{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-11-401.7","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-11-401.7","heading":"Unlawful storage, collection, disposal,","body":"transportation or removal of used tires - Penalties.\n\nA. Except as otherwise provided by this section, it shall be\n\nunlawful for any person to:\n\n1. Own or operate a site used for the storage, collection or\n\ndisposal of more than fifty used tires except at a site or facility\n\npermitted or approved by the Department of Environmental Quality to\n\naccept used tires. The provisions of this paragraph shall not apply\n\nto tire manufacturers, retailers, wholesalers and retreaders who\n\nstore a total of no more than two thousand five hundred used tires\n\nat their place of business or an ancillary off-premises storage site\n\napproved by the Department, and who are currently in compliance with\n\napplicable Oklahoma Tax Commission requirements;\n\n2. Dispose of used tires at any site or facility other than a\n\nsite or facility for which a permit has been issued, or which has\n\nbeen otherwise authorized by the Department;\n\n3. Knowingly transport or knowingly allow used tires under the\n\ncontrol or in the possession of the person to be transported to an\n\nunpermitted or unapproved site or facility;\n\n4. Remove more than ten used tires or reusable tires from the\n\npossession of the dealer unless the dealer provides a manifest form,\n\napproved by the Department, which documents the removal and approved\n\ndisposition or sale of the tires and which accompanies the tires in\n\ntransport, or to transport used or reusable tires in violation of\n\nrules promulgated by the Department. Dealers, haulers, and used\n\ntire recycling facilities shall keep copies of manifests available\n\nfor inspection for five (5) years; or\n\n5. Sell any tire without collecting and remitting appropriate\n\nfees to the Tax Commission in accordance with Section 2-11-401.2 of\n\nthis title.\n\nB. The provisions of subsection A of this section shall not\n\napply to the use of used tires for agricultural purposes as\n\nrecognized by the Oklahoma Department of Agriculture, Food, and\n\nForestry.\n\nC. The provisions of paragraphs 2 and 3 of subsection A of this\n\nsection shall not be construed to prevent an individual from\n\ndisposing of used tires previously used by the individual as vehicle\n\nor equipment tires if the disposal is upon property owned by the\n\nindividual and the disposal does not create a nuisance or pose a\n\nhazard to the public health or environment.\n\nD. The provisions of paragraphs 2 and 3 of subsection A of this\n\nsection shall not be construed to prevent a used tire recycling\n\nfacility or tire-derived fuel or TDF facility from transporting and\n\ndelivering used tires to an out-of-state used tire recycling\n\nfacility or TDF facility.\n\nE. 1. Except as otherwise ordered by the court, if the\n\nadministrative enforcement process for a violation of an order\n\nissued by the Department for remediation, corrective action or\n\ncleanup of an illegal tire dump has been exhausted, or criminal\n\nproceedings for paragraph 1 or 2 of subsection A of this section\n\nhave resulted in a conviction, guilty plea or nolo contendere plea,\n\nthe Department or a representative of the Department, upon notice to\n\nthe landowner and an opportunity for the landowner to be heard on\n\nthe issue, may enter the property to clean up the tire dump.\n\n2. The Department may initiate a court action to recover the\n\nactual cost of cleanup, attorney fees, court costs, and all other\n\nmonies expended in connection with the cleanup.\n\n3. The Department shall deposit any excess funds recovered\n\nthrough such action into the Used Tire Recycling Indemnity Fund.\n\nF. Notwithstanding the provisions of Section 2-3-504 of this\n\ntitle or any other remedy authorized by law, any peace officer of\n\nthis state or of any political subdivision of this state may issue a\n\ncitation to any person committing a violation of paragraph 1, 2, 3\n\nor 4 of subsection A of this section. Such citation shall be in an\nthrough such action into the Used Tire Recycling Indemnity Fund.\n\nF. Notwithstanding the provisions of Section 2-3-504 of this\n\ntitle or any other remedy authorized by law, any peace officer of\n\nthis state or of any political subdivision of this state may issue a\n\ncitation to any person committing a violation of paragraph 1, 2, 3\n\nor 4 of subsection A of this section. Such citation shall be in an\n\namount not to exceed One Hundred Dollars ($100.00) for the first\n\noffense, not to exceed Two Hundred Dollars ($200.00) for the second\n\noffense and not to exceed Five Hundred Dollars ($500.00) for the\n\nthird or subsequent offense. The penalties collected from the\n\npayment of such citations shall not include court costs and shall be\n\ndivided as follows:\n\n1. One-half (1/2) shall be paid into the reward fund created\n\npursuant to Section 1334 of Title 22 of the Oklahoma Statutes; and\n\n2. One-half (1/2) shall be paid into the Sheriff's Service Fee\n\nAccount for that county to be used for environmental enforcement and\n\ncleanup programs.","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":"11cf8e86c0ca31e1d31779565cc7188c9140ba7114d6b725ff591422778b389b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-11-401.6","next":"us-ok/okla.-stat.-tit.-27a-27a-2-11-402"},"notice":"GroundRules: Original legal text. Not legal advice."}