S T A T E O F N E W Y O R K
________________________________________________________________________
4449
2015-2016 Regular Sessions
I N A S S E M B L Y
February 2, 2015
___________
Introduced by M. of A. GJONAJ -- 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 heating oil containing waste oil
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 OR SALE of used oil.
1. No person shall engage in the improper disposal OR SALE 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.
S 2. Section 71-2201 of the environmental conservation law, as added
by chapter 740 of the laws of 1978, the opening paragraph and subdivi-
sion 1 as amended and subdivision 3 as added by chapter 901 of the laws
of 1983 and subdivision 4 as added by chapter 294 of the laws of 1991,
is amended and a new section 71-2203 is added to read as follows:
S 71-2201. [Enforcement of title 23 of article 23 of this chapter.
Administrative and civil sanctions.] VIOLATIONS, CIVIL LIABILITY.
1. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by title 23 of article 23 except the duty to
accept used oil pursuant to section 23-2307 [or any person subject to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08619-01-5
A. 4449 2
section 23-2308 or any rule or regulation promulgated pursuant thereto],
or any term or condition of any certificate or permit issued pursuant
thereto, or any final determination or order of the commissioner made
pursuant to this section shall be liable for a civil penalty not to
exceed one thousand dollars for each such violation and an additional
penalty of not more than five hundred dollars for each day during which
such violation continues, to be assessed by the commissioner after a
hearing or opportunity to be heard pursuant to the provisions of section
71-1709 of this chapter, and, in addition thereto, such person may by
similar process be enjoined from continuing such violation and any
permit or certificate issued to such person may be revoked or suspended
or a pending renewal application denied.
2. Any person who refuses to accept used oil as required pursuant to
subdivision two of section 23-2307 shall be liable for a civil penalty
not to exceed one hundred dollars.
3. Any person who [violates any provision of] IMPROPERLY DISPOSES OF
USED OIL IN VIOLATION OF section 23-2308 of this chapter shall be
subject to a civil penalty not to exceed two hundred fifty dollars for
each violation.
3-A. ANY PERSON WHO KNOWINGLY ENGAGES IN THE SALE OF USED OIL, OR THE
SALE OF HEATING OIL MIXED WITH USED OIL SHALL BE LIABLE FOR A CIVIL
PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION.
4. Notwithstanding any other provision of law, any person who shall
violate the provisions of paragraph [(c)] C of subdivision one of
section 23-2307 or paragraph [(d)] D of subdivision two of section
23-2307 of this chapter shall be liable for a civil penalty of not more
than five hundred dollars, and an additional civil penalty of not more
than five hundred dollars for each day during which such violation
continues, not to exceed ten thousand dollars.
S 71-2203. CRIMINAL LIABILITY FOR VIOLATIONS.
1. ANY PERSON WHO SHALL KNOWINGLY ENGAGE IN THE SALE OF USED OIL OR
HEATING OIL MIXED WITH USED OIL IN VIOLATION OF SECTION 23-2308 OF THIS
CHAPTER, OR ANY CODE, RULE OR REGULATION PROMULGATED PURSUANT THERETO OR
ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER SHALL BE GUILTY OF
A MISDEMEANOR, AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A
FINE, IN THE CASE OF A FIST CONVICTION, OF NOT LESS THAN FIVE HUNDRED
DOLLARS NOR MORE THAN EIGHTEEN THOUSAND DOLLARS OR BY IMPRISONMENT FOR A
TERM OF NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT,
FOR EACH SEPARATE VIOLATION. IF THE CONVICTION IS FOR AN OFFENSE COMMIT-
TED AFTER THE FIRST CONVICTION OF SUCH PERSON UNDER THIS SUBDIVISION,
SUCH PERSON SHALL BE PUNISHED BY A FINE NOT TO EXCEED TWENTY-SIX THOU-
SAND DOLLARS, OR BY IMPRISONMENT, OR BY BOTH SUCH FINE AND IMPRISONMENT.
EACH DAY ON WHICH SUCH VIOLATION OCCURS SHALL CONSTITUTE A SEPARATE
VIOLATION.
2. NO PROSECUTION UNDER THIS SECTION SHALL BE INSTITUTED UNTIL AFTER
FINAL DISPOSITION OF AN APPEAL OR REVIEW, IF ANY.
3. ALL PROSECUTIONS UNDER THIS SECTION SHALL BE INSTITUTED BY THE
COMMISSIONER AND SHALL BE CONDUCTED BY THE ATTORNEY GENERAL IN THE NAME
OF THE PEOPLE OF THE STATE OF NEW YORK.
4. IN THE PROSECUTION OF ANY CRIMINAL PROCEEDING UNDER THIS SECTION BY
THE ATTORNEY GENERAL AND, IN ANY PROCEEDING BEFORE A GRAND JURY IN
CONNECTION THEREWITH, THE ATTORNEY GENERAL SHALL EXERCISE ALL THE POWERS
AND PERFORM ALL THE DUTIES WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE
BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM, AND IN SUCH A PROCEED-
ING THE DISTRICT ATTORNEY SHALL EXERCISE SUCH POWERS AND PERFORM SUCH
DUTIES AS ARE REQUESTED OF HIM OR HER BY THE ATTORNEY GENERAL.
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S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately
the commissioner of environmental conservation is authorized to promul-
gate 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.