Okla. Admin. Code § 252:515-21-71

Current through Vol. 41, No. 19, June 17, 2024

Section 252:515-21-71 - Eligibility requirements

(a)Eligible used tires for processing. The following used tires are eligible for compensation from the Fund: motor vehicle tires pursuant to Section 1-134 of Title 47 of the Oklahoma Statutes; semitrailer tires pursuant to Section 1-162 of the Oklahoma Statutes; trailer tires pursuant to Section 1-180 of Title 47 of the Oklahoma Statutes; vehicle tires pursuant to Section 1-186 of Title 47 of the Oklahoma Statutes; motor vehicle tires pursuant to Section 1120 of Title 47 of the Oklahoma Statutes; trailer or semitrailer tires pursuant to Section 1133 of Title 47 of the Oklahoma Statutes for which a fee has been assessed by a tire dealer or motor license agent; tires used on implements of husbandry and agricultural equipment that are not more than seventy-two (72) inches in total diameter and not more than thirty (30) inches wide;

(b)Tires collected under a state tire program. Any used tire collected in accordance with the requirements of the Oklahoma Used Tire Recycling Act is not considered to be discarded. A tire that can be used, reused or legally modified to be reused for its original intended purpose and is not defined as reusable shall not be a used tire.

(c)Qualified applicants. The following are eligible to receive compensation from the fund only for the processing or recycling of those used tires referred to in (a) of this section:

(1) used tire facilities;

(2) tire derived fuel facilities; and (3) units of local or county governments who have a DEQ approved plan to bale used tires for use in engineering projects.

(d)Collection and transportation. Qualified applicants are eligible to receive compensation from the fund only for the collection and transportation of the used tires referred to in (a) of this section.

(e)PCL and community-wide cleanup event requirement. At least 3% to 6% of the used tires for which compensation will be requested must come from tire dumps or landfills identified on the PCL and from community-wide cleanup events in the state of Oklahoma. The QACT shall not receive credit toward the 3% to 6% requirement until the collection efforts are approved by DEQ.

(f)Apportionment. If the Used Tire Recycling Indemnity Fund (Fund) contains insufficient funds in any month to satisfy the eligible reimbursements under the Act, DEQ shall apportion the payments among the qualified applicants according to the following formula. Divide the total amount of the Fund available for disbursement by the total authorized reimbursements requested by the qualified applicants. The result is expressed as a percentage. Multiply this percentage by the amount requested and authorized for each qualified applicant, resulting in the apportionment for that qualified applicant.

(g)Additional Compensation. DEQ shall allocate any remaining monies in the fund to remediate tire dumps or for projects to increase market demand for products made from Oklahoma used tires. Costs may be determined by cost estimates or unit costs developed by DEQ. Used tire facilities or TDF facilities that remediate tire dumps assigned by DEQ may request reimbursement from the Used Tire Recycling Indemnity Fund upon completion of the remediation as determined by DEQ.

(h)Accrued Funding. Accrued funding for the purposes specified in (g) of this section shall not exceed Five Hundred Thousand Dollars ($500,000.00). Once Five Hundred Thousand Dollars ($500,000.00) is reached, any additional funds shall be distributed as additional compensation according to 27A O.S. § 2-11-401.4 (G).

Okla. Admin. Code § 252:515-21-71

Added at 20 Ok Reg 1151, eff 6-1-03; Amended at 23 Ok Reg 1751, eff 6-15-06; Amended at 25 Ok Reg 797, eff 3-4-08 (emergency); Amended at 25 Ok Reg 2269, eff 7-11-08; Amended at 29 Ok Reg 1005, eff 7-1-12

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 9/15/2015

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/15/2018