US Lawyer Database

§ 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.