As used in the Oklahoma Used Tire Recycling Act:

1. "ASTM" means the American Society for Testing and Materials;

2. "Automobile" means every motor vehicle of the type constructed and used for the transportation of ten persons or less, including the driver, or used for the transportation of property. Provided, however, that the automobile's gross vehicle weight rating does not exceed sixteen thousand (16,000) pounds;

3. "Automotive dismantler and parts recycler" means the same as defined in Section 591.2 of Title 47 of the Oklahoma Statutes;

4. "Commission" means the Oklahoma Tax Commission;

5. "Department" means the Department of Environmental Quality;

6. "End use" means a Department-approved ultimate economic use for a used tire or tire-derived product, including granulated rubber, ground rubber, tire chips, tire-derived aggregate, tire-derived fuel and tire shreds;

7. "Fund" means the Used Tire Recycling Indemnity Fund;

8. "Granulated rubber" means particulate rubber composed of mainly nonspherical particles that span a broad range of maximum particle dimensions, from below four hundred twenty-five thousandths (0.425) of a millimeter (40 mesh) to twelve (12) millimeters (0.47 inches) pursuant to current ASTM standards;

9. "Ground rubber" means particulate rubber composed of mainly nonspherical particles that span a broad range of maximum particle dimensions, from below four hundred twenty-five thousandths (0.425) of a millimeter (40 mesh) to two (2) millimeters (0.08 inches) pursuant to current ASTM standards;

10. "Motorcycle" means a motor vehicle of a type defined in Section 1-135 of Title 47 of the Oklahoma Statutes;

11. "Motor-driven cycle" means a motor vehicle of a type defined in Section 1-136 of Title 47 of the Oklahoma Statutes;

12. "Motor vehicle" means the same as defined in Section 1-134 of Title 47 of the Oklahoma Statutes;

13. "Priority cleanup list" means a list, created and maintained by the Department, of:

a.unpermitted dumps which did not exist when the owner took possession of the property where the tires are located, and were created without the consent of or benefit to the owner of the property, and

b.such other tire dumps designated by the Department pursuant to Section 2-11-401.6 of this title;

14. "Reusable tire" means a tire that has been previously used on a vehicle, not currently mounted on a vehicle, but can be legally placed into service for vehicle use in Oklahoma;

15. "Semitrailer" means the same as defined in Section 1-162 of Title 47 of the Oklahoma Statutes;

16. "Tire" means any solid or air-filled covering for vehicle wheels;

17. "Tire chips" means pieces of scrap tires that have a basic geometrical shape and are generally between twelve (12) millimeters (0.47 inches) and fifty (50) millimeters (1.97 inches) in size and have most of the wire removed pursuant to current ASTM standards;

18. "Tire dealer" means any person engaged in the business of selling new and used tires to final consumers, not for resale;

19. "Tire-derived aggregate" means pieces of scrap tires that have a basic geometrical shape and are generally between twelve (12) millimeters (0.47 inches) and three hundred five (305) millimeters (12.01 inches) in size and are intended for use in civil engineering applications pursuant to ASTM standards;

20. "Tire-derived fuel" means whole tires or processed tires that can be used for energy or fuel recovery pursuant to current ASTM standards;

21. "Tire-derived fuel facility" or "TDF facility" means a facility that uses processed tires or whole used tires for energy or fuel recovery;

22. "Tire-derived product" means matter that:

a.is derived from a process that uses whole tires as a feedstock, including chipping for the purpose of fuel recovery, granulating and grinding,

b.adheres to established engineering or other appropriate specifications or to established product end-user specifications or customer conditions of acceptance,

c.has a demonstrated benefit associated with the end use, and

d.can be used as a substitute for or in conjunction with a commercial product or raw material;

23. "Tire shreds" means pieces of scrap tires that have a basic geometrical shape and are generally between fifty (50) millimeters (1.97 inches) and three hundred five (305) millimeters (12.01 inches) in size pursuant to current ASTM standards;

24. "Trailer" means the same as defined in Section 1-180 of Title 47 of the Oklahoma Statutes;

25. "Used tire" means an unprocessed whole tire or tire part that can no longer be used for its originally intended purpose but can be beneficially reused as approved by the Department. 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 shall not be a used tire;

26. "Used tire processing" means altering the form of whole used tires by shredding, chipping or other method approved by the Department, except baling and pyrolysis;

27. "Used tire recycling facility" means any place which is permitted as a solid waste disposal site, in accordance with the Oklahoma Solid Waste Management Act, at which used tires are processed; and

28. "Vehicle" means the same as defined in Section 1-186 of Title 47 of the Oklahoma Statutes.

Added by Laws 1989, c. 176, § 2, eff. July 1, 1989. Amended by Laws 1991, c. 48, § 1, emerg. eff. April 9, 1991; Laws 1993, c. 145, § 192, eff. July 1, 1993. Renumbered from § 53002 of Title 68 by Laws 1993, c. 145, § 359, eff. July 1, 1993. Amended by Laws 1995, c. 191, § 2, eff. Nov. 1, 1995; Laws 1998, c. 314, § 11, eff. July 1, 1998; Laws 1999, c. 1, § 11, emerg. eff. Feb. 24, 1999; Laws 2001, c. 388, § 1, eff. Nov. 1, 2001; Laws 2004, c. 185, § 1, emerg. eff. May 3, 2004; Laws 2005, c. 230, § 1, eff. July 1, 2005. Renumbered from § 2-11-402 of this title by Laws 2005, c. 230, § 8, eff. July 1, 2005. Amended by Laws 2011, c. 164, § 2, eff. July 1, 2011; Laws 2017, c. 286, § 1, eff. Nov. 1, 2017; Laws 2019, c. 336, § 1, eff. July 1, 2019.

NOTE: Laws 1998, c. 114, § 1 repealed by Laws 1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.