§ 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
facilities, properly sheltered and protected to prevent spillage,
seepage or discharge of used oil into storm or sanitary sewers or into
or on any lands or waters of the state including groundwaters thereof.
The used oil shall be periodically removed from the retention facility
by a waste transporter duly permitted 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 maintenance of a retention
facility may be promulgated by the commissioner.

b. An owner or an employee of every service establishment who is
present on the premises shall be required to accept during the normal
business hours of the establishment and at no charge, used oil in
quantities not exceeding five gallons per day from any individual;
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
establishment need only accept used oil 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; 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 FOR RECYCLING AT NO CHARGE".
Such establishment may additionally state, on the same sign or an
additional sign, that used oil is accepted only during normal business
hours and may state such hours.

2. Retail establishments. a. Unless exempted, every retail
establishment shall provide and maintain used oil retention facilities,
properly sheltered and protected to prevent spillage, seepage or
discharge of used oil into storm or sanitary sewers or into or on any
lands or waters of the state including groundwater thereof. The used oil
shall be periodically removed from the retention facility by a waste
transporter duly permitted 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 maintenance 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;
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 provided further, that such establishment need only
accept used oil 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
establishment shall not be required to accept used oil if:

(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. 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 FOR RECYCLING AT NO CHARGE".
Such establishment may additionally state, on the same sign or an
additional sign, that used oil is 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 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 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 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 to a duly permitted waste transporter or dispose of the used
oil as otherwise authorized or permitted by the commissioner, such
service establishment shall be exempt from the provisions of titles
seven and nine of article twenty-seven and article seventy-two of this
chapter.