Bill Text: NY A04613 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires that used oil filters be source-separated and recycled.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to environmental conservation [A04613 Detail]
Download: New_York-2019-A04613-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4613 2019-2020 Regular Sessions IN ASSEMBLY February 4, 2019 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Environmental 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 23 local government facility generating at least five hundred gallons of 24 used oil annually, shall, no later than September first, nineteen 25 hundred seventy-nine, provide and maintain used oil retention facili- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04878-01-9A. 4613 2 1 ties, properly sheltered and protected to prevent spillage, seepage or 2 discharge of used oil and discharges from used oil filters into storm or 3 sanitary sewers or into or on any lands or waters of the state including 4 groundwaters thereof. The used oil and used oil filters shall be peri- 5 odically removed from the retention facility by a waste transporter duly 6 permitted by the department under the provisions of title three of arti- 7 cle twenty-seven of this chapter. Waste transporters may dispose of 8 used oil only by delivery to a rerefiner except where otherwise permit- 9 ted by the commissioner. Rules and regulations defining proper design 10 and maintenance of a retention facility may be promulgated by the 11 commissioner. 12 b. An owner or an employee of every service establishment who is pres- 13 ent on the premises shall be required to accept during the normal busi- 14 ness hours of the establishment and at no charge, used oil in quantities 15 not exceeding five gallons per day from any individual and used oil 16 filter(s); provided, however, this requirement to accept does not apply 17 if the petroleum-based lubricating oil brought to the establishment is 18 determined to have been contaminated through other than ordinary and 19 normal use, and does not apply if the used oil retention facility is 20 temporarily filled to capacity; and provided further that such estab- 21 lishment need only accept used oil and used oil filter(s) in screw-top, 22 rigid, closed containers. No such establishment shall impose upon a 23 customer a separate charge or fee for accepting or disposing of used oil 24 and used oil filter(s); nor shall such establishment impose any charge 25 upon any individual who is not a customer for such service. 26 c. Every service establishment shall post a conspicuous sign, open to 27 public view, stating: "WE ACCEPT USED OIL AND USED OIL FILTER(S) FOR 28 RECYCLING AT NO CHARGE". Such establishment may additionally state, on 29 the same sign or an additional sign, that used oil [is] and used oil 30 filter(s) are accepted only during normal business hours and may state 31 such hours. 32 2. Retail establishments. a. Unless exempted, every retail establish- 33 ment shall provide and maintain used oil retention facilities, properly 34 sheltered and protected to prevent spillage, seepage or discharge of 35 used oil and discharges from used oil filters into storm or sanitary 36 sewers or into or on any lands or waters of the state including ground- 37 water thereof. The used oil and used oil filter(s) shall be periodically 38 removed from the retention facility by a waste transporter duly permit- 39 ted by the department under the provisions of title three of article 40 twenty-seven of this chapter. Waste transporters may dispose of used oil 41 only by delivery to a rerefiner except where otherwise permitted by the 42 commissioner. Rules and regulations defining proper design and mainte- 43 nance of a retention facility may be promulgated by the commissioner. 44 b. Every retail establishment shall be required to accept at no 45 charge, used oil in quantities not exceeding five gallons per day from 46 any individual during normal business hours of the establishment and 47 used oil filter(s); provided, however, this requirement to accept does 48 not apply if the petroleum-based lubricating oil brought to the estab- 49 lishment is determined to have been contaminated through other than 50 ordinary and normal use; and provided further, that such establishment 51 need only accept used oil and used oil filter(s) in screw-top, rigid, 52 closed containers. 53 c. Exemptions. Pursuant to rules and regulations promulgated by the 54 department for the implementation of this section, a retail establish- 55 ment shall not be required to accept used oil and used oil filter(s) if:A. 4613 3 1 (1) the used oil retention facility is temporarily filled to capacity; 2 or 3 (2) the retail establishment has a current contract with another 4 retail establishment, municipality or service establishment with an 5 on-premises used oil retention facility, for the collection of the 6 contracting retail establishment's used lubricating oil and used oil 7 filter(s). In counties or cities with a population of one million or 8 more the distance between such contracting retail establishment and the 9 contractor shall not exceed eight miles. In all other areas of the state 10 the contracting retail establishment and the contractor shall be within 11 the same or adjacent towns or cities; or 12 (3) the retail establishment has been granted a hardship waiver by the 13 commissioner for the inability to comply with this section. 14 d. Signs required. (1) Every retail establishment with an on-premises 15 used oil retention facility shall post a conspicuous sign, open to 16 public view, stating "WE ACCEPT USED OIL AND USED OIL FILTER(S) FOR 17 RECYCLING AT NO CHARGE". Such establishment may additionally state, on 18 the same sign or an additional sign, that used oil [is] and used oil 19 filter(s) are accepted only during normal business hours, and may state 20 such hours. 21 (2) Every retail establishment that contracts with another retail 22 establishment or service establishment, shall post a conspicuous sign, 23 open to the public view stating: "USED OIL AND USED OIL FILTER(S) FOR 24 RECYCLING WILL BE ACCEPTED BY (name of contracted establishment) AT 25 (Address of contracted establishment) AT NO CHARGE". Such establishment 26 may additionally state, on the same sign or an additional sign, that 27 used oil [is] and used oil filter(s) are accepted only during normal 28 business hours of the contracted establishment, and may state such 29 hours. 30 3. For the purposes of this section, so long as a service or retail 31 establishment or on-premises oil changing operation shall maintain its 32 used oil retention facilities in compliance with the provisions of this 33 section and any rules and regulations promulgated hereunder and shall 34 deliver collected quantities of used oil and used oil filter(s) to a 35 duly permitted waste transporter or dispose of the used oil and used oil 36 filter(s) as otherwise authorized or permitted by the commissioner, such 37 service or retail establishment or on-premises oil changing operation 38 shall be exempt from the provisions of titles seven and nine of article 39 twenty-seven and article seventy-two of this chapter. 40 § 4. Section 23-2308 of the environmental conservation law, as amended 41 by chapter 118 of the laws of 1993, is amended to read as follows: 42 § 23-2308. Prohibited disposal of used oil and used oil filters. 43 1. No person shall engage in the improper disposal of used oil. Used 44 oil shall only be deposited in an available used oil retention facility 45 or disposed of as otherwise authorized or permitted by the commissioner. 46 The provisions of this section shall not apply to the use of used oil 47 for maintenance or lubrication of agricultural equipment. 48 2. No person shall sell or offer for sale a used oil disposal kit or 49 product which is comprised of absorbent material into which the lubri- 50 cating oil from a vehicle is drained when performing an oil change and 51 which is intended for disposal into the solid waste stream rather than 52 for reuse or recycling. 53 3. No person shall knowingly dispose of used oil filters in a land- 54 fill, as defined in title five of article fifty-four of this chapter. 55 Retail and service establishments and on-premises oil-changing oper-A. 4613 4 1 ations shall only deposit used oil filters in source-separated, used oil 2 filter retention facilities. 3 § 5. Subdivision 7 of section 27-0305 of the environmental conserva- 4 tion law, as amended by chapter 206 of the laws of 1992, is amended to 5 read as follows: 6 7. As a condition for the permit or the exemption therefrom the 7 department shall require the transporter, except transporters of hazard- 8 ous waste subject to manifesting under section 27-0905 of this article, 9 to make an annual report to the department, indicating the number and 10 type of installations serviced, emptied or cleaned, the volume and 11 nature of waste products recycled or disposed of, and the place and 12 manner in which such waste products were finally recycled or disposed, 13 and such other information as the department may require. 14 § 6. This act shall take effect on the first of January next succeed- 15 ing the date on which it shall have become a law; provided, however, 16 section four of this act shall take effect three years after it shall 17 have become a law. Effective immediately the commissioner of environ- 18 mental conservation is authorized to promulgate any and all rules and 19 regulations and take any other measures necessary to implement this act 20 on its effective date on or before such date.
