N.Y. Environmental Conservation Law § 23-2307: Used oil retention facilities required; installation and maintenance; posting of notice

§ 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.