{"data":{"id":"us-ky/krs-224.50-545","jurisdiction":"us-ky","citation":"KRS 224.50-545","heading":"Findings -- Definitions -- Prohibitions -- Policy to encourage reuse --","body":"Posting notice of collection sites -- Representation of used oil as new oil --\nRegistration of used oil collectors and recyclers.\n(1) It is the finding of the General Assembly that almost nineteen (19) million gallons\nof used automotive and industrial oil are generated each year in the state; that used\noil is a valuable petroleum resource which can be recycled; and that, in spite of this\npotential for recycling, significant quan tities of used oil are wastefully disposed of\nor improperly used by means which pollute the water, land, and air and endanger\nthe public health and welfare; and that the inflationary impact of increased oil costs\nand an accompanying shortage of lubrication  oil necessitate that waste oil be\nrecycled.\n(2) As used in this section:\n(a) \"Used oil\" means a petroleum based or synthetic oil such as an engine\nlubricant, engine oil, motor oil, or lubricating oil for use in an internal\ncombustion engine, or a lubrican t for motor transmissions, gears, or axles\nwhich through use, storage or handling has become unsuitable for its original\npurpose due to the presence of impurities or loss of original properties.\n(b) \"Recycle\" means to prepare used oil as a petroleum produc t or petroleum\nproduct substitute by refining, rerefining, reclaiming, reprocessing, or other\nmeans or to use used oil in a manner that substitutes for a petroleum product\nor petroleum product substitute made from new oil, provided that the\npreparation or use is operationally safe, environmentally sound, and complies\nwith all laws and regulations.\n(c) \"Rerefined oil\" means used oil which is rerefined to remove the physical and\nchemical contaminants acquired through use which by itself or when blended\nwith n ew oil or additives, is substantially identical or superior to new oil\nintended for the same purposes, as specified by rules prescribed by the Federal\nTrade Commission under Section 383(d)(1) of the Energy Policy and\nConservation Act (P.L. 94-163).\n(3) No person shall collect, transport, transfer, store, recycle, use, or dispose of used oil\nin any manner which endangers the public health or welfare or violates any law or\nregulation.\n(4) No person shall dispose of used oil by discharge into sewers, drainage systems,\nsurface or groundwaters, or incineration other than for energy generating purposes.\n(5) The General Assembly declares that used oil shall be collected and recycled to the\nmaximum extent possible by means which are economically feasible and\nenvironmentally sound in order to conserve irreplaceable petroleum resources,\npreserve and enhance the quality of natural and human environments, and protect\npublic health and welfare.\n(6) All officials of this state and any of its agencies or political subdivisi ons shall\nencourage and, to the extent possible, require the procurement and purchase of\nrecycled oil products represented as substantially equivalent to products made from\nnew oil in accordance with this section whenever such products are available at\nprices competitive with those of new oil produced for the same purposes.\n(7) The cabinet shall encourage the establishment of voluntary used oil collection and\nrecycling programs and provide technical assistance to persons organizing such\nprograms.\n(8) The cabinet shall establish a list of used oil collectors and the specific counties or\nareas within the Commonwealth in which each collector has by written agreement\nor contract with the cabinet agreed to serve. The cabinet shall make arrangements\nwith each waste oil collector for routing schedules to assure that collection tanks are\nregularly served by a used oil collector.\n(9) The cabinet shall notify all persons who sell automotive or industrial oils to\nconsumers in an amount in excess of five hundred (500) gallons per year of the used\noil collector or collectors who have agreed to serve that area and the proposed\ncollection and routing schedules.\n(10) Upon notification that arrangements have been made to collect waste oil in that\narea, any person who sells aut omotive or industrial oils to consumers in an amount\nin excess of five hundred (500) gallons per year shall post at the point of purchase\ndurable and legible signs not less than eight and one -half (8 1/2) by eleven (11)\ninches in size detailing the locations of conveniently located collection facilities.\n(11) A person may represent any product made in whole or in part from used oil to be\nsubstantially equivalent to a product made from new oil for a particular end use if\nthe product conforms fully with the s pecifications applicable to that product made\nfrom new oil or if substantial equivalency has been determined in accordance with\nrules prescribed by the Federal Trade Commission under Section 383(d)(1) of the\nEnergy Policy and Conservation Act (P.L. 94 -163). Otherwise, the product must be\nrepresented as made from previously used oil.\n(12) The cabinet shall encourage the use of labeling for oil containers to inform the user\nof the importance of proper collection and disposal of used oil.\n(13) No person, except a person collecting solely from sources owned and operated by\nthat person, shall transport more than five hundred (500) gallons of used oil\nannually over public highways or maintain any storage facility that receives more\nthan ten thousand (10,000) gallons of used oil annually without first registering as a\nused oil collector with the cabinet. A registered used oil collector shall:\n(a) Transfer used oil only to another registered used oil collector, a recycler\nregistered with the cabinet, or a person outside the state;\n(b) Provide a receipt to any person to whom used oil is transferred; maintain a\ncomplete record of all such transactions, documented by reproducible receipts,\nfor two (2) years; and make available to the cabinet, upon request , all records\nand copies of receipts for the purpose of review and audit;\n(c) Submit an annual report to the cabinet on its activities during the calendar year\nbased on the records kept in accordance with this section. The report shall\nstate the quantities  of used oil possessed at the beginning and end of the\nreporting period, the total amount collected, and the amounts transferred\nduring the reporting period. The amounts transferred shall be itemized as to\nused oil collectors, used oil recyclers, and by th e state or foreign country for\nthose persons outside the state.\n(14) No person, except a person recycling solely from sources owned and operated by\nthat person, shall recycle more than five thousand (5,000) gallons of used oil\nannually without first registering as a used oil recycler with the cabinet. A registered\nused oil recycler shall:\n(a) Provide a receipt to any person from whom used oil is received; maintain a\ncomplete record of all such transactions, documented by reproducible receipts,\nfor two (2) y ears; maintain records on the quantities of used oil recycled; and\nmake available to the cabinet, upon request, all records and copies of receipts\nfor the purpose of review and audit;\n(b) Submit an annual report to the cabinet on its activities during the calendar year\nbased upon the records kept in accordance with this section. The report shall\nstate the quantities of used oil possessed at the beginning and end of the\nreporting period, the total amount received, and the amounts recycled during\nthe reportin g period. The amounts recycled shall be itemized as follows:\nprepared for reuse as a petroleum product; consumed in the process of\npreparing for reuse, including wastes generated; and other uses specifying\neach type of use.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10469","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:41Z","sha256":"ec4eb600da70e1cc44ed64cf559de3ee2ecf8924b1643169d6366348544ccc99","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.50-422","next":"us-ky/krs-224.50-585"},"notice":"GroundRules: Original legal text. Not legal advice."}