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

                                   573

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (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:

  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.
  1. Service establishments. a. Every service establishment,  and  every
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

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
need only accept used oil AND USED OIL FILTER(S)  in  screw-top,  rigid,
closed containers.

A. 573                              3

  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
which  is  intended for disposal into the solid waste stream rather than
for reuse or recycling.

A. 573                              4

  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.