§ 2-11-401.7. Unlawful storage, collection, disposal, transportation, or removal of used tires-...
Oklahoma Statutes AnnotatedTitle 27A. Environment and Natural ResourcesEffective: July 1, 2019
Effective: July 1, 2019
27A Okl.St.Ann. § 2-11-401.7
§ 2-11-401.7. Unlawful storage, collection, disposal, transportation, or removal of used tires--Penalties--Exemptions--Clean up of dump
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;
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
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.
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.
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:
Credits
Laws 1989, c. 176, § 11, eff. July 1, 1989. Renumbered from Title 63, § 1-2324 and amended by Laws 1993, c. 145, §§ 159, 359, eff. July 1, 1993. Laws 1994, c. 353, § 35, eff. July 1, 1994. Renumbered from Title 27A, § 2-10-602 and amended by Laws 1995, c. 191, §§ 1, 10, eff. Nov. 1, 1995. Laws 1998, c. 114, § 7, emerg. eff. April 13, 1998. Renumbered from Title 27A, § 2-11-413 and amended by Laws 2005, c. 230, §§ 5, 14, eff. July 1, 2005. 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.
27A Okl. St. Ann. § 2-11-401.7, OK ST T. 27A § 2-11-401.7
Current with emergency effective legislation through Chapter 316 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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