S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6616
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2017
                                ___________
 
 Introduced  by  M. of A. GJONAJ, MURRAY -- 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:
 § 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.
   §  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
 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.
              

                                                            LBD10480-01-7

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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.
 § 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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   §  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.