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This entry was published on 2014-09-22
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SECTION 23-2301
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 23, TITLE 23
§ 23-2301. Definitions.

For the purposes of this title:

1. The term "used oil" means all petroleum-based lubricating oils
which have through use been contaminated by physical or chemical
impurities which have not been removed by subsequent rerefining;

2. The term "rerefined oil" means used oil which has been refined to
remove the physical and chemical contaminants so that it shall be
suitable for lube stock or fuel oil acquired through use, which by
itself or when blended with new oil or additives is substantially
equivalent or superior to new oil intended for the same purposes, as
specified in the American Petroleum Institute's engine service
classifications;

3. The term "new oil" means all oil which has been refined from virgin
oil and may or may not contain additives, but has never been used, and
does not include used oil or rerefined oil;

4. The term "lubricating oil" means all petroleum-based oil which:

a. is suitable for use as a lubricant, or

b. is sold for use as a lubricant, and

c. is not consumed in normal use;

5. The term "fuel oil" means all oil which has been refined,
rerefined, or otherwise processed for the purpose of being burned to
produce heat;

6. The term "on-premises oil changing operation" means any
establishment that drains or collects used oil and replaces the used oil
with new or rerefined lubricating oil;

7. The term "service establishment" means every automobile service
station including gas only outlets and any other retail outlet and boat
marina selling at least five hundred gallons of lubricating oil annually
and having an on-premises oil changing operation;

8. The term "used oil collector" means any waste transporter as
defined in title three of article twenty-seven of this chapter who
controls a system which functions to retrieve or collect used oil for
sale or transfer to oil rerefining facilities, or for other methods of
disposal, but shall not include service establishments;

9. The term "rerefiner" means any person who rerefines used oil to
remove its physical and chemical contaminants; and

10. The term "disposal" means the discharge, deposit, injection,
dumping, spilling, leaking or placing of any used oil into or on any
land or water so that such used oil or any related constituent thereof
may enter the environment or be emitted into the air or discharged into
any waters of the state including groundwaters thereof. Disposal shall
include the incineration of used oil and the burning of used oil for the
purpose of recovering usable energy.

11. The term "retail establishment" means every vendor that sells
lubricating oil at retail in quantities in excess of one thousand
gallons per year.