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A09754 Summary:

Amd 23-2308 & 71-2201, add 71-2203, En Con L
Prohibits the sale of used oil and establishes civil and criminal penalties.
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A09754 Actions:

02/05/2018referred to environmental conservation
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A09754 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Englebright
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the sale of used oil and to establishing civil and criminal penalties   PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit the sale of used oil or a mix of used oil and heating oil, and would establish civil and criminal penalties for indi- viduals who knowingly engage in the sale of such products to unknowing consumers.   SUMMARY OF PROVISIONS: Section 1: Amends § 23-2308 Environmental Conservation Law by prohibit- ing the sale of used oil or the transfer of used oils other than to oil re-refining facilities. Section 2: Amends § 71-2201 Environmental Conservation Law to include the improper disposal of used oil as a civil penalty, as well as adding an additional civil penalty not to exceed one thousand dollars for each violation that involves the knowing sale of used oil. Section 3: Amends § 71-2203 Environmental Conservation Law to create new criminal liability for illegal waste oil sales and also allows the DEC commissioner or the court to take into consideration varying circum- stances before determining a fine, penalty, or sentence.   JUSTIFICATION: Used oil or waste oil does not, by its definition under New York State Law and NYS Department of Environmental Conservation Regulations, include bio-diesel or related re-refined products. Such products are specifically re-refined to remove harmful impurities. Re-refined products are required to fall within acceptable ranges of distillate fuel requirements. Instead, used or waste oils are, as the name suggests, oils that have been used or combusted within a crank-case of an engine or within similar mechanical devices. As such, used oils have been exposed to related heavy metals, chemicals and ash that contaminate such oils. This bill is intended to provide a deterrent against individuals and companies that "cut" heating oil with waste or used oil, which contains harmful chemicals and heavy metals. These chemicals are not present in distilled or "normal" heating fuel. The burning of used/waste oil in burners or boilers that are hot equipped to handle it releases harmful chemicals into the ambient air and destroys heating equipment. By providing a deterrent that is roughly equal to the level of gain that such activities may bring to offenders, this bill would remove the incentives that offenders along the supply chain have to commit these illegal actions.   PRIOR LEGISLATIVE HISTORY: A.6616-A (Gjonaj) - Reported. Referred to Codes.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: May 1st
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A09754 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    February 5, 2018
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting  the sale of used oil and to establishing civil and crimi-
          nal penalties
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 23-2308 of the environmental conservation law, as
     2  amended by chapter 118 of the laws  of  1993,  is  amended  to  read  as
     3  follows:
     4  § 23-2308. Prohibited disposal or sale of used oil.
     5    1.  No  person shall engage in the improper disposal of used oil. Used
     6  oil shall only be deposited in an available used oil retention  facility
     7  or disposed of as otherwise authorized or permitted by the commissioner.
     8    The  provisions of this section shall not apply to the use of used oil
     9  for maintenance or lubrication of agricultural equipment.
    10    2. No person shall sell or offer for sale a used oil disposal  kit  or
    11  product  which  is comprised of absorbent material into which the lubri-
    12  cating oil from a vehicle is drained when performing an oil  change  and
    13  which  is  intended for disposal into the solid waste stream rather than
    14  for reuse or recycling.
    15    3. No person shall sell or offer for sale used oil, other than to  oil
    16  rerefining facilities.
    17    4.  No used oil collector shall transfer used oil, other than to rere-
    18  fining facilities or a facility permitted to dispose of used oil by  the
    19  commissioner.
    20    §  2.  Section 71-2201 of the environmental conservation law, as added
    21  by chapter 740 of the laws of 1978, the opening paragraph  and  subdivi-
    22  sion  1 as amended and subdivision 3 as added by chapter 901 of the laws
    23  of 1983 and subdivision 4 as added by chapter 294 of the laws  of  1991,
    24  is amended and a new section 71-2203 is added to read as follows:
    25  § 71-2201. Enforcement of title 23 of article 23 of this chapter.
    26    [Administrative  and civil sanctions.] Violations, civil liability. 1.
    27  Any person who violates any of  the  provisions  of,  or  who  fails  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9754                             2
     1  perform  any  duty  imposed by title 23 of article 23 except the duty to
     2  accept used oil pursuant to section 23-2307 [or any  person  subject  to
     3  section 23-2308 or any rule or regulation promulgated pursuant thereto],
     4  or  any  term  or condition of any certificate or permit issued pursuant
     5  thereto, or any final determination or order of  the  commissioner  made
     6  pursuant  to  this  section  shall  be liable for a civil penalty not to
     7  exceed one thousand dollars for each such violation  and  an  additional
     8  penalty  of not more than five hundred dollars for each day during which
     9  such violation continues, to be assessed by  the  commissioner  after  a
    10  hearing or opportunity to be heard pursuant to the provisions of section
    11  71-1709  of  this  chapter, and, in addition thereto, such person may by
    12  similar process be enjoined  from  continuing  such  violation  and  any
    13  permit  or certificate issued to such person may be revoked or suspended
    14  or a pending renewal application denied.
    15    2. Any person who refuses to accept used oil as required  pursuant  to
    16  subdivision  two  of section 23-2307 shall be liable for a civil penalty
    17  not to exceed one hundred dollars.
    18    3. Any person who [violates any provision of] improperly  disposes  of
    19  used  oil  in  violation  of  section  23-2308  of this chapter shall be
    20  subject to a civil penalty not to exceed two hundred fifty  dollars  for
    21  each violation.
    22    3-a.   Any person who knowingly engages in the sale of used oil, shall
    23  be liable for a civil penalty not to exceed  one  thousand  dollars  for
    24  each violation.
    25    4.  Notwithstanding  any  other provision of law, any person who shall
    26  violate the provisions of  paragraph  [(c)]  c  of  subdivision  one  of
    27  section  23-2307  or  paragraph  [(d)]  d  of subdivision two of section
    28  23-2307 of this chapter shall be liable for a civil penalty of not  more
    29  than  five  hundred dollars, and an additional civil penalty of not more
    30  than five hundred dollars for  each  day  during  which  such  violation
    31  continues, not to exceed ten thousand dollars.
    32  § 71-2203. Criminal liability for violations.
    33    1.  Any  person  who shall knowingly engage in the sale of used oil in
    34  violation of section 23-2308 of this  chapter,  shall  be  guilty  of  a
    35  misdemeanor,  and, upon conviction thereof, shall be punished by a fine,
    36  in the case of a first conviction, of not less than five hundred dollars
    37  nor more than eighteen thousand dollars or by imprisonment for a term of
    38  not more than one year, or by both such fine and imprisonment, for  each
    39  separate  violation. If the conviction is for an offense committed after
    40  the first conviction of such person under this subdivision, such  person
    41  shall  be  punished by a fine not to exceed twenty-six thousand dollars,
    42  or by imprisonment, or by both such fine and imprisonment. Each  day  on
    43  which such violation occurs shall constitute a separate violation.
    44    2.  In determining the amount of any fine, penalty or sentence imposed
    45  pursuant to this section, the commissioner or the court shall take  into
    46  consideration  any evidence introduced by a party regarding the economic
    47  impact of a penalty on a business, the compliance history of a violator,
    48  good faith efforts  of  a  violator  to  comply,  any  economic  benefit
    49  obtained  from  noncompliance,  the  amount  of risk or damage to public
    50  health or the environment caused by a violator,  whether  the  violation
    51  was procedural in nature, or such other factors as justice may require.
    52    §  3.  This  act shall take effect on the first of May next succeeding
    53  the date on which it shall have become a law.  Effective immediately the
    54  commissioner of environmental conservation is authorized  to  promulgate
    55  any  and all rules and regulations and take any other measures necessary
    56  to implement this act on its effective date on or before such date.
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