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ALEC Used Oil Collection Act

ALEC Used Oil Collection Act

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Published by: ALEC Watch on Jul 13, 2011
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Part VII: Environment.Energv and Nahmd Remurces

n

USED OIL COLLECTION ACT

ALEC model Used Oil Collection Act is designed to reduce the amount of improperly disposed used oil by providing incentives to increase the number of certified collection facilities for used oil. Model Legislation Section 1. {Short title} This act shall be known and may be cited as the Used Oil Collection Act.

Section 2. {Legislative findings and declarations.} The legislature finds and declares:
(A) Considerable amounts of used oil are generated each year in the state and that this oil is a valuable resource which can be utilized as an environmentally acceptable source of energy or as clean x.-refined products. (B) Although systems for the collection and recycling of used oil generated by business and industry exists, private citizens have only limited accessto that system and often dispose of their used automotive oil on land or in landfills, sewers, drainage systems, septic tanks, surface or ground waters and elsewhere. (C) Despite used oils potential value, a significant amount of used oil is improperly disposed of resulting in a significant environmental problem and a waste of a valuable energy resource.

Section 3. (Definitions.) The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
(A) “Automotive oil.” Any oil classified for use in aa combustion engine, crankcase, transmission, gear box or differential for an automobile, bus or truck, lawn mower, or household power equipment. (B) “Department.” The {insert state department of health and environmental control) (C) “Do-It-Yourself (DIYer).” An individual who removes used oil from the engine of a light duty motor vehicle, small utility engine owned or operated by such individual, non-commercial motor vehicle or farm equipment. (D) “Recycle.” To prepare used oil for reuse as a petroleum product by reclaiming reprocessing, energy recovery, re-refining or other means to utilize properly treated used oil as a substitute for petroleum products provided that the preparation and use is safe, legal, and environmentally sound. (E) “Retailer.” Anyone who sells automotive oil to the consumer. (F) “Used oil.” Any oil which has been refined from crude or synthetic oils and, as a result of use, becomes unsuitable for its original purpose due to loss of original properties, or presence of impurities, but which may be suitable for further use and may be economically recyclable. Used oil does not include oil filters that have been drained of free flowing used oil or oil contaminated materials. (H) “Used Oil Collection Center.” A facility, including fixed locations,tanks, tracks, and containers, which accepts used oil from DIYers and which constitutes an approved centralized collection center for used oil. Section 4. {Certification of Used Oil Collection Centers.) (A) The {insert department} shall develop certification requirements for DIYer used oil collection centers that shall require, at a minimum&at such centers: (1) Accept uncontaminated used DIYer oil from the general public in quantities up to five gallons per day; VolumeII: Sourcebookof AmericanStateLegislation 1995 76

Part VII: Environment,Energy andNatural Resources 8 (2) Participate in the state toll free telephone used oil information network system; (3) Meet the minimum requirements for hours of operation as established by the {insert department}; and (4) Demonstrate that it complies with all state regulations concerning tank structure an integrity, maintenance, supervision, employee training and housekeeping. Section 5. transporters) (A) The {insert department} shall develop certification procedures for transporters accepting used oil from public, private and commercial collection facilities. Such certification shall include: (1) A requirement that the transporter demonstrates familiarity with state regulations and proper used oil management rules; (2) A requirement that the equipment used in such transportation is in good mechanical condition and is suitable for the transportation of used oil; (3) A requirement of proof of liability established by the {inserr department); insurance or other means of financial responsibility as

(4) A showing that all record keeping and reporting practices are in compliance with all applicable regulations; and (5) Documentation that all used oil is delivered to qualified customers or certified recyclers. (B) Where used oil is sold directly by the transporter to an end-user, documentation must include tests results showing that said used oil meets all applicable regulators standards. (C) The {insert deparhnent} shall require that transporters tile an annual report which specifies that type and quantity of used oil transported, collected and recycled during the preceding year. (D) Any person who annually transports over public highways, more than 500 gallons of used oil must be a certified transporter. (E) The {insert department} shall promulgate regulation establishing procedures for the certification of transporters.

Se&on 6. (Recycles.]
(A) The {insert department} shall develop management standards for used oil recycling. (B)lhe recycle must be in compliance with all federal, state and local regulations and have all necessary permits. (C) The {insert department) shall require an annual report which specifies the quantity and source of used oil recycled during the preceding year. (D) Each recycler shall report on an annual basis the total products produced, sold, used in the business, or disposed of during the preceding year.

Section 7. prohibited Acts}
(A) Other than provided for in a state or federal discharge permit, no person shall intentionally: (1) Discharge used oil into sewers, drainage systems, septic tanks, surface waters, ground waters, water courses or marine waters;

VolumeII: SourcebookofAmerican StateLegislation 1995

77

Part VII: Environment,Energy andNahua1 Resources W (2) Collect, store, recycle, use or dispose of used oil in any manner which endanger the public health or welfare; (3) Dispose of used oil in any landtill; or (4) Mix or commingle used oil with hazardous substances that make it unsuitable for recycling of beneficial use. (B) Used oil may not be used for road oiling, dust control, weed abatement or similar uses which have the potential to cause harm to the environment. (C) Any person who violates this section shall be guilty of a gross misdemeanor and shall be liable for tines not to exceed {insert amount) dollars per violation per day. This provision may be enforced by a state. county or municipal law enforcement official.

Section 8: (Retail Sales of Automotive Oil}
Any retailer of automotive oil that is not a collection center shall post and maintain at or near the point of automotive oil display or sale, a durable a legible sign, minimum size of eight and one-half by eleven inches, informing the public of the importance of proper collection and disposal of used DIYer oil and the toll free number for used oil information.

Section 9: {Severability clause.} Section 10. pepealer clause.} Section 11. {Effective Date)

VolumeII: Sourcebookof AmericanStateLegislation 1995

78

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