A. In addition to meeting the requirements of the Oklahoma Solid Waste Management Act generally applicable to solid waste disposal sites, including but not limited to permitting, disclosure statement, siting, closure plan and financial assurance, the owner or operator of a roofing material recycling facility shall:
1. Install scales, weigh roofing material received and record weights in accordance with the provisions of paragraphs 1 and 2 of subsection A of Section 2-10-802 of Title 27A of the Oklahoma Statutes;
2. Assess a fee of One Dollar and fifty cents ($1.50) per ton of roofing material received, retaining twenty-five cents ($0.25) per ton for a period of time necessary to recoup a capital investment plus the interest costs expended in purchasing the scales, of Forty Thousand Dollars ($40,000.00). At the end of such period the fee shall revert to One Dollar and twenty-five cents ($1.25) per ton;
3. Remit the fee to the Department of Environmental Quality in accordance with the provisions of paragraphs 7 through 12 of subsection B of Section 2-10-802 of Title 27A of the Oklahoma Statutes. For a return with remittance filed on or before the due date, the owner or operator may deduct and retain ten percent (10%) of the fees collected. Records documenting the capital investment and the use of the funds shall be included with each return; and
4. Submit receipts for the payment for disposal of non-recyclable materials at a permitted landfill or solid waste disposal site in order to receive credit against the fee owed to the Department of Environmental Quality for that tonnage.
B. An operation otherwise meeting the definition of a roofing material recycling facility but that is included within and regulated under a permit for a solid waste land disposal site is not subject to the provisions of this section.
C. The Environmental Quality Board is authorized to adopt rules recommended by the Solid Waste Management Advisory Council as needed to implement the provisions of this section.
Added by Laws 2012, c. 194, § 2, emerg. eff. May 7, 2012.