As used in the Oklahoma Used Tire Recycling Act:
1. "ASTM" means the American Society for Testing and Materials;
2. "Automobile" means every motor vehicle of the type constructed and used for the transportation of ten persons or less, including the driver, or used for the transportation of property. Provided, however, that the automobile's gross vehicle weight rating does not exceed sixteen thousand (16,000) pounds;
3. "Automotive dismantler and parts recycler" means the same as defined in Section 591.2 of Title 47 of the Oklahoma Statutes;
4. "Commission" means the Oklahoma Tax Commission;
5. "Department" means the Department of Environmental Quality;
6. "End use" means a Department-approved ultimate economic use for a used tire or tire-derived product, including granulated rubber, ground rubber, tire chips, tire-derived aggregate, tire-derived fuel and tire shreds;
7. "Fund" means the Used Tire Recycling Indemnity Fund;
8. "Granulated rubber" means particulate rubber composed of mainly nonspherical particles that span a broad range of maximum particle dimensions, from below four hundred twenty-five thousandths (0.425) of a millimeter (40 mesh) to twelve (12) millimeters (0.47 inches) pursuant to current ASTM standards;
9. "Ground rubber" means particulate rubber composed of mainly nonspherical particles that span a broad range of maximum particle dimensions, from below four hundred twenty-five thousandths (0.425) of a millimeter (40 mesh) to two (2) millimeters (0.08 inches) pursuant to current ASTM standards;
10. "Motorcycle" means a motor vehicle of a type defined in Section 1-135 of Title 47 of the Oklahoma Statutes;
11. "Motor-driven cycle" means a motor vehicle of a type defined in Section 1-136 of Title 47 of the Oklahoma Statutes;
12. "Motor vehicle" means the same as defined in Section 1-134 of Title 47 of the Oklahoma Statutes;
13. "Priority cleanup list" means a list, created and maintained by the Department, of:
14. "Reusable tire" means a tire that has been previously used on a vehicle, not currently mounted on a vehicle, but can be legally placed into service for vehicle use in Oklahoma;
15. "Semitrailer" means the same as defined in Section 1-162 of Title 47 of the Oklahoma Statutes;
16. "Tire" means any solid or air-filled covering for vehicle wheels;
17. "Tire chips" means pieces of scrap tires that have a basic geometrical shape and are generally between twelve (12) millimeters (0.47 inches) and fifty (50) millimeters (1.97 inches) in size and have most of the wire removed pursuant to current ASTM standards;
18. "Tire dealer" means any person engaged in the business of selling new and used tires to final consumers, not for resale;
19. "Tire-derived aggregate" means pieces of scrap tires that have a basic geometrical shape and are generally between twelve (12) millimeters (0.47 inches) and three hundred five (305) millimeters (12.01 inches) in size and are intended for use in civil engineering applications pursuant to ASTM standards;
20. "Tire-derived fuel" means whole tires or processed tires that can be used for energy or fuel recovery pursuant to current ASTM standards;
21. "Tire-derived fuel facility" or "TDF facility" means a facility that uses processed tires or whole used tires for energy or fuel recovery;
22. "Tire-derived product" means matter that:
23. "Tire shreds" means pieces of scrap tires that have a basic geometrical shape and are generally between fifty (50) millimeters (1.97 inches) and three hundred five (305) millimeters (12.01 inches) in size pursuant to current ASTM standards;
24. "Trailer" means the same as defined in Section 1-180 of Title 47 of the Oklahoma Statutes;
25. "Used tire" means an unprocessed whole tire or tire part that can no longer be used for its originally intended purpose but can be beneficially reused as approved by the Department. Any used tire collected in accordance with the requirements of the Oklahoma Used Tire Recycling Act is not considered to be discarded. A tire that can be used, reused or legally modified to be reused for its original intended purpose shall not be a used tire;
26. "Used tire processing" means altering the form of whole used tires by shredding, chipping or other method approved by the Department, except baling and pyrolysis;
27. "Used tire recycling facility" means any place which is permitted as a solid waste disposal site, in accordance with the Oklahoma Solid Waste Management Act, at which used tires are processed; and
28. "Vehicle" means the same as defined in Section 1-186 of Title 47 of the Oklahoma Statutes.
Added by Laws 1989, c. 176, § 2, eff. July 1, 1989. Amended by Laws 1991, c. 48, § 1, emerg. eff. April 9, 1991; Laws 1993, c. 145, § 192, eff. July 1, 1993. Renumbered from § 53002 of Title 68 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1995, c. 191, § 2, eff. Nov. 1, 1995; Laws 1998, c. 314, § 11, eff. July 1, 1998; Laws 1999, c. 1, § 11, emerg. eff. Feb. 24, 1999; Laws 2001, c. 388, § 1, eff. Nov. 1, 2001; Laws 2004, c. 185, § 1, emerg. eff. May 3, 2004; Laws 2005, c. 230, § 1, eff. July 1, 2005. Renumbered from § 2-11-402 of this title by Laws 2005, c. 230, § 8, eff. July 1, 2005. Amended by Laws 2011, c. 164, § 2, eff. July 1, 2011; Laws 2017, c. 286, § 1, eff. Nov. 1, 2017; Laws 2019, c. 336, § 1, eff. July 1, 2019.
NOTE: Laws 1998, c. 114, § 1 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.
Structure Oklahoma Statutes
Title 27A. Environment and Natural Resources
§27A-1-1-202. State environmental agencies - Powers, duties and responsibilities.
§27A-1-1-206. Economic impact and environmental benefit statements.
§27A-1-1-207. Kyoto Protocol – Implementation – Ratification by United States Senate.
§27A-1-2-103. Environmental Remediation Revolving Fund.
§27A-1-2-104. Environmental Programs Revolving Fund.
§27A-1-3-101. See the following versions:
§27A-1-4-107. Maintenance of computerized water quality data.
§27A-1-4-110. Short title - Oklahoma Environmental, Health and Safety Audit Privilege Act.
§27A-1-4-113. Audit report - Components.
§27A-1-4-114. Audit report privilege - Confidentiality.
§27A-1-4-115. Waiver of privilege – Unauthorized disclosure - Liability.
§27A-1-4-116. Disclosure by court or administrative hearings officials.
§27A-1-4-117. Information not subject to privilege.
§27A-1-4-119. Voluntary disclosure of violations - Immunity.
§27A-1-4-120. Effective date of application.
§27A-1-4-121. Construction with statutory or common law privilege.
§27A-2-1-101. Short title - Subsequent enactments.
§27A-2-2-103. Attorney General as legal counsel.
§27A-2-2-105. Applications for permits for water reuse projects.
§27A-2-2-201. Advisory councils.
§27A-2-3-102. Customer assistance program - Additional responsibilities.
§27A-2-3-103. Administrative Law Judges - Duties - Qualifications - Proceedings.
§27A-2-3-104. Complaints program.
§27A-2-3-105. Pollution Prevention Program - Creation.
§27A-2-3-106. Pollution prevention, defined.
§27A-2-3-109. Oklahoma Energy Efficiency and Emission Reduction Program.
§27A-2-3-202. Powers and duties of Department.
§27A-2-3-301. Renewal of license - Renewal fee - Penalty fee - Promulgation of rules.
§27A-2-3-302. Applications for permits or other authorizations.
§27A-2-3-402. Schedule of fees.
§27A-2-3-403. Environmental Trust Revolving Fund.
§27A-2-3-504. Violation of Code, order, permit or license or rule - Penalties and remedies.
§27A-2-3-505. Fraud or misrepresentation - Additional penalties.
§27A-2-3-506. Violations, remedies and penalties cumulative.
§27A-2-3-507. Compliance schedules.
§27A-2-4-201. Services and analyses - Rules - Fee schedule - Contracts.
§27A-2-4-301. Duties of Department.
§27A-2-4-302. Promulgation of rules - Fee schedule - Disposition of fees.
§27A-2-4-304. Acceptance of reports or laboratory analyses performed by accredited laboratories.
§27A-2-4-305. Suspension, revocation, or refusal to renew laboratory accreditation.
§27A-2-4-306. Department of Environmental Quality - Accreditations.
§27A-2-5-103. Municipal regulation - Powers of State Board of Agriculture.
§27A-2-5-105. Administrative agency - Powers and duties.
§27A-2-5-106.1. Controlled open burning - Fire training.
§27A-2-5-106. Rules and regulations.
§27A-2-5-107. Air Quality Council - Powers and duties.
§27A-2-5-108. Director of Air Quality Program - Powers and duties.
§27A-2-5-112. Comprehensive permitting program - Issuance, denial or renewal.
§27A-2-5-113. Permit fees - Department of Environmental Quality Revolving Fund subaccount.
§27A-2-5-116. Violations - Penalties.
§27A-2-5-117. Civil actions - Injunctions - Abatement - Civil penalties.
§27A-2-5-130. Air curtain incinerators – Limitations on required use.
§27A-2-6-102. Declaration of policy.
§27A-2-6-103.1. Contracts for technical assistance programs.
§27A-2-6-103. See the following versions:
§27A-2-6-103v1. Powers and duties of Department, Board and Executive Director.
§27A-2-6-103v2. Powers and duties of Department, Board and Executive Director.
§27A-2-6-104. Purpose and construction.
§27A-2-6-105. Pollution of state air, land or waters - Order to cease.
§27A-2-6-107. Definition – Gray water.
§27A-2-6-108. Application of less than 250 gallons of private residential gray water - Permitting.
§27A-2-6-109. Potable reuse of treated wastewater - Storage.
§27A-2-6-110. Pilot projects for aquifer storage and recovery.
§27A-2-6-201. Short title - Construction and application.
§27A-2-6-203. Powers and duties of Board - Authority of Department.
§27A-2-6-205. Unlawful discharge - Permit requirements - Authority of Department.
§27A-2-6-206. Violations - Enforcement procedures - Penalties.
§27A-2-6-301. Oklahoma Water Supply Systems Act - Short title.
§27A-2-6-302. Cooperation with federal agencies.
§27A-2-6-303. Rules and standards.
§27A-2-6-304. Public water supply - Permit required - Exceptions - Application.
§27A-2-6-305. Waterworks - Filing of plans and surveys.
§27A-2-6-306. Annual service fee - Laboratory analyses.
§27A-2-6-307. Investigations of sanitary quality of water.
§27A-2-6-310.1. Legislative findings and declaration.
§27A-2-6-310.2. Promulgation of rules - Wellhead protection program.
§27A-2-6-310.3. Groundwater protection education program.
§27A-2-6-310.4. Act not to affect certain agencies' powers and duties.
§27A-2-6-402. Rules - Exemptions.
§27A-2-6-403.1. Inspections of existing sewage disposal systems.
§27A-2-6-501.2. Sludge management land application plan.
§27A-2-6-501.3. Promulgation of rules.
§27A-2-6-501.5. Agricultural use of sludge.
§27A-2-6-501.6. Distribution of municipal sludge.
§27A-2-6-601. Rules - Application - Authority of Department.
§27A-2-6-801. Licenses required - Rules and regulations.
§27A-2-6-901. Penalties - Misdemeanor - Injunctions - Assessment of civil penalties.
§27A-2-7-102. Hazardous waste - Regulation and control by this act.
§27A-2-7-104. Hazardous waste management program - Personnel.
§27A-2-7-105. Powers and duties of Department of Environmental Quality.
§27A-2-7-106. Rules and regulations - Hearings - Consultation and advice.
§27A-2-7-107. Rules - Regulation of radioactive waste - Federal preemption.
§27A-2-7-110. Liquid hazardous waste - Certain disposal prohibited - Exceptions.
§27A-2-7-112. Hazardous waste facility construction to be supervised.
§27A-2-7-113.1. Issuance of permits - Suitability of facility - Administrative procedures.
§27A-2-7-114. New hazardous waste facilities within eight miles of corporate limits - Exemptions.
§27A-2-7-117. Multi-user on-site treatment facilities - Permits - Suitability factors.
§27A-2-7-118. Facilities that recycle hazardous waste - Permit requirements, exemption.
§27A-2-7-121.1. Waiver of fee.
§27A-2-7-121. Annual fee - Exemptions - Expenditure of funds.
§27A-2-7-122. Disposal by underground injection - Limitation of annual fee.
§27A-2-7-124. Monitoring of closed facility.
§27A-2-7-125. Hazardous waste manifest.
§27A-2-7-127. Corrective action - Permit review - Permit renewal - Information and reports.
§27A-2-7-128. Administrative penalties - Disposition and use.
§27A-2-7-129. Violations - Civil penalties.
§27A-2-7-130. Violations - Criminal penalties.
§27A-2-7-131. Initiation and prosecution of action.
§27A-2-7-132. Appeal of issuance of permit - Stay of time restraints.
§27A-2-7-201. Special Economic Development Trust Funds.
§27A-2-7-302. Purposes of act.
§27A-2-7-305. Assistance to political subdivisions.
§27A-2-7-307. Report of use and disposition of funds.
§27A-2-7-403. Licensure and regulation of highway remediation and cleanup services and operators.
§27A-2-7-406. Applicability - Exceptions.
§27A-2-8-102. Central Interstate Low-Level Radioactive Waste Compact - Enactment.
§27A-2-8-103. Authorization to execute Compact.
§27A-2-8-202. Rules - Apportionment of fees.
§27A-2-8-203. Oklahoma rate-review agency.
§27A-2-8-204. Study of Oklahoma as low-level radioactive waste disposal site.
§27A-2-9-107. Exercise of federal authority - Impoundment of radioactive materials.
§27A-2-10-202. Powers and duties of Department of Environmental Quality.
§27A-2-10-205.1. Recycling - Protection from unnecessary and burdensome regulation.
§27A-2-10-205. Oklahoma Recycling Initiative.
§27A-2-10-301.2. Commercial composting facility - Permit.
§27A-2-10-301. Permit required - Exemptions - Remediation projects.
§27A-2-10-303.1. Availability of administrative permit hearing.
§27A-2-10-304. Variances - One-hundred year flood plains.
§27A-2-10-306. Appeal of issuance of permit - Stay of time restraints.
§27A-2-10-401. Sludge defined.
§27A-2-10-402.1. Acceptance of municipal sewage sludge by municipal solid waste landfill.
§27A-2-10-501. Nonhazardous industrial solid waste landfills - Permit - Restrictions.
§27A-2-10-701. Site closure plan - Financial security.
§27A-2-10-801.1. Vegetation plan.
§27A-2-10-801.2. Solid waste landfill - Exterior and interior slopes.
§27A-2-10-802.1. Application of reimbursement remainder to landfill closures.
§27A-2-10-802.2. Required components of a roofing material recycling facility.
§27A-2-10-802. Scales - Fees, reimbursement, exemptions - Expenditure of funds - Annual report.
§27A-2-10-805. Solid Waste Facility Emergency Closure Fund Special Account.
§27A-2-10-901. Powers and duties of cities and towns.
§27A-2-10-902. Sale or conveyance of property used as solid waste disposal site or landfill.
§27A-2-11-101. Recycling of waste - Studies.
§27A-2-11-102. Waste management public education program.
§27A-2-11-301. Short title - Application and construction.
§27A-2-11-302. Purpose of act.
§27A-2-11-304. Application for tax credit.
§27A-2-11-305. Certification of net investment expense - Allowance of tax credit.
§27A-2-11-306. Administration of act.
§27A-2-11-307. Rules and regulations.
§27A-2-11-401.2. Used tire recycling fee - Assessment - Remittance - Delinquencies - Penalties.
§27A-2-11-401.3. Used Tire Recycling Indemnity Fund.
§27A-2-11-401.4. Compensation to facilities - Allocation of Used Tire Recycling Indemnity Fund.
§27A-2-11-401. Oklahoma Used Tire Recycling Act.
§27A-2-11-502. Plastic bottles or containers - Definitions.
§27A-2-11-503. Plastic container labeling - Codes - Penalty.
§27A-2-11-504. Impermissible restrictions on auxiliary containers.
§27A-2-11-604. Collection and recovery services.
§27A-2-11-605. Manufacturer-Label required - Recovery plan.
§27A-2-11-606. Retailer-Sale requirements.
§27A-2-11-608. Liability for data on recovered devices.
§27A-2-11-609. Compliance with laws.
§27A-2-11-610. State agency purchases or leases - Rules - Financial or proprietary information.
§27A-2-11-611. Liability under other laws.
§27A-2-12-201. Promulgation of rules by Environmental Quality Board - Consistency with federal law.
§27A-2-12-301. Certification - Waiver - Renewal.
§27A-2-12-401. Education and public information program - Publication of informational pamphlet.
§27A-2-12-402. Renovation, demolition and remodeling - Guidelines.
§27A-2-12-501. Federal employment contingent upon federal funds.
§27A-2-14-201. Rules for implementation.
§27A-2-14-202. Department of Environmental Quality - Powers and duties.
§27A-2-14-301. Notice requirements.
§27A-2-14-302. Draft denial or draft permit - Notice requirements - Public review.
§27A-2-14-303. Public meeting - Procedure.
§27A-2-14-304. Issuance or denial of final permit - Administrative procedures.
§27A-2-14-305. General permits.
§27A-2-15-102. Purpose of act—Construction.
§27A-2-15-107. Land use disclosures - Filing - Violation of authorized uses.
§27A-2-15-108. Release of liability from administrative penalties or civil actions.
§27A-2-15-109. Reimbursement of costs.
§27A-2-16-104. Refinery Permitting Cooperative Agreement – Negotiations.
§27A-2-16-105. Executive Director and staff – Enumerated duties and activities – Director authority.
§27A-2-16-106. Coordinated state and federal authorization and review process.
§27A-2-16-107. Construction of act.
§27A-3-1-102. Legislative determination - Declaration of policy.
§27A-3-2-101. How constituted.
§27A-3-2-102. Perpetuation of soil and water conservation districts.
§27A-3-2-103. Executive Director, technical experts and employees - Office space.
§27A-3-2-103a. Temporary employees.
§27A-3-2-104. Chairman, quorum and expenses.
§27A-3-2-105. Bonds of employees and officers - Records - Annual audit.
§27A-3-2-106. Powers and duties of Commission.
§27A-3-2-106a. Conservation Commission Revolving Fund.
§27A-3-2-106b. Conservation Commission Tar Creek Mine Reclamation Revolving Fund.
§27A-3-2-107. Establishment and maintenance - Reports - List of permit approvals.
§27A-3-2-109. Concentrated Animal Feeding Operation Revolving Fund.
§27A-3-2-110. Oklahoma Conservation Commission Infrastructure Revolving Fund
§27A-3-3-101. Status and powers.
§27A-3-3-102. Board of directors - Officers - Filing notice of organization - Quorum - Voting.
§27A-3-3-104. Bonds - Records - Audits.
§27A-3-3-105. Powers and duties.
§27A-3-3-106. Authority to obtain loan or grant.
§27A-3-3-107. District as local agency.
§27A-3-3-109. Status of district's conservation plan.
§27A-3-3-111. Cooperation with districts.
§27A-3-3-112. Cooperation between districts.
§27A-3-3-114. Purpose - Rules - Definition.
§27A-3-3-115. Conservation Cost-Share Fund.
§27A-3-3-117. Financial or general obligation of state - Construction of act.
§27A-3-3-202. Advisory committees.
§27A-3-3-301. Date of election - Eligible voters.
§27A-3-3-302. Notice of filing period.
§27A-3-3-303. Filing period, notification and declaration of candidacy.
§27A-3-3-304. Election of directors.
§27A-3-3-402. Certificate of Secretary of State as evidence.
§27A-3-3-403. Filing, recording, certification - Fees and charges.
§27A-3-3-404. County funds may be appropriated.
§27A-3-3-407. Allocation of funds.
§27A-3-3-408. Requirements for funds to be expended.
§27A-3-3-409. Restriction on use of funds.
§27A-3-3-410. Payment of insurance premiums for employees.
§27A-3-3-411. "Operation and maintenance" or "operate and maintain" - Interpretation.
§27A-3-3-412. Operation and maintenance of structures for flood control.
§27A-3-3-413. Directors' participation in health or dental insurance plans.
§27A-3-3-414. Transfer of employee service time.
§27A-3-3-501. Creation of program - Purpose.
§27A-3-4-101. Short title – Legislative findings and intent.
§27A-3-4-102. Oklahoma Conservation Commission - Duties.
§27A-3-4-103. Acceptance of public and private funds.
§27A-3-4-104. Carbon Sequestration Assessment Cash Fund.
§27A-3-4-105. Carbon sequestration certification program - Applications - Fees.
§27A-3-4-106.1. Oklahoma State Facilities Energy Conservation Program.
§27A-3-5-101. Short title - Legislative findings and intent.
§27A-3-5-103. Agency jurisdiction.
§27A-3-5-105. Carbon dioxide property rights - Obligations relieved - Jurisdiction.
§27A-3-5-106. Construction of act.
§27A-3-7-101. Short title - Healthy Soil Program Act.
§27A-3-7-103. Healthy soil program.
§27A-3-7-104. Composition of program – Administration of program.
§27A-4-1-101. Short title - Purpose.
§27A-4-1-104. Liability for release of dangerous substance - Construction of act.
§27A-4-1-106. Prosecution of violations - Actions for injunctive relief - Jurisdiction - Penalties.
§27A-4-1-107. Board of Health - Authority to adopt rules and requirements.
§27A-4-2-104. Member agencies - Annual budgets.
§27A-4-2-105. Local emergency planning committees - Privileges and immunities.
§27A-1012. Legislative findings and declarations.
§27A-1014. Powers of CTT that makes election.
§27A-1016. Cessation of powers of CTT and Department.
§27A-1017. Construction of act - Effect on rights, powers, duties, etc. of CTT.
§27A-2002. Lead-acid battery retailers - Signs.
§27A-2003. Motor oil retailers - Signs.
§27A-2202. Legislative findings.
§27A-2204. Enforcement of reoccupation restrictions - Penalties - Injunction.
§27A-2207. Ottawa Reclamation Authority - Termination.
§27A-2250. Emergency Drought Relief Fund.