STATE OF NEW YORK
________________________________________________________________________
573
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. PRETLOW, ENGLEBRIGHT -- Multi-Sponsored by -- M.
of A. COLTON, DINOWITZ, GALEF, GLICK, MARKEY, MILLMAN, MORELLE, SWEE-
NEY, WEINSTEIN -- read once and referred to the Committee on Environ-
mental Conservation
AN ACT to amend the environmental conservation law, in relation to used
oil filters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 23-2301 of the environmental conservation law is
2 amended by adding a new subdivision 12 to read as follows:
3 12. The term "used oil filter" means any device or component of a
4 device, no longer wanted by its owner, the primary purpose of which is
5 to remove contaminants from oil, which contains a residue of used oil as
6 defined in this section, and is not considered hazardous under state
7 regulations.
8 § 2. Section 23-2305 of the environmental conservation law, as added
9 by chapter 740 of the laws of 1978, is amended to read as follows:
10 § 23-2305. Regulations of the commissioner.
11 The commissioner shall, after holding a public hearing with due
12 notice, promulgate rules and regulations governing used oil and oil
13 filter collectors and rerefiners, in conformance with article twenty-
14 seven of this chapter, to carry out the requirements of this title.
15 § 3. Section 23-2307 of the environmental conservation law, as amended
16 by chapter 294 of the laws of 1991, paragraphs b and c of subdivision 1
17 and paragraphs b and d of subdivision 2 as amended by chapter 152 of the
18 laws of 1995, is amended to read as follows:
19 § 23-2307. Used oil retention facilities required; installation and
20 maintenance; posting of notice.
21 1. Service establishments. a. Every service establishment, and every
22 other person, industrial operation, airport, trucking terminal, state or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01298-01-3
A. 573 2
1 local government facility generating at least five hundred gallons of
2 used oil annually, shall, no later than September first, nineteen
3 hundred seventy-nine, provide and maintain used oil retention facili-
4 ties, properly sheltered and protected to prevent spillage, seepage or
5 discharge of used oil and discharges from used oil filters into storm or
6 sanitary sewers or into or on any lands or waters of the state including
7 groundwaters thereof. The used oil and used oil filters shall be peri-
8 odically removed from the retention facility by a waste transporter duly
9 permitted by the department under the provisions of title three of arti-
10 cle twenty-seven of this chapter. Waste transporters may dispose of
11 used oil only by delivery to a rerefiner except where otherwise permit-
12 ted by the commissioner. Rules and regulations defining proper design
13 and maintenance of a retention facility may be promulgated by the
14 commissioner.
15 b. An owner or an employee of every service establishment who is pres-
16 ent on the premises shall be required to accept during the normal busi-
17 ness hours of the establishment and at no charge, used oil in quantities
18 not exceeding five gallons per day from any individual and used oil
19 filter(s); provided, however, this requirement to accept does not apply
20 if the petroleum-based lubricating oil brought to the establishment is
21 determined to have been contaminated through other than ordinary and
22 normal use, and does not apply if the used oil retention facility is
23 temporarily filled to capacity; and provided further that such estab-
24 lishment need only accept used oil and used oil filter(s) in screw-top,
25 rigid, closed containers. No such establishment shall impose upon a
26 customer a separate charge or fee for accepting or disposing of used oil
27 and used oil filter(s); nor shall such establishment impose any charge
28 upon any individual who is not a customer for such service.
29 c. Every service establishment shall post a conspicuous sign, open to
30 public view, stating: "WE ACCEPT USED OIL AND USED OIL FILTER(S) FOR
31 RECYCLING AT NO CHARGE". Such establishment may additionally state, on
32 the same sign or an additional sign, that used oil [is] and used oil
33 filter(s) are accepted only during normal business hours and may state
34 such hours.
35 2. Retail establishments. a. Unless exempted, every retail establish-
36 ment shall provide and maintain used oil retention facilities, properly
37 sheltered and protected to prevent spillage, seepage or discharge of
38 used oil and discharges from used oil filters into storm or sanitary
39 sewers or into or on any lands or waters of the state including ground-
40 water thereof. The used oil and used oil filter(s) shall be periodically
41 removed from the retention facility by a waste transporter duly permit-
42 ted by the department under the provisions of title three of article
43 twenty-seven of this chapter. Waste transporters may dispose of used oil
44 only by delivery to a rerefiner except where otherwise permitted by the
45 commissioner. Rules and regulations defining proper design and mainte-
46 nance of a retention facility may be promulgated by the commissioner.
47 b. Every retail establishment shall be required to accept at no
48 charge, used oil in quantities not exceeding five gallons per day from
49 any individual during normal business hours of the establishment and
50 used oil filter(s); provided, however, this requirement to accept does
51 not apply if the petroleum-based lubricating oil brought to the estab-
52 lishment is determined to have been contaminated through other than
53 ordinary and normal use; and provided further, that such establishment
54 need only accept used oil and used oil filter(s) in screw-top, rigid,
55 closed containers.
A. 573 3
1 c. Exemptions. Pursuant to rules and regulations promulgated by the
2 department for the implementation of this section, a retail establish-
3 ment shall not be required to accept used oil and used oil filter(s) if:
4 (1) the used oil retention facility is temporarily filled to capacity;
5 or
6 (2) the retail establishment has a current contract with another
7 retail establishment, municipality or service establishment with an
8 on-premises used oil retention facility, for the collection of the
9 contracting retail establishment's used lubricating oil and used oil
10 filter(s). In counties or cities with a population of one million or
11 more the distance between such contracting retail establishment and the
12 contractor shall not exceed eight miles. In all other areas of the state
13 the contracting retail establishment and the contractor shall be within
14 the same or adjacent towns or cities; or
15 (3) the retail establishment has been granted a hardship waiver by the
16 commissioner for the inability to comply with this section.
17 d. Signs required. (1) Every retail establishment with an on-premises
18 used oil retention facility shall post a conspicuous sign, open to
19 public view, stating "WE ACCEPT USED OIL AND USED OIL FILTER(S) FOR
20 RECYCLING AT NO CHARGE". Such establishment may additionally state, on
21 the same sign or an additional sign, that used oil [is] and used oil
22 filter(s) are accepted only during normal business hours, and may state
23 such hours.
24 (2) Every retail establishment that contracts with another retail
25 establishment or service establishment, shall post a conspicuous sign,
26 open to the public view stating: "USED OIL AND USED OIL FILTER(S) FOR
27 RECYCLING WILL BE ACCEPTED BY (name of contracted establishment) AT
28 (Address of contracted establishment) AT NO CHARGE". Such establishment
29 may additionally state, on the same sign or an additional sign, that
30 used oil [is] and used oil filter(s) are accepted only during normal
31 business hours of the contracted establishment, and may state such
32 hours.
33 3. For the purposes of this section, so long as a service or retail
34 establishment or on-premises oil changing operation shall maintain its
35 used oil retention facilities in compliance with the provisions of this
36 section and any rules and regulations promulgated hereunder and shall
37 deliver collected quantities of used oil and used oil filter(s) to a
38 duly permitted waste transporter or dispose of the used oil and used oil
39 filter(s) as otherwise authorized or permitted by the commissioner, such
40 service or retail establishment or on-premises oil changing operation
41 shall be exempt from the provisions of titles seven and nine of article
42 twenty-seven and article seventy-two of this chapter.
43 § 4. Section 23-2308 of the environmental conservation law, as amended
44 by chapter 118 of the laws of 1993, is amended to read as follows:
45 § 23-2308. Prohibited disposal of used oil and used oil filters.
46 1. No person shall engage in the improper disposal of used oil. Used
47 oil shall only be deposited in an available used oil retention facility
48 or disposed of as otherwise authorized or permitted by the commissioner.
49 The provisions of this section shall not apply to the use of used oil
50 for maintenance or lubrication of agricultural equipment.
51 2. No person shall sell or offer for sale a used oil disposal kit or
52 product which is comprised of absorbent material into which the lubri-
53 cating oil from a vehicle is drained when performing an oil change and
54 which is intended for disposal into the solid waste stream rather than
55 for reuse or recycling.
A. 573 4
1 3. No person shall knowingly dispose of used oil filters in a land-
2 fill, as defined in title five of article fifty-four of this chapter.
3 Retail and service establishments and on-premises oil-changing oper-
4 ations shall only deposit used oil filters in source-separated, used oil
5 filter retention facilities.
6 § 5. Subdivision 7 of section 27-0305 of the environmental conserva-
7 tion law, as amended by chapter 206 of the laws of 1992, is amended to
8 read as follows:
9 7. As a condition for the permit or the exemption therefrom the
10 department shall require the transporter, except transporters of hazard-
11 ous waste subject to manifesting under section 27-0905 of this article,
12 to make an annual report to the department, indicating the number and
13 type of installations serviced, emptied or cleaned, the volume and
14 nature of waste products recycled or disposed of, and the place and
15 manner in which such waste products were finally recycled or disposed,
16 and such other information as the department may require.
17 § 6. This act shall take effect on the first of January next succeed-
18 ing the date on which it shall have become a law; provided, however,
19 section four of this act shall take effect three years after it shall
20 have become a law; provided further that effective immediately the
21 commissioner of environmental conservation is authorized to promulgate
22 any and all rules and regulations and take any other measures necessary
23 to implement this act on its effective date on or before such date.
