursuant to the provisions of the Oklahoma

Used Tire Recycling Act, and
tires to a used tire recycling facility or to a

TDF facility, on a statewide basis, and from each

county of the state,

(2) provide documentation to the Department, signed

by a dealer at the time of collection, which

certifies remittance of appropriate fees to the

Oklahoma Tax Commission as a participating tire

dealer pursuant to the provisions of the Oklahoma

Used Tire Recycling Act, and

(3) annually demonstrate that at least three to six

percent (3-6%) of the tires were collected from

tire dumps or landfills on the Department

priority cleanup list or community-wide cleanup

events approved by the Department. The

Department is authorized to determine

periodically the applicable percentage within the

specified range set forth in this division based

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on the number of tires remaining in illegal dumps

and available funding.

e. In lieu of proof of remitted tire recycling fees, the

used tire recycling facility or TDF facility shall

accept proof of purchase of a salvage vehicle

registered in Oklahoma by an automotive dismantler and

parts recycler, licensed pursuant to the Automotive

Dismantlers and Parts Recycler Act, for the collection

and transportation of up to five used tires per

salvage vehicle purchased on or after January 1, 1996;

3. a. Compensation to a unit of local or county government

that submits to the Department for approval a plan for

the use of baled used tires in an engineering project.

Compensation shall be at the rate of fifty cents

($0.50) per tire.

b. The plan shall be approved by the Department before

construction of the project begins.

c. Any unit of local or county government baling used

tires shall not accumulate more than fifty used tire

bales prior to beginning construction of an approved

project.

d. Used tires baled pursuant to this paragraph cannot be

obtained from tire manufacturers, retailers,

wholesalers, retreaders, or automotive dismantlers and

parts recyclers.

e. Any unit of local or county government authorized to

receive reimbursement for the use of baled used tires

in an engineering project shall report and certify

whole used tires by number. The governmental unit

shall by sworn affidavit provide sufficient

information to the Department to verify that the unit

has utilized the tires in accordance with the purposes

of the Oklahoma Used Tire Recycling Act; and

4. If the Fund contains insufficient funds in any month to

satisfy the eligible reimbursements under this subsection, the

Department shall determine the apportionment of payments to be made

among the qualified applicants under this subsection according to

the percentage of used tires processed, collected and transported,

or utilized.

D. 1. After the allocations under subsections B and C of this

section are made, any remaining monies in the Fund shall be

available for TDF facilities and used tire recycling facilities that

produce tire-derived product for compensation at the rate of Twenty-

nine Dollars ($29.00) per ton of processed or used tires utilized

for energy or fuel recovery or the production of tire-derived

product.

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2. The production of tire-derived product shall be considered a

compensable event separate from and in addition to any compensation

for used tire processing under subsection C of this section.

3. TDF facilities and used tire recycling facilities authorized

to receive reimbursement under this subsection shall report and

certify tire material used by weight.

4. The facilities shall by sworn affidavit provide to the

Department sufficient information to verify that the facility has

used the tires in accordance with the purposes of the Oklahoma Used

Tire Recycling Act.

5. If the Fund contains insufficient funds in any month to

satisfy the eligible reimbursements under this subsection, the
tion shall report and

certify tire material used by weight.

4. The facilities shall by sworn affidavit provide to the

Department sufficient information to verify that the facility has

used the tires in accordance with the purposes of the Oklahoma Used

Tire Recycling Act.

5. If the Fund contains insufficient funds in any month to

satisfy the eligible reimbursements under this subsection, the

Department shall determine the apportionment of payments to be made

among the qualified applicants according to the percentage of used

tires intended for energy or fuel recovery or the production of

tire-derived product.

E. 1. After the allocations under subsections B, C and D of

this section are made, any remaining monies in the Fund shall be

available for capital investment reimbursement to used tire

facilities and TDF facilities for the purchase of equipment

necessary to utilize used tires. Only equipment purchased on or

after January 1, 1995, shall be eligible. The facilities are

eligible for compensation at a rate of Twenty Dollars ($20.00) per

ton of used tires used. Total reimbursement shall not exceed one

hundred percent (100%) of the capital investment in eligible

equipment. The facilities may apply for compensation monthly to the

Department of Environmental Quality and shall supply any information

required by the Department.

2. If the Fund contains insufficient funds in any month to

satisfy the eligible reimbursements under this subsection, the

Department shall determine the apportionment of payments to be made

among the qualified applicants.

F. Subject to subsection G of this section, after the

allocations under subsections B, C, D and E of this section are

made, any remaining monies in the Fund, excluding monies collected

pursuant to paragraphs 3 and 4 of subsection B of Section 2-11-401.2

of this title, shall be disbursed as follows:

1. Additional compensation to used tire recycling facilities or

TDF facilities for the remediation of dumps certified by the

Department and delivering the tires to a used tire recycling

facility or a TDF facility. The Department shall determine

additional compensation made to qualified applicants under this

subsection based on cleanup feasibility of the dump. The Board

shall promulgate rules establishing unit costs for compensation

based on the remediation feasibility of the tire dumps. The

Department may solicit bids for the remediation of tire dumps if no

used tire recycling facilities or TDF facilities agree to remediate

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a priority tire dump authorized by the Department or if the

Department determines the qualified applicant has not remediated the

tires in the tire dump to meet reference conditions of comparable

property in the immediate area; and

2. Reimbursement to the Department of Environmental Quality for

necessary costs associated with remediation or other necessary

actions at sites at which used tires or other wastes incidental to

the used tires present a threat to human health or environment, or

for projects to increase market demand for products made from

Oklahoma used tires. The Solid Waste Management Advisory Council

shall recommend and the Environmental Quality Board shall adopt

rules governing the types of market development projects that may

qualify for reimbursement. To the extent possible, the rules shall

favor and the Department shall prioritize projects with the greatest

potential to benefit schools, communities and local governments.

Upon its receipt of documentation from the Department showing

expenditures relating to the remediation of such sites or market

development projects, the Tax Commission shall reimburse the

Department for its documented expenditures.

G. Accrued funding for the purposes specified in subsection F

of this section shall not exceed Five Hundred Thousand Dollars
s, communities and local governments.

Upon its receipt of documentation from the Department showing

expenditures relating to the remediation of such sites or market

development projects, the Tax Commission shall reimburse the

Department for its documented expenditures.

G. Accrued funding for the purposes specified in subsection F

of this section shall not exceed Five Hundred Thousand Dollars

($500,000.00). Once Five Hundred Thousand Dollars ($500,000.00) is

reached, any additional funds shall be distributed as additional

compensation under paragraph 1 of subsection C of this section.

H. 1. Used tire recycling facilities and TDF facilities that

collect, transport and process tires used on implements of husbandry

and agricultural equipment that are greater than thirty (30) inches

in total diameter and less than or equal to forty-four (44) inches

in total diameter shall be eligible for compensation at a rate of

Eight Dollars ($8.00) per tire.

a. Collection, transportation and processing of tires

under this paragraph shall be considered a compensable

event separate from and in addition to any

compensation under subsection C of this section.

b. Used tire recycling facilities and TDF facilities

authorized to receive reimbursement under this

paragraph shall report and certify the number of tires

collected and transported.

2. Used tire recycling facilities and TDF facilities that

collect, transport and process tires used on implements of husbandry

and agricultural equipment that are greater than forty-four (44)

inches in total diameter and less than or equal to seventy-two (72)

inches in total diameter and not more than thirty (30) inches wide,

shall be eligible for compensation at the rate of Sixteen Dollars

($16.00) per tire.

a. Collection, transportation and processing of tires

under this paragraph shall be considered a compensable

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event separate from and in addition to any

compensation under subsection C of this section.

b. Used tire recycling facilities and TDF facilities

authorized to receive reimbursement under this

paragraph shall report and certify the number of tires

collected and transported.

I. Used tire recycling facilities, TDF facilities, or persons,

corporations or other legal entities authorized by the provisions of

the Oklahoma Used Tire Recycling Act to receive reimbursement shall

demonstrate that the facilities or legal entities have successfully

complied with the requirements of the Oklahoma Used Tire Recycling

Act through the filing of appropriate applications, reports, and

other documentation that may be required by the Tax Commission and

the Department.