Senate Bill S5452

2021-2022 Legislative Session

Prohibits the sale of used oil and establishes civil and criminal penalties

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S5452 (ACTIVE) - Details

See Assembly Version of this Bill:
A4311
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§23-2308 & 71-2201, add §71-2203, En Con L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7634
2015-2016: A4449
2017-2018: A6616, A9754
2019-2020: A3447
2023-2024: S4955, A4603

2021-S5452 (ACTIVE) - Summary

Prohibits the sale of used oil and establishes civil and criminal penalties.

2021-S5452 (ACTIVE) - Sponsor Memo

2021-S5452 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5452
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the sale of used oil and to establishing civil and crimi-
   nal penalties

   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:
 § 23-2308. Prohibited disposal OR SALE of used oil.
   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.
   3. NO PERSON SHALL SELL OR OFFER FOR SALE USED OIL, OTHER THAN TO  OIL
 REREFINING FACILITIES.
   4.  NO USED OIL COLLECTOR SHALL TRANSFER USED OIL, OTHER THAN TO RERE-
 FINING FACILITIES OR A FACILITY PERMITTED TO DISPOSE OF USED OIL BY  THE
 COMMISSIONER.
   §  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:
 § 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
              

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