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

                                  7634

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2013
                               ___________

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.
                                                           LBD10721-01-3
              

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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.