SECTION 710:95-5-12. Voluntary payments by persons who desire used tires to be collected and transported

(a)   The Used Tire Recycling Act, enacted to facilitate the collection, transportation, and processing of used tires, is based upon the presumption that a transaction has occurred which has generated a payment into the Used Tire Indemnity Fund (Fund). In the case of transactions for which such payment did not occur, any person may make a voluntary payment into the Fund in order to allow the processing of used tire carcasses. Examples of situations in which voluntary payments would be appropriate include:

(1)   Persons wishing to have used tire carcasses processed, but who are not engaged in the business of selling tires;

(2)   Tire dealers who have been engaged in selling tires and who have collected and remitted the used tire fees, as needed, on each transaction on which a fee was due, but who have accepted tires from Oklahoma residents for disposal or have otherwise come into possession of tire carcasses generated in Oklahoma, for which no fees have been paid into the Used Tire Indemnity Fund;

(3)   Automotive dismantlers and parts recyclers who have tires on hand from purchases of automobiles made prior to January 1, 1996.

(b)   Tires for which such voluntary payment is made shall be deemed fully eligible for collection and transport by any authorized used tire facility.

(c)   No payment into the Fund whatsoever is required for:

(1)   Up to five tires for each Oklahoma-titled vehicle purchased since January 1, 1996, by an automotive dismantler and parts recycler, provided that Department of Environmental Quality (DEQ) Rule 252:515-21-33 has been complied with;

(2)   Tires collected and transported from landfills and tire dumps which have been identified by DEQ as such and which have been placed on a priority enforcement list; or

(3)   Tires collected during community-wide clean-up days authorized by DEQ.

[Source: Added at 13 Ok Reg 3147, eff 7-11-96; Amended at 16 Ok Reg 2678, eff 6-25-99; Amended at 19 Ok Reg 1511, eff 5-25-02; Amended at 29 Ok Reg 1478, eff 6-25-12; Amended at 35 Ok Reg 2116, eff 9-14-18]