1. A. Except as otherwise provided by this section, it shall be unlawful for any person to:

   1. 1. Own or operate a site used for the storage, collection or disposal of more than fifty waste tires except at a site or facility permitted by the Department of Environmental Quality to accept waste tires; however, the provisions of this paragraph shall not apply to tire manufacturers, retailers, wholesalers and retreaders who store two thousand five hundred or fewer waste tires at their place of business or designated off-premises storage site;
   2. 2. Dispose of waste tires at any site or facility other than a site or facility for which a permit has been issued by the Department;
   3. 3. Knowingly transport or knowingly allow waste tires under his control or in his possession to be transported to an unpermitted site or facility; or
   4. 4. Remove more than ten used tires from a tire dealer's possession unless a manifest form, approved by the Department, which documents the removal and approved disposition or sale of the tires is provided by the dealer. Dealers, haulers, and waste tire facilities shall keep copies of manifests available for inspection for five (5) years.

2. B. The provisions of subsection A of this section shall not apply to:

   1. 1. The use of waste tires for agricultural purposes as recognized by the State Department of Agriculture; or
   2. 2. The use of waste tires for erosion control, bank stabilization and other conservation projects if practiced in accordance with a written plan approved by the U.S. Army Corps of Engineers or the local Conservation District in accordance with designated best management practices established for such uses by the Oklahoma Conservation Commission.
3. C. The provisions of paragraphs 2 and 3 of subsection A of this section shall not be construed so as to prevent an individual from disposing of waste tires previously used by the individual as vehicle or equipment tires; provided, such disposal is upon property owned by such individual and such disposal does not create a nuisance or pose a hazard to the public health or environment.

4. D.

   1. 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, the Department or a representative of the Department , upon notice to the landowner and an opportunity to be heard on the issue, may enter the property to clean up the tire dump.
   2. 2. The Department may initiate a court action to recover the actual cost of cleanup, attorney fees, court costs, and all other monies expended in connection with the cleanup.
   3. 3. The Department shall deposit any funds recovered through such action into the Waste Tire Recycling Indemnity Fund.

Laws 1989, HB 1532, c. 176, § 11, emerg. eff. July 1, 1989; Amended by Laws 1993, HB 1002, c. 145, § 159, emerg. eff. July 1, 1993; Renumbered from 63 O.S. § 1-2324 by Laws 1993, HB 1002, c. 145, § 359, emerg. eff. July 1, 1993; Amended by Laws 1994, SB 832, c. 353, § 35, emerg. eff. July 1, 1994; Amended by Laws 1995, HB 1387, c. 191, § 1, eff. November 1, 1995; Renumbered from 27A O.S. § 2-10-602 by Laws 1995, HB 1387, c. 191, § 10, eff. November 1, 1995; Amended by Laws 1998, SB 1218, c. 114, § 7, emerg. eff. April 13, 1998 (superseded document available).