§ 23-2307 — Used oil retention facilities required; installation and maintenance; posting of notice

New York § 23-2307

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 23: Rerefining of Used Oil
• Art. 23: Mineral Resources

Text

§ 23-2307. Used oil retention facilities required; installation and\n maintenance; posting of notice.\n 1. Service establishments. a. Every service establishment, and every\nother person, industrial operation, airport, trucking terminal, state or\nlocal government facility generating at least five hundred gallons of\nused oil annually, shall, no later than September first, nineteen\nhundred seventy-nine, provide and maintain used oil retention\nfacilities, properly sheltered and protected to prevent spillage,\nseepage or discharge of used oil into storm or sanitary sewers or into\nor on any lands or waters of the state including groundwaters thereof.\nThe used oil shall be periodically removed from the retention facility\nby a waste transporter duly permitted by the department under the\nprovisions of title three of article twenty-seven of this chapter.\nWaste transporters may dispose of used oil only by delivery to a\nrerefiner except where otherwise permitted by the commissioner. Rules\nand regulations defining proper design and maintenance of a retention\nfacility may be promulgated by the commissioner.\n b. An owner or an employee of every service establishment who is\npresent on the premises shall be required to accept during the normal\nbusiness hours of the establishment and at no charge, used oil in\nquantities not exceeding five gallons per day from any individual;\nprovided, however, this requirement to accept does not apply if the\npetroleum-based lubricating oil brought to the establishment is\ndetermined to have been contaminated through other than ordinary and\nnormal use, and does not apply if the used oil retention facility is\ntemporarily filled to capacity; and provided further that such\nestablishment need only accept used oil in screw-top, rigid, closed\ncontainers. No such establishment shall impose upon a customer a\nseparate charge or fee for accepting or disposing of used oil; nor shall\nsuch establishment impose any charge upon any individual who is not a\ncustomer for such service.\n c. Every service establishment shall post a conspicuous sign, open to\npublic view, stating: "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE".\nSuch establishment may additionally state, on the same sign or an\nadditional sign, that used oil is accepted only during normal business\nhours and may state such hours.\n 2. Retail establishments. a. Unless exempted, every retail\nestablishment shall provide and maintain used oil retention facilities,\nproperly sheltered and protected to prevent spillage, seepage or\ndischarge of used oil into storm or sanitary sewers or into or on any\nlands or waters of the state including groundwater thereof. The used oil\nshall be periodically removed from the retention facility by a waste\ntransporter duly permitted by the department under the provisions of\ntitle three of article twenty-seven of this chapter. Waste transporters\nmay dispose of used oil only by delivery to a rerefiner except where\notherwise permitted by the commissioner. Rules and regulations defining\nproper design and maintenance of a retention facility may be promulgated\nby the commissioner.\n b. Every retail establishment shall be required to accept at no\ncharge, used oil in quantities not exceeding five gallons per day from\nany individual during normal business hours of the establishment;\nprovided, however, this requirement to accept does not apply if the\npetroleum-based lubricating oil brought to the establishment is\ndetermined to have been contaminated through other than ordinary and\nnormal use; and provided further, that such establishment need only\naccept used oil in screw-top, rigid, closed containers.\n c. Exemptions. Pursuant to rules and regulations promulgated by the\ndepartment for the implementation of this section, a retail\nestablishment shall not be required to accept used oil if:\n (1) the used oil retention facility is temporarily filled to capacity;\nor\n (2) the retail establishment has a current contract with another\nretail establishment, municipality or service establishment with an\non-premises used oil retention facility, for the collection of the\ncontracting retail establishment's used lubricating oil. In counties or\ncities with a population of one million or more the distance between\nsuch contracting retail establishment and the contractor shall not\nexceed eight miles. In all other areas of the state the contracting\nretail establishment and the contractor shall be within the same or\nadjacent towns or cities; or\n (3) the retail establishment has been granted a hardship waiver by the\ncommissioner for the inability to comply with this section.\n d. Signs required. (1) Every retail establishment with an on-premises\nused oil retention facility shall post a conspicuous sign, open to\npublic view, stating "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE".\nSuch establishment may additionally state, on the same sign or an\nadditional sign, that used oil is accepted only during normal business\nhours, and may state such hours.\n (2) Every retail establishment that contracts with another retail\nestablishment or service establishment, shall post a conspicuous sign,\nopen to the public view stating: "USED OIL FOR RECYCLING WILL BE\nACCEPTED BY (name of contracted establishment) AT (Address of contracted\nestablishment) AT NO CHARGE". Such establishment may additionally state,\non the same sign or an additional sign, that used oil is accepted only\nduring normal business hours of the contracted establishment, and may\nstate such hours.\n 3. For the purposes of this section, so long as a service or retail\nestablishment shall maintain its used oil retention facilities in\ncompliance with the provisions of this section and any rules and\nregulations promulgated hereunder and shall deliver collected quantities\nof used oil to a duly permitted waste transporter or dispose of the used\noil as otherwise authorized or permitted by the commissioner, such\nservice establishment shall be exempt from the provisions of titles\nseven and nine of article twenty-seven and article seventy-two of this\nchapter.\n