Okla. Stat. tit. 27A, § 27A-2-11-401.7

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

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 284

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.

Oklahoma Statutes - Title 27A. Environment and Natural Resources Page 285

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
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.