Section 701 – Short title.

Affected by 63I-1-219 on 7/1/2029 19-6-701. Short title. This act is known as the “Used Oil Management Act.” Enacted by Chapter 283, 1993 General Session

Section 702 – Legislative findings.

Affected by 63I-1-219 on 7/1/2029 19-6-702. Legislative findings. (1) The Legislature finds millions of gallons of used oil are generated each year in Utah, and this oil is: (a) a valuable petroleum resource that can be recycled; and (b) in spite of the potential for recycling, significant quantities of used oil are wastefully disposed of […]

Section 703 – Definitions.

Affected by 63I-1-219 on 7/1/2029 Effective 7/1/2015 19-6-703. Definitions. (1) “Board” means the Waste Management and Radiation Control Board created in Section 19-1-106. (2) “Commission” means the State Tax Commission. (3) “Department” means the Department of Environmental Quality created in Title 19, Chapter 1, General Provisions. (4) “Director” means the director of the Division of […]

Section 704 – Powers and duties of the board.

Affected by 63I-1-219 on 7/1/2029 19-6-704. Powers and duties of the board. (1) The board shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to administer this part and to comply with 40 CFR 279, Standards for the Management of Used Oil, to ensure the state’s primacy to manage used […]

Section 705 – Powers and duties of the director

Affected by 63I-1-219 on 7/1/2029 19-6-705. Powers and duties of the director (1) The director shall: (a) administer and enforce the rules and orders of the board; (b) issue and revoke registration numbers for DIYer used oil collection centers and used oil collection centers; (c) after public notice and opportunity for a public hearing: (i) […]

Section 706 – Disposal of used oil — Prohibitions.

Affected by 63I-1-219 on 7/1/2029 Effective 5/8/2018 19-6-706. Disposal of used oil — Prohibitions. (1) (a) Except as authorized by the director, or by rule of the board, or as exempted in this section, a person may not place, discard, or otherwise dispose of used oil: (i) in any solid waste treatment, storage, or disposal […]

Section 707 – Rebuttable presumption regarding used oil mixtures.

Affected by 63I-1-219 on 7/1/2029 19-6-707. Rebuttable presumption regarding used oil mixtures. (1) (a) Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR 261, Subpart D. (b) This presumption may be rebutted by demonstrating the […]

Section 708 – Registration and permit exemptions.

Affected by 63I-1-219 on 7/1/2029 19-6-708. Registration and permit exemptions. (1) The following persons are subject to Section 19-6-706, but are not subject to regulation as a registered or permitted site or facility under this part: (a) generators of DIYer used oil; and (b) farmers who generate in a calendar year an average of 25 […]

Section 709 – Reclamation of site or facility.

Affected by 63I-1-219 on 7/1/2029 19-6-709. Reclamation of site or facility. (1) The owner or operator of any of the following operations shall reclaim the site of the operation to a post-operations land use, as approved by the board in coordination with the department, when the operation ceases or the permit is revoked: (a) DIYer […]

Section 710 – Registration and permitting of used oil handlers.

Affected by 63I-1-219 on 7/1/2029 19-6-710. Registration and permitting of used oil handlers. (1) (a) A person may not operate a DIYer used oil collection center or used oil collection center without holding a registration number issued by the director. (b) The application for registration shall include the following information regarding the DIYer used oil […]

Section 711 – Application of used oil to the land — Limitations.

Affected by 63I-1-219 on 7/1/2029 19-6-711. Application of used oil to the land — Limitations. (1) A person may not apply used oil to the land as a dust or weed suppressant or for other similar applications to the land unless the person has obtained: (a) written authorization as required under this chapter; and (b) […]

Section 712 – Issuance of permits — Public comments and hearing.

Affected by 63I-1-219 on 7/1/2029 19-6-712. Issuance of permits — Public comments and hearing. (1) In considering permit applications under this part, the director shall: (a) ensure the application is complete prior to acting on it; (b) (i) publish notice of the permit application and the opportunity for public comment in: (A) a newspaper of […]

Section 714 – Recycling fee on sale of oil.

Affected by 63I-1-219 on 7/1/2029 19-6-714. Recycling fee on sale of oil. (1) On and after October 1, 1993, a recycling fee of $.04 per quart or $.16 per gallon is imposed upon the first sale in Utah by a lubricating oil vendor of lubricating oil. The lubricating oil vendor shall collect the fee at […]

Section 715 – Recycling fee collection procedures.

Affected by 63I-1-219 on 7/1/2029 Effective 5/12/2020 19-6-715. Recycling fee collection procedures. (1) A lubricating oil vendor shall pay the fee collected under Section 19-6-714 to the commission: (a) monthly on or before the last day of the month immediately following the last day of the previous month if: (i) the lubricating oil vendor is […]

Section 716 – Fee collection by commission — Administrative charge.

Affected by 63I-1-219 on 7/1/2029 19-6-716. Fee collection by commission — Administrative charge. (1) The commission shall administer, collect, and enforce the fee authorized under Section 19-6-714 pursuant to the same procedures used in the administration, collection, and enforcement of the sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, […]

Section 717 – Used oil collection incentive payment.

Affected by 63I-1-219 on 7/1/2029 19-6-717. Used oil collection incentive payment. (1) (a) The division shall pay a recycling incentive to registered DIYer used oil collection centers and curbside collection programs approved by the director for each gallon of used oil collected from DIYer used oil generators on and after July 1, 1994, and transported […]

Section 718 – Limitations on liability of operator of collection center.

Affected by 63I-1-219 on 7/1/2029 19-6-718. Limitations on liability of operator of collection center. (1) Subject to Subsection (2), a person may not recover from the owner, operator, or lessor of a DIYer used oil collection center any costs of response actions at another location resulting from a release or threatened release of used oil […]

Section 719 – Used oil collection account.

Affected by 63I-1-219 on 7/1/2029 19-6-719. Used oil collection account. There is created in the General Fund a restricted account known as the Used Oil Collection Administration Account. All money received by the state from the recycling fee placed on lubricating oil under this part, all permit fees, all penalties imposed under this part, and […]

Section 720 – Grants and donations — Support for programs — Priorities.

Affected by 63I-1-219 on 7/1/2029 19-6-720. Grants and donations — Support for programs — Priorities. (1) The division may solicit or request and receive gifts, grants, donations, and other assistance from any source. Funds or resources received shall be deposited in the account created in Section 19-6-719 and shall be appropriated to the division for […]

Section 721 – Violations — Proceedings — Orders.

Affected by 63I-1-219 on 7/1/2029 19-6-721. Violations — Proceedings — Orders. (1) A person who violates any provision of this part or any order, permit, rule, or other requirement issued or adopted under this part is subject in a civil proceeding to a penalty of not more than $10,000 per day for each day of […]