49-801. Definitions In addition to the definitions in 40 Code of Federal Regulations, part 279, the following definitions apply to this article: 1. " Off-specification used oil" means used oil which exceeds any of the allowable levels in 40 Code of Federal Regulations section 279.11. 2. " On-specification used oil" means used oil that is […]
49-802. Federal used oil program; incorporation by reference; rule making A. The department shall administer 42 United States Code section 6935, as amended on January 1, 1997, as the used oil program for this state. For that purpose, 40 Code of Federal Regulations part 279, as amended on January 1, 1997, is adopted by reference. […]
49-803. Prohibited practices A. Used oil shall not be used or disposed of by any of the following methods: 1. Discharge into sewers or waters of the state as defined in section 49-201 except pursuant to a permit issued by appropriate regulatory authorities. 2. Incineration except at a facility authorized to incinerate hazardous waste under […]
49-810. Violation; classification A. A person who knowingly violates a provision of the used oil program prescribed by section 49-802 is guilty of a class 2 misdemeanor. B. An act or omission punishable under this section or any other section of criminal law may be punished under both, but any punishments, including fines, shall be […]
49-811. Violation; civil penalty A. Except as otherwise provided, a person who violates any provision of this article or a rule or order adopted or issued pursuant to this article is subject to a civil penalty of not more than ten thousand dollars per day for each violation. B. The attorney general, at the request […]
49-812. Compliance orders; injunctive relief A. If the director has reasonable cause to believe that a person is violating a provision of this article or a rule adopted pursuant to this article, the director may serve on the person an order requiring compliance with that provision or rule. The order shall state with reasonable particularity […]
49-813. Program of education A. The director shall conduct a program to educate transporters, marketers and burners on their responsibilities under this article. The program of education shall include producing and distributing written materials and conducting seminars in various parts of the state. The director shall provide for appropriate public notice of educational programs conducted […]
49-817. Enforcement powers of the director and inspectors When necessary for the enforcement of this article and rules adopted pursuant to this article, the director or the director’s authorized agent may enter any commercial, nonprofit or governmental premises during normal operating hours. The director or the director’s authorized agent shall give the owner or operator […]
