Assembly Bill A2541A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2541--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 19, 2011
                               ___________

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 -- recommitted to the Committee  on  Environmental
  Conservation  in  accordance with Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section 1.  Section 23-2301 of the environmental conservation  law  is
amended by adding a new subdivision 12 to read as follows:
  12.  THE  TERM  "USED  OIL  FILTER" MEANS ANY DEVICE OR COMPONENT OF A
DEVICE, NO LONGER WANTED BY ITS OWNER, THE PRIMARY PURPOSE OF  WHICH  IS
TO REMOVE CONTAMINANTS FROM OIL, WHICH CONTAINS A RESIDUE OF USED OIL AS
DEFINED  IN  THIS  SECTION,  AND IS NOT CONSIDERED HAZARDOUS UNDER STATE
REGULATIONS.
  S 2. Section 23-2305 of the environmental conservation law,  as  added
by chapter 740 of the laws of 1978, is amended to read as follows:
S 23-2305. Regulations of the commissioner.
  The  commissioner  shall,  after  holding  a  public  hearing with due
notice, promulgate rules and regulations  governing  used  oil  AND  OIL
FILTER  collectors  and  rerefiners, in conformance with article twenty-
seven of this chapter, to carry out the requirements of this title.
  S 3. Section 23-2307 of the environmental conservation law, as amended
by chapter 294 of the laws of 1991, paragraphs b and c of subdivision  1
and paragraphs b and d of subdivision 2 as amended by chapter 152 of the
laws of 1995, is amended to read as follows:
S 23-2307. Used  oil  retention  facilities  required;  installation and
             maintenance; posting of notice.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03057-02-2
              

A. 2541--A                          2

  1. Service establishments. a. Every service establishment,  and  every
other person, industrial operation, airport, trucking terminal, state or
local  government  facility  generating at least five hundred gallons of
used oil annually,  shall,  no  later  than  September  first,  nineteen
hundred  seventy-nine,  provide  and maintain used oil retention facili-
ties, properly sheltered and protected to prevent spillage,  seepage  or
discharge of used oil AND DISCHARGES FROM USED OIL FILTERS into storm or
sanitary sewers or into or on any lands or waters of the state including
groundwaters  thereof.  The used oil AND USED OIL FILTERS shall be peri-
odically removed from the retention facility by a waste transporter duly
permitted by the department under the provisions of title three of arti-
cle twenty-seven of this chapter.   Waste transporters  may  dispose  of
used  oil only by delivery to a rerefiner except where otherwise permit-
ted by the commissioner. Rules and regulations  defining  proper  design
and  maintenance  of  a  retention  facility  may  be promulgated by the
commissioner.
  b. An owner or an employee of every service establishment who is pres-
ent on the premises shall be required to accept during the normal  busi-
ness hours of the establishment and at no charge, used oil in quantities
not  exceeding  five  gallons  per  day from any individual AND USED OIL
FILTER(S); provided, however, this requirement to accept does not  apply
if  the  petroleum-based lubricating oil brought to the establishment is
determined to have been contaminated through  other  than  ordinary  and
normal  use,  and  does  not apply if the used oil retention facility is
temporarily filled to capacity; and provided further  that  such  estab-
lishment  need only accept used oil AND USED OIL FILTER(S) in screw-top,
rigid, closed containers. No such  establishment  shall  impose  upon  a
customer a separate charge or fee for accepting or disposing of used oil
AND  USED  OIL FILTER(S); nor shall such establishment impose any charge
upon any individual who is not a customer for such service.
  c. Every service establishment shall post a conspicuous sign, open  to
public  view,  stating:  "WE  ACCEPT USED OIL AND USED OIL FILTER(S) FOR
RECYCLING AT NO CHARGE".  Such establishment may additionally state,  on
the  same  sign  or  an additional sign, that used oil [is] AND USED OIL
FILTER(S) ARE accepted only during normal business hours and  may  state
such hours.
  2.  Retail establishments. a. Unless exempted, every retail establish-
ment shall provide and maintain used oil retention facilities,  properly
sheltered  and  protected  to  prevent spillage, seepage or discharge of
used oil AND DISCHARGES FROM USED OIL FILTERS  into  storm  or  sanitary
sewers  or into or on any lands or waters of the state including ground-
water thereof. The used oil AND USED OIL FILTER(S) shall be periodically
removed from the retention facility by a waste transporter duly  permit-
ted  by  the  department  under the provisions of title three of article
twenty-seven of this chapter. Waste transporters may dispose of used oil
only by delivery to a rerefiner except where otherwise permitted by  the
commissioner.  Rules  and regulations defining proper design and mainte-
nance of a retention facility may be promulgated by the commissioner.
  b. Every retail establishment  shall  be  required  to  accept  at  no
charge,  used  oil in quantities not exceeding five gallons per day from
any individual during normal business hours  of  the  establishment  AND
USED  OIL  FILTER(S); provided, however, this requirement to accept does
not apply if the petroleum-based lubricating oil brought to  the  estab-
lishment  is  determined  to  have  been contaminated through other than
ordinary and normal use; and provided further, that  such  establishment

A. 2541--A                          3

need  only  accept  used oil AND USED OIL FILTER(S) in screw-top, rigid,
closed containers.
  c.  Exemptions.  Pursuant  to rules and regulations promulgated by the
department for the implementation of this section, a  retail  establish-
ment shall not be required to accept used oil AND USED OIL FILTER(S) if:
  (1) the used oil retention facility is temporarily filled to capacity;
or
  (2)  the  retail  establishment  has  a  current contract with another
retail establishment, municipality  or  service  establishment  with  an
on-premises  used  oil  retention  facility,  for  the collection of the
contracting retail establishment's used lubricating  oil  AND  USED  OIL
FILTER(S).  In  counties  or  cities with a population of one million or
more the distance between such contracting retail establishment and  the
contractor shall not exceed eight miles. In all other areas of the state
the  contracting retail establishment and the contractor shall be within
the same or adjacent towns or cities; or
  (3) the retail establishment has been granted a hardship waiver by the
commissioner for the inability to comply with this section.
  d. Signs required. (1) Every retail establishment with an  on-premises
used  oil  retention  facility  shall  post  a conspicuous sign, open to
public view, stating "WE ACCEPT USED OIL  AND  USED  OIL  FILTER(S)  FOR
RECYCLING  AT NO CHARGE".  Such establishment may additionally state, on
the same sign or an additional sign, that used oil  [is]  AND  USED  OIL
FILTER(S)  ARE accepted only during normal business hours, and may state
such hours.
  (2) Every retail establishment  that  contracts  with  another  retail
establishment  or  service establishment, shall post a conspicuous sign,
open to the public view stating: "USED OIL AND USED  OIL  FILTER(S)  FOR
RECYCLING  WILL  BE  ACCEPTED  BY  (name of contracted establishment) AT
(Address of contracted establishment) AT NO CHARGE". Such  establishment
may  additionally  state,  on  the same sign or an additional sign, that
used oil [is] AND USED OIL FILTER(S) ARE  accepted  only  during  normal
business  hours  of  the  contracted  establishment,  and may state such
hours.
  3. For the purposes of this section, so long as a  service  or  retail
establishment  OR  ON-PREMISES OIL CHANGING OPERATION shall maintain its
used oil retention facilities in compliance with the provisions of  this
section  and  any  rules and regulations promulgated hereunder and shall
deliver collected quantities of used oil AND USED  OIL  FILTER(S)  to  a
duly permitted waste transporter or dispose of the used oil AND USED OIL
FILTER(S) as otherwise authorized or permitted by the commissioner, such
service  OR  RETAIL  establishment OR ON-PREMISES OIL CHANGING OPERATION
shall be exempt from the provisions of titles seven and nine of  article
twenty-seven and article seventy-two of this chapter.
  S 4. Section 23-2308 of the environmental conservation law, as amended
by chapter 118 of the laws of 1993, is amended to read as follows:
S 23-2308. Prohibited disposal of used oil AND USED OIL FILTERS.
  1.  No  person shall engage in the improper disposal of used oil. Used
oil shall only be deposited in an available used oil retention  facility
or disposed of as otherwise authorized or permitted by the commissioner.
  The  provisions of this section shall not apply to the use of used oil
for maintenance or lubrication of agricultural equipment.
  2. No person shall sell or offer for sale a used oil disposal  kit  or
product  which  is comprised of absorbent material into which the lubri-
cating oil from a vehicle is drained when performing an oil  change  and

A. 2541--A                          4

which  is  intended for disposal into the solid waste stream rather than
for reuse or recycling.
  3.  NO  PERSON  SHALL KNOWINGLY DISPOSE OF USED OIL FILTERS IN A LAND-
FILL, AS DEFINED IN TITLE FIVE OF ARTICLE FIFTY-FOUR  OF  THIS  CHAPTER.
RETAIL  AND  SERVICE  ESTABLISHMENTS  AND ON-PREMISES OIL-CHANGING OPER-
ATIONS SHALL ONLY DEPOSIT USED OIL FILTERS IN SOURCE-SEPARATED, USED OIL
FILTER RETENTION FACILITIES.
  S 5. Subdivision 7 of section 27-0305 of the  environmental  conserva-
tion  law,  as amended by chapter 206 of the laws of 1992, is amended to
read as follows:
  7. As a condition for  the  permit  or  the  exemption  therefrom  the
department shall require the transporter, except transporters of hazard-
ous  waste subject to manifesting under section 27-0905 of this article,
to make an annual report to the department, indicating  the  number  and
type  of  installations  SERVICED,  emptied  or  cleaned, the volume and
nature of waste products RECYCLED OR disposed  of,  and  the  place  and
manner  in  which such waste products were finally RECYCLED OR disposed,
and such other information as the department may require.
  S 6. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law; provided, however,
section four of this act shall take effect three years  after  it  shall
have  become  a  law;  provided  further  that effective immediately the
commissioner of environmental conservation is authorized  to  promulgate
any  and all rules and regulations and take any other measures necessary
to implement this act on its effective date on or before such date.