By Howard, Saunders, Kuempel H.B. No. 3220
74R11041 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection, management, and recycling of used oil.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 371, Health and Safety Code, is amended
1-5 to read as follows:
1-6 CHAPTER 371. USED OIL COLLECTION, MANAGEMENT, AND RECYCLING
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 371.001. Short Title. This chapter may be cited as the
1-9 Texas Used Oil Collection, Management, and Recycling Act.
1-10 Sec. 371.002. Findings. The legislature finds that:
1-11 <(1) when properly managed, used oil is a valuable
1-12 energy resource, the reuse of which may make a significant
1-13 contribution toward energy efficiency and conservation;>
1-14 <(2) recycling used oil to produce fuel requires
1-15 significantly less energy than is needed to refine crude oil into
1-16 fuel;>
1-17 <(3) millions of gallons of used oil generated each
1-18 year by private citizens in the state are not available for
1-19 recycling because of improper disposal practices and the lack of
1-20 collection facilities;>
1-21 <(4) although there is a reliable system for the
1-22 collection and recycling of used oil generated by business and
1-23 industry, private citizens have only limited access to that system
1-24 and often dispose of their used oil on land or in landfills,
2-1 sewers, drainage systems, septic tanks, surface waters or
2-2 groundwaters, watercourses, or marine waters;>
2-3 <(5) improper disposal of this used oil is both a
2-4 significant environmental problem and a waste of a valuable energy
2-5 resource; and>
2-6 <(6) adequate public funds are required to provide for
2-7 the proper collection, management, and recycling of used oil.>
2-8 (1) when properly managed and recycled, used oil is a
2-9 valuable energy resource,
2-10 (2) used oil can be recycled into a number of
2-11 different products,
2-12 (3) improper disposal of used oil is a significant
2-13 environmental problem and a waste of a potentially valuable energy
2-14 resource,
2-15 (4) there is a need for an expanded statewide network
2-16 of public and private used oil collection sites for private
2-17 citizens who change their own motor oil,
2-18 (5) the United States Environmental Protection Agency
2-19 (U.S.E.P.A.) has issued final regulations which properly classify
2-20 and regulate used oil and used oil filters in accordance with the
2-21 management standards that carry out the requirements of the federal
2-22 Resource Conservation and Recovery Act,
2-23 (6) the current used oil and used oil filter program
2-24 in the State of Texas imposes more stringent management
2-25 requirements than the U.S.E.P.A. rules, and
2-26 (7) limited public funds are needed to finance public
2-27 and private infrastructure investments to collect, manage and
3-1 recycle used motor oil.
3-2 (8) the federal used oil management standards
3-3 published in the Code of Federal Regulations at 40 CFR Part 279
3-4 establish a balanced approach to the objectives of preserving a
3-5 valuable resource and protecting the natural environment (40 CFR
3-6 279).
3-7 Sec. 371.0021. PURPOSE AND SCOPE. It is the purpose of this
3-8 statute to ensure that the Texas used oil program is consistent
3-9 with the federal program for the management of used oil found at 40
3-10 CFR 279 and used oil filters found at 40 CFR 261.4(b)(13) as
3-11 promulgated on the effective date of this act not later than
3-12 January 1, 2000. Accordingly, no rule which the Texas Natural
3-13 Resource Conservation Commission makes for the purpose of the state
3-14 administration of the used oil program under the federal Resource
3-15 Conservation and Recovery Act shall be more stringent than the
3-16 corresponding federal regulations which address the same
3-17 circumstances. In addition, this section establishes a Texas
3-18 program to promote public and private do-it-yourselfer used oil
3-19 collection centers.
3-20 Sec. 371.003. Definitions. In this chapter:
3-21 (1) "Aboveground tank" means a tank used to store or
3-22 process used oil that is not an underground storage tank as defined
3-23 in 40 CFR 280.12.
3-24 <(1)> (2) "Automotive oil" means any lubricating oils
3-25 intended for use in an internal combustion engine, crankcase,
3-26 transmission, gear box, or differential for an automobile, bus, or
3-27 truck. The term includes oil that is not labeled specifically for
4-1 that use but is suitable for that use according to generally
4-2 accepted industry specifications.
4-3 <(2) "Board" means the Texas Natural Resource
4-4 Conservation Commission.>
4-5 (3) "<Department> Commission" means the Texas Natural
4-6 Resource Conservation Commission.
4-7 (4) "Container" means any portable device in which a
4-8 material is stored, transported, treated, disposed of, or otherwise
4-9 handled.
4-10 (5) "Do-it-yourselfer used oil collection center"
4-11 means any site or facility that accepts/aggregates and stores used
4-12 oil collected from household do-it-yourselfers.
4-13 (6) "Existing tank" means a tank that is used for the
4-14 storage or processing of used oil and that is in operation, or for
4-15 which installation has commenced on or prior to the effective date
4-16 of this statute. Installation will be considered to have commenced
4-17 if the owner or operator has obtained all federal, state, and local
4-18 approvals or permits necessary to begin installation of the tank
4-19 and if either:
4-20 (1) A continuous on-site installation program
4-21 has begun, or
4-22 (2) The owner or operator has entered into
4-23 contractual obligations--which cannot be canceled or modified
4-24 without substantial loss--for installation of the tank to be
4-25 completed within a reasonable time.
4-26 <(4)> (7) "Household <D>do-it-yourself (DIY) used oil"
4-27 means <used> oil that is <generated by a person who changes the
5-1 person's own automotive oil> derived from households, such as used
5-2 oil generated by individuals who generate used oil through the
5-3 maintenance of their personal vehicles and equipment.
5-4 (8) "Household do-it-yourselfer used oil generator"
5-5 means an individual who generates household do-it-yourselfer used
5-6 oil.
5-7 <(5) "Generator" means a person whose act or process
5-8 produces used oil.>
5-9 (9) "New tank" means a tank that will be used to store
5-10 or process used oil and for which installation has commenced after
5-11 the effective date of this statute.
5-12 (10) "Processing" means chemical or physical
5-13 operations designed to produce from used oil, or to make used oil
5-14 more amenable for production of, fuel oils, lubricants, or other
5-15 used oil-derived product. Processing includes, but is not limited
5-16 to: blending used oil with virgin petroleum products, blending
5-17 used oils to meet the fuel specification, filtration, simple
5-18 distillation, chemical or physical separation and rerefining.
5-19 <(8)> (11) "Recycling" means<:> a material which is
5-20 used, reused or reclaimed as described at 40 CFR 261.1(c).
5-21 <(A) preparing used oil for reuse as a petroleum
5-22 product by rerefining, reclaiming, or other means; or>
5-23 <(B) using used oil as a lubricant or petroleum
5-24 product instead of using a petroleum product made from new oil.>
5-25 (12) "Rerefining distillation bottoms" means the heavy
5-26 fraction produced by vacuum distillation of filtered and dehydrated
5-27 used oil. The composition of still bottoms varies with column
6-1 operation and feedstock.
6-2 (13) "Tank" means any stationary device, designed to
6-3 contain an accumulation of used oil which is constructed primarily
6-4 of non-earthen materials, (e.g., wood, concrete, steel, plastic)
6-5 which provides structural support.
6-6 (14) "Used oil" means any oil that has been refined
6-7 from crude oil, or any synthetic oil, that has been used and as a
6-8 result of such use is contaminated by physical or chemical
6-9 impurities.
6-10 (15) "Used oil aggregation point" means any site or
6-11 facility that accepts, aggregates, and/or stores used oil collected
6-12 only from other used oil generation sites owned or operated by the
6-13 owner or operator of the aggregation point, from which used oil is
6-14 transported to the aggregation point in shipments of no more than
6-15 55 gallons. Used oil aggregation points may also accept used oil
6-16 from household do-it-yourselfers.
6-17 (16) "Used oil burner" means a facility where used oil
6-18 not meeting the specification requirements in 40 CFR 279.11 is
6-19 burned for energy recovery in devices identified in 40 CFR
6-20 279.61(a).
6-21 <(6)> (17) "<Public u>Used oil collection center"
6-22 means<:>
6-23 <(A) an automotive service facility that in the
6-24 course of business accepts for recycling small quantities of used
6-25 oil from private citizens;>
6-26 <(B) a facility that stores used oil in
6-27 aboveground tanks and in the course of business accepts for
7-1 recycling small quantities of used oil from private citizens; and>
7-2 <(C) a publicly sponsored collection facility
7-3 that is designated and authorized by the department to accept for
7-4 recycling small quantities of used oil from private citizens.>
7-5 any site or facility that is registered by the commission to manage
7-6 used oil and accepts/aggregates and stores used oil collected from
7-7 used oil generators regulated under 40 CFR Part 279 Subpart C who
7-8 bring used oil to the collection center in shipments of no more
7-9 than 55 gallons under the provisions of 40 CFR 279.24. Used oil
7-10 collection centers may also accept used oil from household
7-11 do-it-yourselfers.
7-12 <(7) "Reclaiming" means using methods, other than
7-13 rerefining, to remove insoluble impurities from used oil and making
7-14 the used oil suitable for further use as a lubricant or petroleum
7-15 product. The term includes settling, heating, dehydration,
7-16 filtration, or centrifuging.>
7-17 <(9) "Rerefining" means applying refining processes to
7-18 used oil to produce high quality base stocks for lubricants or
7-19 other petroleum products.>
7-20 <(10) "Used oil" means any oil that has been refined
7-21 from crude oil or a synthetic oil that, as a result of use,
7-22 storage, or handling, has become unsuitable for its original
7-23 purpose because of impurities or the loss of original properties,
7-24 but that may be suitable for further use and is recyclable.>
7-25 (18) "Used oil fuel marketer" means any person who
7-26 conducts either of the following activities:
7-27 (A) Directs a shipment of off-specification used
8-1 oil from their facility to a used oil burner; or
8-2 (B) First claims that used oil that is to be
8-3 burned for energy recovery meets the used oil specifications set
8-4 forth in 40 CFR 279.11.
8-5 (19) "Used oil generator" means any person, by site,
8-6 whose act or process produces used oil or whose act first causes
8-7 used oil to become subject to regulation.
8-8 (20) "Used oil processor/re-refiner" means a facility
8-9 that processes used oil.
8-10 (21) "Used oil transfer facility" means any
8-11 transportation-related facility including loading docks, parking
8-12 areas, storage areas, and other areas where shipments of used oil
8-13 are held for more than 24 hours during the normal course of
8-14 transportation and not longer than 35 days. Transfer facilities
8-15 that store used oil for more than 35 days are subject to regulation
8-16 under 40 CFR Part 279 Subpart F.
8-17 (22) "Used oil transporter" means any person who
8-18 transports used oil, any person who collects used oil from more
8-19 than one generator and transports the collected oil, and owners and
8-20 operators of used oil transfer facilities. Used oil transporters
8-21 may consolidate or aggregate loads of used oil for purposes of
8-22 transportation but, with the following exception, may not process
8-23 used oil. Transporters may conduct incidental processing
8-24 operations that occur in the normal course of used oil
8-25 transportation (e.g., settling and water separation), but that are
8-26 not designed to produce (or make more amenable for production of)
8-27 used oil derived products or used oil fuel.
9-1 SUBCHAPTER B. USED OIL RECYCLING PROGRAM
9-2 Sec. 371.021. PUBLIC EDUCATION. The <department> commission
9-3 shall conduct an education program to inform the public of the need
9-4 for and benefits of the collection and recycling of used oil and
9-5 oil filters. The program shall:
9-6 (1) establish, maintain, and publicize a used oil
9-7 information center that prepares and disperses materials and
9-8 information explaining laws and rules regulating used oil and
9-9 informing the public of places and methods for proper recycling of
9-10 used oil;
9-11 (2) encourage the voluntary establishment of used oil
9-12 collection and recycling programs by private businesses and
9-13 organizations and by local governments and provide technical
9-14 assistance to persons who organize those programs; and
9-15 (3) encourage local governments to procure recycled
9-16 automotive and industrial oils and oils blended with recycled oils,
9-17 if those oils meet equipment manufacturer's specifications.
9-18 Sec. 371.0211. ADOPTION OF FEDERAL USED OIL MANAGEMENT
9-19 STANDARDS. The commission shall adopt by reference the federal
9-20 used oil management standards found at 40 CFR 279 and the used oil
9-21 filter rules found at 40 CFR 261.4(b)(13) no later than July 1,
9-22 1995. The adoption of the federal used oil management standards
9-23 and oil filter standards shall satisfy the provisions of 42 U.S.C.
9-24 Sec. 9614(c) not later than January 1, 2000.
9-25 Sec. 371.022. NOTICE BY RETAIL DEALER. A retail dealer who
9-26 annually sells directly to the public more than 500 gallons of oil
9-27 in containers for use off-premises shall post in a prominent place
10-1 a sign provided by the <department> commission informing the public
10-2 that improper disposal of used oil is prohibited by law. The sign
10-3 shall also prominently display the toll-free telephone number of
10-4 the state used oil information center established under Section
10-5 371.021 and applicable regulatory information about oil filters.
10-6 Sec. 371.023. GRANTS TO LOCAL GOVERNMENTS AND PRIVATE
10-7 ENTITIES. (a) The <department> commission shall develop a grant
10-8 program for local governments and private entities that encourages
10-9 the collection, reuse, and recycling of <DIY> household
10-10 do-it-yourselfer used oil.
10-11 (b) A grant may be <made for any project> approved by the
10-12 <department> commission<. The department shall consider for grant
10-13 assistance> for any <local government> project that uses one or
10-14 more of the following programs:
10-15 (1) curbside pickup of containers of <DIY> household
10-16 do-it-yourselfer used oil by a local government or its
10-17 representative;
10-18 (2) retrofitting of municipal solid waste equipment to
10-19 facilitate curbside pickup of <DIY> household do-it-yourselfer used
10-20 oil;
10-21 (3) establishment of publicly operated þLDIYää
10-22 do-it-yourselfer used oil collection centers at <landfills, fire
10-23 stations, or other public places> locations accessible to the
10-24 public such as: landfills, fire stations, retail stores, quick lube
10-25 centers, auto repair shops, etc.;
10-26 (4) provision of containers and other materials and
10-27 supplies that can be used to store <DIY> household
11-1 do-it-yourselfer used oil for pickup or delivery to a
11-2 do-it-yourselfer used oil collection center in an environmentally
11-3 sound manner; and
11-4 (5) any other activity the advisory committee
11-5 established in Subsection (e) (þLdepartment) (commissionää determines
11-6 will encourage the proper recycling of <DIY> household
11-7 do-it-yourselfer used oil.
11-8 (c) The <board> commission by rule shall establish
11-9 procedures for the application for and criteria for the award of
11-10 grants <under> pursuant to this section.
11-11 (d) The commission shall only make grants directly to a
11-12 do-it-yourselfer used oil collection center or a group of centers.
11-13 Grants made to entities which redistribute funds to
11-14 do-it-yourselfer used oil collection centers or other third parties
11-15 are prohibited.
11-16 (e) The commission shall appoint an advisory committee for
11-17 the used oil grant program. The advisory committee shall consist
11-18 of seven members who shall serve at the pleasure of the commission
11-19 and shall represent oil manufacturers, used oil collectors and
11-20 local governments. The advisory committee shall recommend criteria
11-21 for grant awards and shall recommend grant recipients to the
11-22 commission based on the used oil collection needs of the state.
11-23 Sec. 371.024. COLLECTION FACILITIES. (a) All businesses
11-24 <that change motor oil for the public> and <all appropriate>
11-25 government agencies are encouraged to serve as public
11-26 do-it-yourselfer used oil collection centers.
11-27 (b) A <public> do-it-yourselfer used oil collection center
12-1 annually shall:
12-2 (1) register with the <department> commission; and
12-3 (2) report to the <department> commission the amounts
12-4 of used oil collected by the center from the public.
12-5 (c) The <board> commission shall adopt rules governing the
12-6 registration of and reporting by <public> do-it-yourselfer used oil
12-7 collection centers.
12-8 (d) The <board> commission by rule shall adopt standards for
12-9 managing and operating a <public> do-it-yourselfer used oil
12-10 collection center.
12-11 (e) The <department> commission may impose a registration
12-12 fee in an amount sufficient to cover the actual cost of registering
12-13 <public> used oil collection centers. Private entities which serve
12-14 voluntarily as do-it-yourselfer used oil collection centers shall
12-15 be exempt from such registration fee.
12-16 Sec. 371.0245. REIMBURSEMENT OF DO-IT-YOURSELFER USED OIL
12-17 COLLECTION CENTER'S HAZARDOUS WASTE EXPENSE. (a) The commission,
12-18 on proper application, shall reimburse the owner or operator of an
12-19 eligible registered do-it-yourselfer used oil collection center for
12-20 costs associated with the collection center's disposal of:
12-21 (1) household do-it-yourself (DIY) used oil collected
12-22 by the collection center that, unknown to the center at the time of
12-23 collection, contains hazardous wastes or is unfit for recycling;
12-24 (2) household do-it-yourselfer used oil collected by
12-25 the collection center that has been commingled with DIY oils
12-26 described in Subdivision (1) and is unsuitable for recycling; or
12-27 (3) contaminated used oil left at the collection
13-1 center as used oil after posted business hours and without the
13-2 knowledge of the collection center.
13-3 (b) A registered <public> do-it-yourselfer used oil
13-4 collection center is eligible for reimbursement if it demonstrates
13-5 to the satisfaction of the commission that:
13-6 (1) the center has established procedures to minimize
13-7 the risk that the used oil which the center generates or collects
13-8 from the public will not be mixed with hazardous wastes by the
13-9 center, especially halogenated wastes;
13-10 (2) the center accepts not more than five gallons of
13-11 used oil from any person at any one time; and
13-12 (3) the center can document to the satisfaction of the
13-13 commission the volume of used oil the center collects from the
13-14 public during <a> any period or length of time under review by:
13-15 (A) providing a process by which all individuals
13-16 leaving do-it-yourself (DIY) used oil at the center are required to
13-17 <log> provide their names, addresses, and the approximate amounts
13-18 of used oil brought to the collection center <and ensuring that all
13-19 do-it-yourself (DIY) used oil collected is kept in a separate
13-20 sealed and labeled container placed on an impermeable surface>; or
13-21 (B) another method approved by the commission.
13-22 (c) For the purpose of Subsection (b)(2), the owner or
13-23 operator of a registered <public> household do-it-yourselfer used
13-24 oil collection center may presume that a quantity of not more than
13-25 five gallons of used oil collected from a member of the public is
13-26 not mixed with a hazardous substance, if the owner or operator acts
13-27 in good faith <and> in <the> its belief that the oil is generated
14-1 from the individual's personal activity.
14-2 (d) In any state fiscal year, a registered <public>
14-3 household do-it-yourselfer used oil collection center may not be
14-4 reimbursed for more than $5,000 in total eligible disposal costs as
14-5 described herein, subject to Section 371.0246(d).
14-6 (e) All reimbursements made under this section <may> shall
14-7 be paid out of the used oil recycling fund which shall not <to>
14-8 exceed an aggregate amount of $500,000 each fiscal year.
14-9 Sec. 371.0246. PROCEDURES FOR REIMBURSEMENT. (a) An owner
14-10 or operator of a registered <public> do-it-yourselfer used oil
14-11 collection center may apply for reimbursement from the commission.
14-12 (b) An application for reimbursement shall be <filed>
14-13 submitted on a form approved or provided by the commission.
14-14 (c) An application must contain:
14-15 (1) the name, address, and telephone number of the
14-16 applicant;
14-17 (2) the name, mailing address, location address, and
14-18 commission registration number of the registered <public>
14-19 do-it-yourselfer used oil collection center from which the
14-20 contaminated oil was removed;
14-21 (3) the name, address, telephone number, and
14-22 commission registration number of the hazardous waste transporter
14-23 used to dispose of the contaminated used oil;
14-24 (4) a copy of <the signed uniform hazardous waste
14-25 manifest> any manifest or shipping documents that accompanied the
14-26 transportation of the shipment of used oil;
14-27 (5) a copy of each invoice for which reimbursement is
15-1 requested and evidence that the amount shown on the invoice has
15-2 been paid in full, <which> and such evidence may be in the form of:
15-3 (A) canceled checks;
15-4 (B) business receipts from the person who
15-5 performed the work; or
15-6 (C) other documentation approved by the
15-7 commission;
15-8 (6) a waste-characterization or similar documentation
15-9 required before acceptance of a hazardous waste by the disposal
15-10 facility that accepted the contaminated used oil for treatment
15-11 and/or disposal; and
15-12 (7) any other information that the executive director
15-13 may reasonably require.
15-14 (d) All claims for reimbursement filed under this section
15-15 and Section 371.0245 are subject to the availability of <money>
15-16 disburseable funds in the used oil recycling fund, and to Section
15-17 371.0245(e). This subchapter <does> shall not create an
15-18 entitlement to money in the used oil recycling fund or any other
15-19 fund.
15-20 <Sec. 371.025. ><Limitation of Liability>
15-21 <(a) A person may not recover from the owner, operator, or
15-22 lessor of a registered public used oil collection center any
15-23 damages or costs of response actions at another location resulting
15-24 from a release or threatened release of used oil collected at the
15-25 center if:>
15-26 <(1) the owner, operator, or lessor of the collection
15-27 center does not mix the used oil collected with any hazardous waste
16-1 or polychlorinated biphenyls (PCBs);>
16-2 <(2) the owner, operator, or lessor of the collection
16-3 center does not accept used oil that the owner, operator, or lessor
16-4 knows contains hazardous waste or PCBs; and>
16-5 <(3) the collection center is in compliance with
16-6 management standards adopted by the department.>
16-7 <(b) For purposes of this section, the owner, operator, or
16-8 lessor of a public used oil collection center may presume that a
16-9 quantity of less than five gallons of used oil accepted at any one
16-10 time from any member of the public is not mixed with a hazardous
16-11 waste or PCBs, provided that the owner, operator, or lessor acts in
16-12 good faith.>
16-13 <(c) This section applies only to activities directly
16-14 related to the collection of used oil by a public used oil
16-15 collection center. This section does not apply to grossly
16-16 negligent activities related to the operation of a used oil
16-17 collection center.>
16-18 <(d) This section does not affect or modify the obligations
16-19 or liability of any person other than the owner, operator, or
16-20 lessor of the collection center under any other provisions of state
16-21 or federal law, including common law, for injury or damage
16-22 resulting from a release of used oil or hazardous substances.>
16-23 <(e) This section does not affect or modify the obligations
16-24 or liability of any owner, operator, or lessor of a collection
16-25 center with regard to services other than accepting used oil from
16-26 the public.>
16-27 Sec. 371.026. Registration of Persons Transporting,
17-1 Marketing, or Recycling Used Oil. <(a) A person who transports
17-2 over public highways of this state more than 500 gallons of used
17-3 oil annually, who markets more than 500 gallons of used oil
17-4 annually, or who recycles more than 10,000 gallons of used oil
17-5 annually shall register annually with the department on forms
17-6 prescribed by the department and in accordance with board rules.>
17-7 <(b) The department shall develop a registration program for
17-8 transporters, marketers, and recyclers of used oil.>
17-9 <(c)> (a) The <board> commission shall adopt rules governing
17-10 registration and reporting of used oil transporters, marketers, and
17-11 recyclers. The rules shall require that a used oil transporter,
17-12 marketer, or recycler:
17-13 (1) register annually with the <department>
17-14 commission;
17-15 (2) report annually the sources of used oil
17-16 transported, marketed, or recycled during the preceding year, the
17-17 quantity of used oil received, the date of receipt, and the
17-18 destination or end use of the used oil;
17-19 (3) provide evidence of familiarity with applicable
17-20 state laws and rules and management procedures applicable to used
17-21 oil transportation, marketing, or recycling; and
17-22 (4) provide proof of liability insurance or other
17-23 evidence of financial responsibility for any liability that may be
17-24 incurred in transporting, marketing, or recycling used oil.
17-25 <(d)> (b) The <board> commission by rule shall adopt
17-26 reasonable management and safety standards for the transportation,
17-27 marketing, and recycling of used oil.
18-1 <(e)> (c) The <department> commission may impose a
18-2 registration fee in an amount sufficient to cover the actual cost
18-3 of registering used oil transporters, marketers, and recyclers.
18-4 <(f) A utility or industrial generator of used oil that
18-5 transports its own used oil from one generator-owned or
18-6 generator-operated facility to another or that recycles its own
18-7 used oil for use in its operations is not required to register or
18-8 report under this section.>
18-9 Sec. 371.027. Gifts and Grants. The department may apply
18-10 for, request, solicit, contract for, receive, and accept gifts,
18-11 grants, donations, and other assistance from any source to carry
18-12 out its powers and duties under this chapter.
18-13 Sec. 371.028. Rules. <The board may adopt any rules
18-14 necessary to carry out the purposes of this chapter.> Not later
18-15 than July 1, 1995, the Texas Natural Resources Conservation
18-16 Commission shall adopt rules, standards, and procedures necessary
18-17 to implement the used oil recycling program established by Chapter
18-18 371, Health and Safety Code, subject to Section 371._____ herein.
18-19 SUBCHAPTER C. CERTAIN ACTIONS PROHIBITED; PENALTIES
18-20 Sec. 371.041. Actions Prohibited. (a) A person may not
18-21 collect, transport, store, recycle, use, discharge, or dispose of
18-22 used oil in any manner that endangers the public health or welfare
18-23 or endangers or damages the environment.
18-24 (b) A person commits an offense if the person:
18-25 (1) intentionally discharges used oil into a sewer,
18-26 drainage system, septic tank, surface water or groundwater,
18-27 watercourse, or marine water;
19-1 (2) knowingly mixes or commingles used oil with
19-2 <solid> waste that is to be disposed of in landfills <or directly
19-3 disposes of used oil on land or in landfills>;
19-4 <(3) intentionally mixes or commingles used oil with
19-5 hazardous waste or other hazardous substances or PCBs;>
19-6 <(4)> (3) transports, markets, or recycles used oil
19-7 within the state without first complying with the registration
19-8 requirements of Section 371.026 and rules adopted under that
19-9 section;
19-10 <(5)> (4) intentionally applies used oil to roads or
19-11 land for dust suppression, weed abatement, or other similar uses
19-12 that introduce used oil into the environment; or
19-13 <(6)> (5) violates an order of the <department>
19-14 commission to cease and desist any activity prohibited by this
19-15 section or any rule applicable to a prohibited activity.
19-16 (c) It is an exception to the application of Subsection (b)
19-17 if a person unknowingly disposes into <a landfill> the environment
19-18 any used oil that has not been properly segregated or separated by
19-19 the generator from other solid wastes.
19-20 (d) It is an exception to the application of Subsection
19-21 (b)(2) if the mixing or commingling of used oil with <solid> waste
19-22 that is to be disposed of in landfills is incident to and the
19-23 unavoidable result of the mechanical shredding of motor vehicles,
19-24 appliances, or other items of scrap, used, or obsolete metals.
19-25 (e) After January 1, 2000, it is an exception to the
19-26 application of subsection (b)(2) if the mixing or commingling of
19-27 used oil with solid waste is the result of an oil change which
20-1 results in the generation of a used oil filter as described at 40
20-2 CFR 261.4(b)(13).
20-3 Sec. 371.042. Criminal Penalties. (a) Except as provided
20-4 by Subsection (b), an offense under Section 371.041 is a Class C
20-5 misdemeanor.
20-6 (b) If it is shown on the trial of an offense under Section
20-7 371.041 that the defendant has previously been convicted of an
20-8 offense under Section 371.041, the offense is a Class A
20-9 misdemeanor.
20-10 Sec. 371.043. Civil Penalty. (a) Except as provided by
20-11 Subsection (c), a person who violates this chapter or a rule or
20-12 order adopted under this chapter is liable for a civil penalty of
20-13 not less than $100 or more than $500 for each act of violation and
20-14 for each day of violation.
20-15 (b) A civil penalty recovered in a suit brought by a local
20-16 government under this section shall be divided equally between the
20-17 state and the local government that brought the suit. The state
20-18 shall deposit its recovery to the credit of the used oil recycling
20-19 fund.
20-20 (c) The penalty imposed by this section does not apply to
20-21 failure to pay a fee under Section 371.062 or failure to file a
20-22 report under Section 371.024 or 371.026.
20-23 (d) The <department> commission, a local government in whose
20-24 jurisdiction the violation occurs, or the state may bring suit to
20-25 recover a penalty under this section.
20-26 Sec. 371.044. Injunctive Relief. (a) If it appears that a
20-27 violation or threat of violation of this chapter or any rule or
21-1 order adopted under this chapter has occurred or is about to occur
21-2 and is causing or may cause immediate injury or constitutes a
21-3 significant threat to the health, welfare, or personal property of
21-4 a citizen or a local government, the department, to local
21-5 government, or the state may bring suit in district court for
21-6 injunctive relief to restrain the violation or the threat of
21-7 violation.
21-8 (b) In a suit for injunctive relief, the court may grant any
21-9 injunctive or mandatory relief warranted by the facts, including a
21-10 temporary restraining order, a temporary injunction, or a permanent
21-11 injunction. Injunctive relief shall be granted without the
21-12 requirement for a bond or other undertaking by any governmental
21-13 entity seeking the injunction.
21-14 Sec. 371.045. Venue. A suit for injunctive relief, for
21-15 recovery of a civil penalty, or both, may be brought in:
21-16 (1) the county in which the defendant resides;
21-17 (2) the county in which the violation or threat of
21-18 violation occurs; or
21-19 (3) Travis County.
21-20 SUBCHAPTER D. USED OIL RECYCLING FUND; FEES
21-21 Sec. 371.061. Used Oil Recycling Fund. (a) The used oil
21-22 recycling fund is in the state treasury.
21-23 (b) The fund consists of:
21-24 (1) fees collected under Sections 371.024, 371.026,
21-25 and 371.062;
21-26 (2) interest and penalties imposed under this chapter
21-27 for late payment of fees, failure to file a report, or other
22-1 violations of this chapter; and
22-2 (3) gifts, grants, donations, or other financial
22-3 assistance the <department> commission is authorized to receive
22-4 under Section 371.027.
22-5 (c) Except as provided by Subsection (d), the <department>
22-6 commission may use money in the fund only for purposes authorized
22-7 by this chapter, including:
22-8 (1) public education;
22-9 (2) grants to public and private do-it-yourselfer used
22-10 oil collection centers;
22-11 (3) registration of do-it-yourselfer used oil
22-12 collection centers, used oil transporters, used oil marketers, and
22-13 used oil recyclers; and
22-14 (4) administrative costs of implementing this chapter
22-15 not to exceed six percent of the fund balance in any fiscal year.
22-16 (d) The <department> commission shall transfer 25 percent of
22-17 the fees collected under Section 371.062 to the <Texas Water
22-18 Commission> ___________________ for the sole purpose of restoring
22-19 the environmental quality of those sites in the state that the
22-20 commission has identified as having been contaminated through
22-21 improper used oil management and for which other funds from a
22-22 potentially responsible party or the federal government are not
22-23 sufficient. This subsection expires on January 1, 1998.
22-24 (e) The fund is exempt from the application of Sections
22-25 403.094(h) and 403.095<,> of the Government Code.
22-26 Sec. 371.062. Fee on Sale of Automotive Oil. (a) In this
22-27 section:
23-1 (1) "First sale" means the first actual sale of
23-2 automotive oil delivered to a location in this state and sold to a
23-3 purchaser who is not an automotive oil manufacturer. The term does
23-4 not include the sale of automotive oil exported from this state to
23-5 a location outside this state for the purpose of sale or use
23-6 outside this state. This term does not include sales of automotive
23-7 oils for resale to or use by vessels exclusively engaged in foreign
23-8 or interstate commerce. The term also does not include the sales
23-9 of automotive oil to any subsequent purchaser who maintains a
23-10 do-it-yourselfer used oil collection center registered by the
23-11 commission at the location where the automotive oil is changed,
23-12 used, consumed or resold to do-it-yourselfers. The term does not
23-13 include the sales of automotive oil to the United States government
23-14 or its instrumentalities. The term does not include the sales of
23-15 automotive oil to a permitted distributor.
23-16 (2) "Importer" means any person who imports or causes
23-17 to be imported automotive oil into this state for sale, use, or
23-18 consumption.
23-19 (3) "Oil manufacturer" means any person or entity that
23-20 formulates automotive oil and packages, distributes, or sells that
23-21 automotive oil. The term includes any person packaging or
23-22 repackaging automotive oil.
23-23 (4) "Permitted distributor" means a distributor who
23-24 maintains a distribution center or warehouse in this state and
23-25 exports from this state to a location outside this state more than
23-26 25,000 gallons of automotive oil on an annual basis.
23-27 (A) A permitted distributor shall file an
24-1 application with the comptroller for a nonassignable permit
24-2 provided for in this section.
24-3 (B) The comptroller shall promulgate the
24-4 application form, which must contain the following information:
24-5 (i) the name under which the applicant
24-6 transacts or intends to transact business;
24-7 (ii) the location of distribution
24-8 center(s) or warehouse(s) in Texas of the applicant;
24-9 (iii) if the applicant is not an
24-10 individual, the names of the principal officers of an applicant
24-11 corporation, or the names of the members of an applicant
24-12 partnership, and the office, street, or post office addresses of
24-13 each; and
24-14 (iv) other information required by the
24-15 comptroller.
24-16 (C) The comptroller may deny or revoke a permit
24-17 if false information is submitted on the application or on a
24-18 required fuels tax report or supplement.
24-19 (b) An oil manufacturer or permitted distributor who makes a
24-20 first sale of automotive oil is liable for a fee.
24-21 (c) An oil importer who imports or causes to be imported
24-22 automotive oil is liable for the fee at the time the oil is
24-23 received.
24-24 (d) An oil distributor or retailer who exports from this
24-25 state to a location outside this state oil on which the automotive
24-26 oil fee has been paid may request from his supplier a refund or
24-27 credit of the fee paid on the exported oil. The supplier or oil
25-1 manufacturer and the importer may in turn request a refund of the
25-2 fee paid to the comptroller. The amount of refund that may be
25-3 claimed under this section may equal but not exceed the amount of
25-4 the fee paid on the automotive oil.
25-5 (e) An oil manufacturer, importer, distributor, or retailer
25-6 who makes a sale to a vessel or a sale for resale to a vessel of
25-7 automotive oil on which the automotive oil fee has been paid may
25-8 file with the comptroller a request for refund of the fee paid on
25-9 the oil or, where applicable, may request a refund or credit from
25-10 the supplier to whom the fee was paid. The supplier may in turn
25-11 request a refund from the comptroller. The amount of refund that
25-12 may be claimed under this section may equal but not exceed the
25-13 amount of the fee paid on the automotive oil.
25-14 (f) Each oil manufacturer, permitted distributor or
25-15 importer required to pay a fee under this section shall:
25-16 (1) prepare and maintain, on a form provided or
25-17 approved by the comptroller, a report of each first sale or, in the
25-18 case of an importer, the first receipt in Texas of automotive oil
25-19 by the person and the price received;
25-20 (2) retain the invoice or a copy of the invoice or
25-21 other appropriate record of the sale or receipt for four years from
25-22 the date of sale or receipt; and
25-23 (3) on or before the 25th day of the month following
25-24 the end of each calendar quarter, file a report with the
25-25 comptroller and remit to the comptroller the amount of fees
25-26 required to be paid for the preceding quarter.
25-27 (g) Records required to be maintained under Subsection (f)
26-1 shall be available for inspection by the comptroller at all
26-2 reasonable times.
26-3 (h) The comptroller shall adopt rules necessary for the
26-4 administration, collection, reporting, and payment of the fees
26-5 payable or collected under this section.
26-6 (i) Except as provided by this section, Chapters 101 and 111
26-7 through 113, Tax Code, apply to the administration, payment,
26-8 collection, and enforcement of fees under this section in the same
26-9 manner that those chapters apply to the administration, payment,
26-10 collection, and enforcement of taxes under Title 2, Tax Code.
26-11 (j) The fee imposed under this section is <two> one cent<s>
26-12 per quart or <eight> four cents per gallon of automotive oil. <The
26-13 department shall monitor the unobligated balance of the used oil
26-14 recycling fund and shall adjust the fee rate to meet expenditure
26-15 requirements of the used oil recycling program and to maintain an
26-16 appropriate fund balance. The fee imposed under this section may
26-17 not exceed five cents per quart or 20 cents per gallon of
26-18 automotive oil. On or before September 1 of each year, the
26-19 department commission and the comptroller jointly shall issue
26-20 notice of the effective fee rate for the next fiscal year.>
26-21 (k) A person required to pay a fee under this section may
26-22 retain one percent of the amount of the fees due from each
26-23 quarterly payment as reimbursement for administrative costs.
26-24 (l) The comptroller may deduct a percentage of the fees
26-25 collected under this section in an amount sufficient to pay the
26-26 reasonable and necessary costs of administering and enforcing this
26-27 section. The comptroller shall credit the amount deducted to the
27-1 general revenue fund. The balance of fees and all penalties and
27-2 interest collected under this section shall be deposited to the
27-3 credit of the used oil recycling fund.
27-4 (m) The automotive oil fee established under this section
27-5 shall expire on January 1, 2000.
27-6 Sec. 371.061. ANNUAL REPORTING REQUIREMENT. The commission
27-7 shall monitor the balance of the used oil recycling fund and shall
27-8 provide a detailed report of all income, expenditures, and programs
27-9 funded to the Texas Legislature on an annual basis.
27-10 SECTION 2. This Act takes effect September 1, 1995. The
27-11 change in the fee imposed under Section 371.060(k), Health and
27-12 Safety Code, as amended by this Act, applies beginning January 1,
27-13 1996. Fees collected before that date are governed by the prior
27-14 law, which is continued in effect for that purpose.
27-15 SECTION 3. The importance of this legislation and the
27-16 crowded condition of the calendars in both houses create an
27-17 emergency and an imperative public necessity that the
27-18 constitutional rule requiring bills to be read on three several
27-19 days in each house be suspended, and this rule is hereby suspended,
27-20 and that this Act take effect and be in force from and after its
27-21 passage, and it is so enacted.