S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1835
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Environmental 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.  Section 23-2301 of the environmental conservation  law  is
 amended by adding a new subdivision 12 to read as follows:
   12.  THE  TERM  "USED  OIL  FILTER" MEANS ANY DEVICE OR COMPONENT OF A
 DEVICE, NO LONGER WANTED BY ITS OWNER, 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 STATE
 REGULATIONS.
   § 2. Section 23-2305 of the environmental conservation law,  as  added
 by chapter 740 of the laws of 1978, is amended to read as follows:
 § 23-2305. Regulations of the commissioner.
   The  commissioner  shall,  after  holding  a  public  hearing with due
 notice, promulgate rules and regulations  governing  used  oil  AND  OIL
 FILTER  collectors  and  rerefiners, in conformance with article twenty-
 seven of this chapter, to carry out the requirements of this title.
   § 3. Section 23-2307 of the environmental conservation law, as amended
 by chapter 294 of the laws of 1991, paragraphs b and c of subdivision  1
 and paragraphs b and d of subdivision 2 as amended by chapter 152 of the
 laws of 1995, is amended to read as follows:
 § 23-2307. Used  oil  retention  facilities  required;  installation and
              maintenance; posting of notice.
   1. Service establishments. a. Every service establishment,  and  every
 other person, industrial operation, airport, trucking terminal, state or
 local  government  facility  generating at least five hundred gallons of
 used oil annually,  shall,  no  later  than  September  first,  nineteen
 hundred  seventy-nine,  provide  and maintain used oil retention facili-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07423-01-7

 A. 1835                             2
 
 ties, properly sheltered and protected to prevent spillage,  seepage  or
 discharge of used oil AND DISCHARGES FROM USED OIL FILTERS into storm or
 sanitary sewers or into or on any lands or waters of the state including
 groundwaters  thereof.  The used oil AND USED OIL FILTERS shall be peri-
 odically removed from the retention facility by a waste transporter duly
 permitted by the department under the provisions of title three of arti-
 cle twenty-seven of this chapter.   Waste transporters  may  dispose  of
 used  oil only by delivery to a rerefiner except where otherwise permit-
 ted by the commissioner. Rules and regulations  defining  proper  design
 and  maintenance  of  a  retention  facility  may  be promulgated by the
 commissioner.
   b. An owner or an employee of every service establishment who is pres-
 ent on the premises shall be required to accept during the normal  busi-
 ness hours of the establishment and at no charge, used oil in quantities
 not  exceeding  five  gallons  per  day from any individual AND USED OIL
 FILTER(S); provided, however, this requirement to accept does not  apply
 if  the  petroleum-based lubricating oil brought to the establishment is
 determined to have been contaminated through  other  than  ordinary  and
 normal  use,  and  does  not apply if the used oil retention facility is
 temporarily filled to capacity; and provided further  that  such  estab-
 lishment  need only accept used oil AND USED OIL FILTER(S) in screw-top,
 rigid, closed containers. No such  establishment  shall  impose  upon  a
 customer a separate charge or fee for accepting or disposing of used oil
 AND  USED  OIL FILTER(S); nor shall such establishment impose any charge
 upon any individual who is not a customer for such service.
   c. Every service establishment shall post a conspicuous sign, open  to
 public  view,  stating:  "WE  ACCEPT USED OIL AND USED OIL FILTER(S) FOR
 RECYCLING AT NO CHARGE".  Such establishment may additionally state,  on
 the  same  sign  or  an additional sign, that used oil [is] AND USED OIL
 FILTER(S) ARE accepted only during normal business hours and  may  state
 such hours.
   2.  Retail establishments. a. Unless exempted, every retail establish-
 ment shall provide and maintain used oil retention facilities,  properly
 sheltered  and  protected  to  prevent spillage, seepage or discharge of
 used oil AND DISCHARGES FROM USED OIL FILTERS  into  storm  or  sanitary
 sewers  or into or on any lands or waters of the state including ground-
 water thereof. The used oil AND USED OIL FILTER(S) shall be periodically
 removed from the retention facility by a waste transporter duly  permit-
 ted  by  the  department  under the provisions of title three of article
 twenty-seven of this chapter. Waste transporters may dispose of used oil
 only by delivery to a rerefiner except where otherwise permitted by  the
 commissioner.  Rules  and regulations defining proper design and mainte-
 nance of a retention facility may be promulgated by the commissioner.
   b. Every retail establishment  shall  be  required  to  accept  at  no
 charge,  used  oil in quantities not exceeding five gallons per day from
 any individual during normal business hours  of  the  establishment  AND
 USED  OIL  FILTER(S); provided, however, this requirement to accept does
 not apply if the petroleum-based lubricating oil brought to  the  estab-
 lishment  is  determined  to  have  been contaminated through other than
 ordinary and normal use; and provided further, that  such  establishment
 need  only  accept  used oil AND USED OIL FILTER(S) in screw-top, rigid,
 closed containers.
   c. Exemptions. Pursuant to rules and regulations  promulgated  by  the
 department  for  the implementation of this section, a retail establish-
 ment shall not be required to accept used oil AND USED OIL FILTER(S) if:

 A. 1835                             3
 
   (1) the used oil retention facility is temporarily filled to capacity;
 or
   (2)  the  retail  establishment  has  a  current contract with another
 retail establishment, municipality  or  service  establishment  with  an
 on-premises  used  oil  retention  facility,  for  the collection of the
 contracting retail establishment's used lubricating  oil  AND  USED  OIL
 FILTER(S).  In  counties  or  cities with a population of one million or
 more the distance between such contracting retail establishment and  the
 contractor shall not exceed eight miles. In all other areas of the state
 the  contracting retail establishment and the contractor shall be within
 the same or adjacent towns or cities; or
   (3) the retail establishment has been granted a hardship waiver by the
 commissioner for the inability to comply with this section.
   d. Signs required. (1) Every retail establishment with an  on-premises
 used  oil  retention  facility  shall  post  a conspicuous sign, open to
 public view, stating "WE ACCEPT USED OIL  AND  USED  OIL  FILTER(S)  FOR
 RECYCLING  AT NO CHARGE".  Such establishment may additionally state, on
 the same sign or an additional sign, that used oil  [is]  AND  USED  OIL
 FILTER(S)  ARE accepted only during normal business hours, and may state
 such hours.
   (2) Every retail establishment  that  contracts  with  another  retail
 establishment  or  service establishment, shall post a conspicuous sign,
 open to the public view stating: "USED OIL AND USED  OIL  FILTER(S)  FOR
 RECYCLING  WILL  BE  ACCEPTED  BY  (name of contracted establishment) AT
 (Address of contracted establishment) AT NO CHARGE". Such  establishment
 may  additionally  state,  on  the same sign or an additional sign, that
 used oil [is] AND USED OIL FILTER(S) ARE  accepted  only  during  normal
 business  hours  of  the  contracted  establishment,  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 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  FILTER(S)  to  a
 duly permitted waste transporter or dispose of the used oil AND USED OIL
 FILTER(S) as otherwise authorized or permitted by the commissioner, such
 service  OR  RETAIL  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.
   § 4. 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 of used oil AND USED OIL FILTERS.
   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.
 RETAIL AND SERVICE ESTABLISHMENTS  AND  ON-PREMISES  OIL-CHANGING  OPER-

 A. 1835                             4

 ATIONS SHALL ONLY DEPOSIT USED OIL FILTERS IN SOURCE-SEPARATED, USED OIL
 FILTER RETENTION FACILITIES.
   §  5.  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.
   §  6. 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,
 section  four  of  this act shall take effect three years after it shall
 have become a law;  provided  further  that  effective  immediately  the
 commissioner  of  environmental conservation 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.