NY Env Conserv L § 23-2307 (2021)
2021 New York Laws ENV - Environmental Conservation Article 23 - Mineral Resources Title 23 - Rerefining of Used Oil 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.