A2541-2011 Actions

• Jun 14, 2012: ordered to third reading rules cal.170
• Jun 14, 2012: rules report cal.170
• Jun 14, 2012: reported
• Jun 11, 2012: reported referred to rules
• Jun 5, 2012: reported referred to codes
• May 30, 2012: print number 2541a
• May 30, 2012: amend and recommit to environmental conservation
• Jan 4, 2012: referred to environmental conservation
• Jan 19, 2011: referred to environmental conservation

A2541-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2541
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 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
 

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. Legislative intent. The legislature finds and declares that
 the proper management of used oil is of paramount environmental concern,
 particularly  in  protecting  the  state's  waterways  and   groundwater
 supplies from such pollution. The legislature further finds that current
 laws  and regulations governing the prohibited disposal of used oil, and
 establishing requirements for its  safe  collection  and  management  by
 service  establishments  and  other on-premises oil-changing operations,
 are not adequate to protect the environment  from  the  estimated  seven
 hundred  thousand  gallons  of  waste  oil which remains in the eighteen
 million used oil filters generated in the state each year.  Accordingly,
 landfill  disposal  should be prohibited for this product, and each used
 oil filter, which contains approximately five ounces of used oil as well
 as significant amounts of steel, should  be  separated  from  the  waste
 stream by service establishments and other large generators and held for
 recycling.
 

S  2.

Section 23-2301 of the environmental conservation law is amended
 by adding four new subdivisions 12, 13, 14 and 15 to read as follows:

 12. THE TERM "USED OIL FILTER" MEANS ANY  DEVICE  OR  COMPONENT  OF  A
 DEVICE, 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 FEDERAL REGULATIONS.
 13. THE TERM "USED OIL FILTER TRANSPORTER" SHALL MEAN ANY  PERSON  WHO
 IS  PERMITTED  BY  THE DEPARTMENT TO TRANSPORT SOURCE-SEPARATED USED OIL
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03057-01-1
 
       A. 2541                             2
 FILTERS FROM SERVICE ESTABLISHMENTS OR OTHER  ON-PREMISES  OIL  CHANGING
 OPERATIONS.
 14.  THE  TERM  "USED  OIL FILTER PROCESSOR" SHALL MEAN ANY PERSON WHO
 ACCEPTS USED OIL FILTERS FROM A USED OIL FILTER TRANSPORTER FOR PURPOSES
 OF RECYCLING OR RECOVERING COMPONENTS OF THE USED OIL FILTER,  INCLUDING
 BUT NOT LIMITED TO USED OIL AND SCRAP METAL.
 15.  THE  TERM  "SOURCE-SEPARATED"  SHALL MEAN RECYCLABLE MATERIALS OR
 PRODUCTS SEGREGATED FROM THE SOLID WASTE STREAM AT THE POINT  OF  GENER
 ATION AND HELD FOR SEPARATE COLLECTION.
 

S  3. 

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 collectors
 and rerefiners,  AND  USED  OIL  FILTER  GENERATORS,  TRANSPORTERS,  AND
 PROCESSORS, in conformance with article twenty-seven of this chapter, to
 carry out the requirements of this title.
 

S  4.  Subdivision 1 of section 23-2307 of the environmental conserva
 tion law is amended by adding three new paragraphs d, e and f and subdi
 vision 3, as amended by chapter 294 of the laws of 1991, is  amended  to
 read as follows:

 D. EVERY SERVICE ESTABLISHMENT OR OTHER ON-PREMISES OIL-CHANGING OPER
 ATION SHALL, NO LATER THAN THE FIRST OF JANUARY AFTER THE EFFECTIVE DATE
 OF  THIS SECTION, PROVIDE, USE, AND MAINTAIN FACILITIES FOR SOURCE-SEPA
 RATED, USED OIL FILTERS.  SUCH FACILITIES OR CONTAINERS MUST BE  CLEARLY
 LABELED  "USED  OIL  FILTERS"  AND MUST BE SEALED OR OTHERWISE SHELTERED
 FROM WEATHER AND PROTECTED TO PREVENT SPILLAGE OR DISCHARGE OF USED  OIL
 ONTO  ANY  LANDS  OR WATERS OF THE STATE. THE SOURCE-SEPARATED, USED OIL
 FILTERS SHALL BE  PERIODICALLY  REMOVED  BY  A  WASTE  TRANSPORTER  DULY
 PERMITTED BY THE DEPARTMENT UNDER THE PROVISIONS OF TITLE THREE OF ARTI
 CLE  TWENTY-SEVEN  OF THIS CHAPTER.  TRANSPORTERS SHALL DELIVER USED OIL
 FILTERS TO A USED OIL FILTER PROCESSOR, EXCEPT WHERE OTHERWISE PERMITTED
 BY THE COMMISSIONER.
 E. AN OWNER OR  EMPLOYEE  OF  EVERY  SERVICE  ESTABLISHMENT  OR  OTHER
 ON-PREMISES  OIL-CHANGING  OPERATION  SHALL BE REQUIRED TO ACCEPT, AT NO
 CHARGE, USED OIL FILTERS FROM  ANY  INDIVIDUAL  DURING  NORMAL  BUSINESS
 HOURS OF THE ESTABLISHMENT.
 F.  EVERY SERVICE ESTABLISHMENT SHALL POST A CONSPICUOUS SIGN, OPEN TO
 PUBLIC VIEW, STATING: "WE ACCEPT USED OIL FILTERS FOR  RECYCLING  AT  NO
 CHARGE." SUCH ESTABLISHMENTS MAY ADDITIONALLY STATE, ON THE SAME SIGN OR
 AN  ADDITIONAL  SIGN,  THAT  USED  OIL  FILTERS ARE ACCEPTED ONLY DURING
 NORMAL BUSINESS HOURS, 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 AND USED OIL FILTER 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 FILTERS to a duly permitted waste transporter or dispose of the used
 oil as otherwise authorized  or  permitted  by  the  commissioner,  such
 service  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 5.

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.
 
       A. 2541                             3
 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 KNOWINGLY DISPOSE OF USED OIL FILTERS  IN  A  LAND
 FILL,  AS  DEFINED  IN TITLE FIVE OF ARTICLE FIFTY-FOUR OF THIS CHAPTER.
 SERVICE ESTABLISHMENTS AND  ON-PREMISES  OIL-CHANGING  OPERATIONS  SHALL
 ONLY  DEPOSIT  USED  OIL  FILTERS  IN  SOURCE-SEPARATED, USED OIL FILTER
 RETENTION FACILITIES.
 

S 6.

Section 23-2309 of the environmental conservation law,  as  added
 by chapter 740 of the laws of 1978, is amended to read as follows:

 

S 23-2309. Records.
 Every  used  oil collector and rerefiner, EVERY USED OIL FILTER TRANS
 PORTER AND PROCESSORS shall maintain complete  records,  in  conformance
 with article twenty-seven of this chapter.
 

S  7.  The  environmental  conservation law is amended by adding a new
 section 23-2312 to read as follows:

 

S 23-2312. REGISTRATION OF USED OIL FILTER PROCESSORS.
 USED OIL FILTER PROCESSORS SHALL BE REGISTERED  WITH  THE  DEPARTMENT,
 PURSUANT  TO REGULATIONS PROMULGATED IN CONFORMANCE WITH SECTION 23-2305
 OF THIS TITLE, AND SHALL MAINTAIN RECORDS, INCLUDING BUT NOT LIMITED  TO
 DELIVERY  RECEIPTS  FROM  USED  OIL  FILTER TRANSPORTERS, AMOUNTS OF OIL
 FILTERS RECEIVED AND PROCESSED ANNUALLY, AND  DESTINATION  OF  MATERIALS
 RECOVERED FROM PROCESSED USED OIL FILTERS.
 

S  8.  Subdivision 4 of section 27-0303 of the environmental conserva
 tion law, as amended by chapter 226 of the laws of 1990, is amended  and
 a new subdivision 13 is added to read as follows:

 4.  "Regulated  waste"  means any one of the following types of waste:

 raw sewage, septage, sludge from a  sewage  or  water  supply  treatment
 plant,  industrial-commercial  waste,  low-level  radioactive  waste  as
 defined in subdivision nine of this section, waste tires  [or],    waste
 oil, OR USED OIL FILTERS.
 13.  "USED OIL FILTERS" MEANS ANY DEVICE OR COMPONENT OF A DEVICE, THE
 PRIMARY PURPOSE OF WHICH IS  TO  REMOVE  CONTAMINANTS  FROM  OIL,  WHICH
 CONTAINS  A RESIDUE OF USED OR WASTE OIL AS DEFINED IN THIS SECTION, AND
 IS NOT CONSIDERED HAZARDOUS UNDER FEDERAL REGULATIONS.
 

S 9. 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 10. Subdivision 4 of section 71-2201 of the environmental  conserva
 tion  law,  as  added  by chapter 294 of the laws of 1991, is amended to
 read as follows:

 
       A. 2541                             4
 4. Notwithstanding any other provision of law, any  person  who  shall
 violate  the  provisions of paragraph [(c)] C OR F 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 11. 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,
 that effective immediately the commissioner of  environmental  conserva
 tion  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.

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