{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-11-401.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-11-401.4","heading":"Compensation to facilities - Allocation of Used","body":"Tire Recycling Indemnity Fund.\n\nA. Compensation to used tire facilities and tire-derived fuel\n\nor TDF facilities pursuant to this section shall be limited to\n\nfacilities located in Oklahoma. Compensation for used tire\n\nactivities pursuant to this section shall be limited to used tires\n\nfrom Oklahoma. A used tire recycling facility or tire-derived fuel\n\nor TDF facility may transport and deliver used tires collected from\n\nOklahoma to an out-of-state used tire recycling facility or TDF\n\nfacility but shall not be eligible for compensation from the Used\n\nTire Recycling Indemnity Fund for those used tires. To be eligible,\n\napplicants for compensation shall be in compliance with the Oklahoma\n\nUsed Tire Recycling Act.\n\nB. The monies accruing annually to the Used Tire Recycling\n\nIndemnity Fund shall be allocated first to the Department of\n\nEnvironmental Quality Revolving Fund, to be used for implementing\n\napplicable requirements related to the control of mobile and area\n\nsources of air emissions, for monitoring and modeling the impacts on\n\nOklahoma of air pollution from other states, for implementing and\n\nenforcing other applicable air pollution control requirements or for\n\nother environmental programs or projects. The amount of money\n\nallocated for this purpose shall be twenty-four and one-tenth\n\npercent (24.1%) of the funds produced by the two-dollar-and-ninety-\n\ncent per tire fee assessed pursuant to division (1) of subparagraph\n\na of paragraph 1 of subsection A of Section 2-11-401.2 of this title\n\nand subparagraph b of paragraph 1 of subsection A of Section 2-11-\n\n401.2 of this title; provided, in no event shall the amount\n\nallocated annually exceed the 3-year average of the total fiscal\n\nyear amounts allocated in fiscal years 2015, 2016 and 2017 and any\n\namount in excess of the 3-year average shall be placed to the credit\n\nof the General Revenue Fund. After this allocation is deducted, the\n\nbalance of the monies shall be allocated as follows:\n\n1. Two and one-fourth percent (2.25%), not to exceed Twenty\n\nThousand Dollars ($20,000.00) per month, to the Oklahoma Tax\n\nCommission and five and three-fourths percent (5.75%), not to exceed\n\nFifty Thousand Dollars ($50,000.00) per month, to the Department of\n\nEnvironmental Quality for the purpose of administering the\n\nrequirements of the Oklahoma Used Tire Recycling Act; provided, in\n\nno event shall either of the amounts allocated annually pursuant to\n\nthis paragraph exceed the 3-year average of the total fiscal year\n\namounts allocated in fiscal years 2015, 2016 and 2017 and any amount\n\nin excess of the 3-year average shall be placed to the credit of the\n\nUsed Tire Recycling Indemnity Fund; and\n\n2. An amount not to exceed Fifty Thousand Dollars ($50,000.00)\n\nper audit to the State Auditor and Inspector for the purpose of\n\nconducting audits of the Oklahoma Used Tire Recycling Program\n\npursuant to Section 2-11-401.6 of this title.\n\nC. After the allocations under subsection B of this section are\n\nmade, the balance of monies in the Fund shall be available for\n\ncompensation pursuant to the provisions of the Oklahoma Used Tire\n\nRecycling Act as follows:\n\n1. Compensation to used tire facilities for used tire\n\nprocessing, at the rate of Fifty-four Dollars ($54.00) per ton of\n\nprocessed tire material. For compensation the following conditions\n\nshall apply:\n\na. facilities that process used tires by altering the\n\nform of the used tires but do not produce tire-derived\n\nproduct shall not receive compensation until the\n\nfacility documents the sale and movement of the\n\nprocessed used tire material off-site to a third\n\nparty,\n\nb. facilities shall report and certify used tire\n\nprocessing activity in terms of weight. The facility\n\nshall by sworn affidavit provide to the Department\n\nsufficient information to verify that the facility has\n\nprocessed used tires and sold processed used tires for\nve compensation until the\n\nfacility documents the sale and movement of the\n\nprocessed used tire material off-site to a third\n\nparty,\n\nb. facilities shall report and certify used tire\n\nprocessing activity in terms of weight. The facility\n\nshall by sworn affidavit provide to the Department\n\nsufficient information to verify that the facility has\n\nprocessed used tires and sold processed used tires for\n\nactual recycling or reuse in accordance with the\n\npurposes of the Oklahoma Used Tire Recycling Act, and\n\nc. to be eligible for compensation, a facility shall not\n\nhave accumulated more processed material than the\n\namount for which the facility has provided financial\n\nassurance under its solid waste permit or the amount\n\naccumulated from three (3) years of operation,\n\nwhichever is less;\n\n2. a. Compensation to used tire recycling facilities or TDF\n\nfacilities at the rate of Fifty-three Dollars ($53.00)\n\nper ton of whole used tires for the collection and\n\ntransportation of used tires from Oklahoma tire\n\ndealers, automotive dismantlers and parts recyclers,\n\nsolid waste landfill sites, and dumps certified by the\n\nDepartment priority cleanup list, and delivering the\n\ntires to a used tire recycling facility or TDF\n\nfacility. The collection and transportation of used\n\ntires shall be provided by the used tire recycling\n\nfacility or TDF facility at no additional cost to the\n\ntire dealer or automotive dismantler and parts\n\nrecycler or to the Fund. The used tire recycling\n\nfacility or TDF facility shall collect from any\n\nlocation at which there are at least three hundred\n\nused tires.\n\nb. Compensation under this paragraph shall not be payable\n\nuntil the used tires have been actually processed\n\naccording to the solid waste permit for the facility\n\nor actually used for energy or fuel recovery. A TDF\n\nfacility that collects and transports whole used tires\n\nshall be eligible for compensation under this\n\nparagraph only for those whole used tires consumed by\n\nthat facility.\n\nc. No tire dealer shall charge any customer any\n\nadditional fee for the management, recycling, or\n\ndisposal of any used tire upon which the used tire\n\nrecycling fee has been remitted to the Tax Commission.\n\nFor customers who choose not to leave a used tire upon\n\nwhich the used tire recycling fee has been remitted to\n\nthe Tax Commission, the tire dealer shall issue a\n\nreceipt which entitles the customer to deliver the\n\nused tire to the dealer at a later date.\n\nd. To be eligible for compensation pursuant to this\n\nparagraph, the used tire recycling facility or TDF\n\nfacility shall:\n\n(1) demonstrate to the satisfaction of the Department\n\nthat the facility is regularly engaged in the\n\ncollection, transportation and delivery of used\n\ntires to a used tire recycling facility or to a\n\nTDF facility, on a statewide basis, and from each\n\ncounty of the state,\n\n(2) provide documentation to the Department, signed\n\nby a dealer at the time of collection, which\n\ncertifies remittance of appropriate fees to the\n\nOklahoma Tax Commission as a participating tire\n\ndealer pursuant to the provisions of the Oklahoma\n\nUsed Tire Recycling Act, and\ntires to a used tire recycling facility or to a\n\nTDF facility, on a statewide basis, and from each\n\ncounty of the state,\n\n(2) provide documentation to the Department, signed\n\nby a dealer at the time of collection, which\n\ncertifies remittance of appropriate fees to the\n\nOklahoma Tax Commission as a participating tire\n\ndealer pursuant to the provisions of the Oklahoma\n\nUsed Tire Recycling Act, and\n\n(3) annually demonstrate that at least three to six\n\npercent (3-6%) of the tires were collected from\n\ntire dumps or landfills on the Department\n\npriority cleanup list or community-wide cleanup\n\nevents approved by the Department. The\n\nDepartment is authorized to determine\n\nperiodically the applicable percentage within the\n\nspecified range set forth in this division based\n\non the number of tires remaining in illegal dumps\n\nand available funding.\n\ne. In lieu of proof of remitted tire recycling fees, the\n\nused tire recycling facility or TDF facility shall\n\naccept proof of purchase of a salvage vehicle\n\nregistered in Oklahoma by an automotive dismantler and\n\nparts recycler, licensed pursuant to the Automotive\n\nDismantlers and Parts Recycler Act, for the collection\n\nand transportation of up to five used tires per\n\nsalvage vehicle purchased on or after January 1, 1996;\n\n3. a. Compensation to a unit of local or county government\n\nthat submits to the Department for approval a plan for\n\nthe use of baled used tires in an engineering project.\n\nCompensation shall be at the rate of fifty cents\n\n($0.50) per tire.\n\nb. The plan shall be approved by the Department before\n\nconstruction of the project begins.\n\nc. Any unit of local or county government baling used\n\ntires shall not accumulate more than fifty used tire\n\nbales prior to beginning construction of an approved\n\nproject.\n\nd. Used tires baled pursuant to this paragraph cannot be\n\nobtained from tire manufacturers, retailers,\n\nwholesalers, retreaders, or automotive dismantlers and\n\nparts recyclers.\n\ne. Any unit of local or county government authorized to\n\nreceive reimbursement for the use of baled used tires\n\nin an engineering project shall report and certify\n\nwhole used tires by number. The governmental unit\n\nshall by sworn affidavit provide sufficient\n\ninformation to the Department to verify that the unit\n\nhas utilized the tires in accordance with the purposes\n\nof the Oklahoma Used Tire Recycling Act; and\n\n4. If the Fund contains insufficient funds in any month to\n\nsatisfy the eligible reimbursements under this subsection, the\n\nDepartment shall determine the apportionment of payments to be made\n\namong the qualified applicants under this subsection according to\n\nthe percentage of used tires processed, collected and transported,\n\nor utilized.\n\nD. 1. After the allocations under subsections B and C of this\n\nsection are made, any remaining monies in the Fund shall be\n\navailable for TDF facilities and used tire recycling facilities that\n\nproduce tire-derived product for compensation at the rate of Twenty-\n\nnine Dollars ($29.00) per ton of processed or used tires utilized\n\nfor energy or fuel recovery or the production of tire-derived\n\nproduct.\n\n2. The production of tire-derived product shall be considered a\n\ncompensable event separate from and in addition to any compensation\n\nfor used tire processing under subsection C of this section.\n\n3. TDF facilities and used tire recycling facilities authorized\n\nto receive reimbursement under this subsection shall report and\n\ncertify tire material used by weight.\n\n4. The facilities shall by sworn affidavit provide to the\n\nDepartment sufficient information to verify that the facility has\n\nused the tires in accordance with the purposes of the Oklahoma Used\n\nTire Recycling Act.\n\n5. If the Fund contains insufficient funds in any month to\n\nsatisfy the eligible reimbursements under this subsection, the\ntion shall report and\n\ncertify tire material used by weight.\n\n4. The facilities shall by sworn affidavit provide to the\n\nDepartment sufficient information to verify that the facility has\n\nused the tires in accordance with the purposes of the Oklahoma Used\n\nTire Recycling Act.\n\n5. If the Fund contains insufficient funds in any month to\n\nsatisfy the eligible reimbursements under this subsection, the\n\nDepartment shall determine the apportionment of payments to be made\n\namong the qualified applicants according to the percentage of used\n\ntires intended for energy or fuel recovery or the production of\n\ntire-derived product.\n\nE. 1. After the allocations under subsections B, C and D of\n\nthis section are made, any remaining monies in the Fund shall be\n\navailable for capital investment reimbursement to used tire\n\nfacilities and TDF facilities for the purchase of equipment\n\nnecessary to utilize used tires. Only equipment purchased on or\n\nafter January 1, 1995, shall be eligible. The facilities are\n\neligible for compensation at a rate of Twenty Dollars ($20.00) per\n\nton of used tires used. Total reimbursement shall not exceed one\n\nhundred percent (100%) of the capital investment in eligible\n\nequipment. The facilities may apply for compensation monthly to the\n\nDepartment of Environmental Quality and shall supply any information\n\nrequired by the Department.\n\n2. If the Fund contains insufficient funds in any month to\n\nsatisfy the eligible reimbursements under this subsection, the\n\nDepartment shall determine the apportionment of payments to be made\n\namong the qualified applicants.\n\nF. Subject to subsection G of this section, after the\n\nallocations under subsections B, C, D and E of this section are\n\nmade, any remaining monies in the Fund, excluding monies collected\n\npursuant to paragraphs 3 and 4 of subsection B of Section 2-11-401.2\n\nof this title, shall be disbursed as follows:\n\n1. Additional compensation to used tire recycling facilities or\n\nTDF facilities for the remediation of dumps certified by the\n\nDepartment and delivering the tires to a used tire recycling\n\nfacility or a TDF facility. The Department shall determine\n\nadditional compensation made to qualified applicants under this\n\nsubsection based on cleanup feasibility of the dump. The Board\n\nshall promulgate rules establishing unit costs for compensation\n\nbased on the remediation feasibility of the tire dumps. The\n\nDepartment may solicit bids for the remediation of tire dumps if no\n\nused tire recycling facilities or TDF facilities agree to remediate\n\na priority tire dump authorized by the Department or if the\n\nDepartment determines the qualified applicant has not remediated the\n\ntires in the tire dump to meet reference conditions of comparable\n\nproperty in the immediate area; and\n\n2. Reimbursement to the Department of Environmental Quality for\n\nnecessary costs associated with remediation or other necessary\n\nactions at sites at which used tires or other wastes incidental to\n\nthe used tires present a threat to human health or environment, or\n\nfor projects to increase market demand for products made from\n\nOklahoma used tires. The Solid Waste Management Advisory Council\n\nshall recommend and the Environmental Quality Board shall adopt\n\nrules governing the types of market development projects that may\n\nqualify for reimbursement. To the extent possible, the rules shall\n\nfavor and the Department shall prioritize projects with the greatest\n\npotential to benefit schools, communities and local governments.\n\nUpon its receipt of documentation from the Department showing\n\nexpenditures relating to the remediation of such sites or market\n\ndevelopment projects, the Tax Commission shall reimburse the\n\nDepartment for its documented expenditures.\n\nG. Accrued funding for the purposes specified in subsection F\n\nof this section shall not exceed Five Hundred Thousand Dollars\ns, communities and local governments.\n\nUpon its receipt of documentation from the Department showing\n\nexpenditures relating to the remediation of such sites or market\n\ndevelopment projects, the Tax Commission shall reimburse the\n\nDepartment for its documented expenditures.\n\nG. Accrued funding for the purposes specified in subsection F\n\nof this section shall not exceed Five Hundred Thousand Dollars\n\n($500,000.00). Once Five Hundred Thousand Dollars ($500,000.00) is\n\nreached, any additional funds shall be distributed as additional\n\ncompensation under paragraph 1 of subsection C of this section.\n\nH. 1. Used tire recycling facilities and TDF facilities that\n\ncollect, transport and process tires used on implements of husbandry\n\nand agricultural equipment that are greater than thirty (30) inches\n\nin total diameter and less than or equal to forty-four (44) inches\n\nin total diameter shall be eligible for compensation at a rate of\n\nEight Dollars ($8.00) per tire.\n\na. Collection, transportation and processing of tires\n\nunder this paragraph shall be considered a compensable\n\nevent separate from and in addition to any\n\ncompensation under subsection C of this section.\n\nb. Used tire recycling facilities and TDF facilities\n\nauthorized to receive reimbursement under this\n\nparagraph shall report and certify the number of tires\n\ncollected and transported.\n\n2. Used tire recycling facilities and TDF facilities that\n\ncollect, transport and process tires used on implements of husbandry\n\nand agricultural equipment that are greater than forty-four (44)\n\ninches in total diameter and less than or equal to seventy-two (72)\n\ninches in total diameter and not more than thirty (30) inches wide,\n\nshall be eligible for compensation at the rate of Sixteen Dollars\n\n($16.00) per tire.\n\na. Collection, transportation and processing of tires\n\nunder this paragraph shall be considered a compensable\n\nevent separate from and in addition to any\n\ncompensation under subsection C of this section.\n\nb. Used tire recycling facilities and TDF facilities\n\nauthorized to receive reimbursement under this\n\nparagraph shall report and certify the number of tires\n\ncollected and transported.\n\nI. Used tire recycling facilities, TDF facilities, or persons,\n\ncorporations or other legal entities authorized by the provisions of\n\nthe Oklahoma Used Tire Recycling Act to receive reimbursement shall\n\ndemonstrate that the facilities or legal entities have successfully\n\ncomplied with the requirements of the Oklahoma Used Tire Recycling\n\nAct through the filing of appropriate applications, reports, and\n\nother documentation that may be required by the Tax Commission and\n\nthe Department.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"95f10a4bd6dd49a4d32b0c66f0e3e02b1683e9c492fcfc2deaa3ac6b7384051f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-11-401.3","next":"us-ok/okla.-stat.-tit.-27a-27a-2-11-401.6"},"notice":"GroundRules: Original legal text. Not legal advice."}