By: Nixon, Madla S.B. No. 1683
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the collection, management, and recycling of used oil
1-2 and used oil filters; providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 371.001, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 371.001. SHORT TITLE. This chapter may be cited as the
1-7 Texas Used Oil Collection, Management, and Recycling Act.
1-8 SECTION 2. Section 371.002, Health and Safety Code, is
1-9 amended to read as follows:
1-10 Sec. 371.002. FINDINGS. The legislature finds that:
1-11 (1) when properly managed and recycled, used oil is a
1-12 valuable energy resource<, the reuse of which may make a
1-13 significant contribution toward energy efficiency and
1-14 conservation>;
1-15 (2) used oil can be recycled into a number of
1-16 different products;
1-17 (3) improper disposal of used oil is a significant
1-18 environmental problem and a waste of a potentially valuable energy
1-19 resource;
1-20 (4) there is a need for an expanded statewide network
1-21 of used oil collection sites for private citizens who change their
1-22 own motor oil;
1-23 (5) the private sector, with incentives, is best
1-24 equipped to establish and operate used oil collection centers that
2-1 are convenient for the public;
2-2 (6) the need for publicly operated used oil collection
2-3 centers should diminish over time, and the need for publicly
2-4 operated used oil collection centers is greatest in more sparsely
2-5 populated areas of the state;
2-6 (7) the United States Environmental Protection Agency
2-7 has issued final regulations that properly classify and regulate
2-8 used oil and used oil filters in accordance with the Resource
2-9 Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et
2-10 seq.);
2-11 (8) the current used oil and used oil filter program
2-12 in this state imposes more stringent management requirements than
2-13 the regulations of the United States Environmental Protection
2-14 Agency;
2-15 (9) limited public money is needed to finance public
2-16 and private infrastructure investments to collect, manage, and
2-17 recycle used motor oil; and
2-18 (10) the used oil management standards in 40 C.F.R.
2-19 Part 279 establish a balanced approach to the objectives of
2-20 preserving a valuable resource and protecting the natural
2-21 environment <recycling used oil to produce fuel requires
2-22 significantly less energy than is needed to refine crude oil into
2-23 fuel;>
2-24 <(3) millions of gallons of used oil generated each
2-25 year by private citizens in the state are not available for
2-26 recycling because of improper disposal practices and the lack of
2-27 collection facilities;>
3-1 <(4) although there is a reliable system for the
3-2 collection and recycling of used oil generated by business and
3-3 industry, private citizens have only limited access to that system
3-4 and often dispose of their used oil on land or in landfills,
3-5 sewers, drainage systems, septic tanks, surface waters or
3-6 groundwaters, watercourses, or marine waters;>
3-7 <(5) improper disposal of this used oil is both a
3-8 significant environmental problem and a waste of a valuable energy
3-9 resource; and>
3-10 <(6) adequate public funds are required to provide for
3-11 the proper collection, management, and recycling of used oil>.
3-12 SECTION 3. Subchapter A, Chapter 371, Health and Safety
3-13 Code, is amended by adding Section 371.0025 to read as follows:
3-14 Sec. 371.0025. PURPOSE AND SCOPE. (a) The purposes of this
3-15 chapter are to:
3-16 (1) ensure that this state's used oil program is
3-17 consistent with and no more stringent than the federal program for
3-18 the management of used oil under 40 C.F.R. Part 279 unless
3-19 otherwise required by state or federal law; and
3-20 (2) establish a program to promote public and private
3-21 used oil and do-it-yourselfer used oil collection centers.
3-22 (b) This chapter does not apply to used oil:
3-23 (1) generated in connection with activities regulated
3-24 by the Railroad Commission of Texas under Chapter 91 or 141,
3-25 Natural Resources Code, or Chapter 27, Water Code;
3-26 (2) exempted under 40 C.F.R. Section 279.10(g) by
3-27 reason of having been introduced into crude oil pipelines or being
4-1 processed at a petroleum refining facility; or
4-2 (3) generated through other activities exempted under
4-3 40 C.F.R. Parts 271 and 279.
4-4 (c) This chapter does not apply to a used oil filter
4-5 generated in connection with activities regulated by the Railroad
4-6 Commission of Texas under Chapter 91 or 141, Natural Resources
4-7 Code, or Chapter 27, Water Code.
4-8 SECTION 4. Section 371.003, Health and Safety Code, is
4-9 amended to read as follows:
4-10 Sec. 371.003. DEFINITIONS. In this chapter:
4-11 (1) "Aboveground tank" means a tank used to store or
4-12 process used oil that is not an underground storage tank as defined
4-13 by 40 C.F.R. Section 280.12.
4-14 (2) "Automotive oil" means any lubricating oils
4-15 intended for use in an internal combustion engine, crankcase,
4-16 transmission, gear box, or differential for an automobile, bus, or
4-17 truck. The term includes oil that is not labeled specifically for
4-18 that use but is suitable for that use according to generally
4-19 accepted industry specifications.
4-20 (3) "Commission" <(2) "Board" means the Texas Natural
4-21 Resource Conservation Commission.>
4-22 <(3) "Department"> means the Texas Natural Resource
4-23 Conservation Commission.
4-24 (4) "Container" means a portable device in which a
4-25 material is stored, transported, treated, disposed of, or otherwise
4-26 handled.
4-27 (5) "Do-it-yourselfer used oil collection center"
5-1 means a site or facility that accepts or aggregates and stores used
5-2 oil collected only from household do-it-yourselfers.
5-3 (6) "Existing tank" means a tank that is used for the
5-4 storage or processing of used oil and that as of September 1, 1995,
5-5 is in operation or is being installed. A tank is being installed
5-6 if the owner or operator has obtained all necessary federal, state,
5-7 and local approvals or permits and:
5-8 (A) a continuous on-site installation program
5-9 has begun; or
5-10 (B) the owner or operator has entered into
5-11 contractual obligations for installation of the tank to be
5-12 completed within a reasonable time and the obligations cannot be
5-13 cancelled or modified without substantial loss.
5-14 (7) "Household do-it-yourselfer <(4) "Do-it-yourself>
5-15 (DIY) used oil" means <used> oil that is derived from a household,
5-16 including used oil generated by an individual through the
5-17 maintenance of the individual's personal vehicle or equipment
5-18 <generated by a person who changes the person's own automotive
5-19 oil>.
5-20 (8) "Household do-it-yourselfer used oil generator"
5-21 means an individual who generates household do-it-yourselfer
5-22 <(5) "Generator" means a person whose act or process produces>
5-23 used oil.
5-24 (9) "New tank" means a tank for the storage or
5-25 processing of used oil the construction of which begins on or after
5-26 September 1, 1995.
5-27 (10) "Petroleum refining facility" means an
6-1 establishment primarily engaged in producing gasoline, kerosene,
6-2 distillate fuel oils, residual fuel oils, and lubricants through
6-3 fractionation, straight distillation of crude oil, redistillation
6-4 of unfinished petroleum derivatives, cracking, or other processes.
6-5 (11) "Processing" means chemical or physical
6-6 operations designed to produce from used oil, or to make used oil
6-7 more amenable for production of, fuel oils, lubricants, or other
6-8 used-oil-derived products, including blending used oil with virgin
6-9 petroleum products, blending used oils to meet fuel specifications,
6-10 filtration, simple distillation, chemical or physical separation,
6-11 and rerefining <(6) "Public used oil collection center" means:>
6-12 <(A) an automotive service facility that in the
6-13 course of business accepts for recycling small quantities of used
6-14 oil from private citizens;>
6-15 <(B) a facility that stores used oil in
6-16 aboveground tanks and in the course of business accepts for
6-17 recycling small quantities of used oil from private citizens; and>
6-18 <(C) a publicly sponsored collection facility
6-19 that is designated and authorized by the department to accept for
6-20 recycling small quantities of used oil from private citizens>.
6-21 (12) <(7)> "Reclaiming" means processing material to
6-22 recover a usable product or regenerating material, including
6-23 recovering lead from a spent battery and regenerating spent
6-24 solvents <using methods, other than rerefining, to remove insoluble
6-25 impurities from used oil and making the used oil suitable for
6-26 further use as a lubricant or petroleum product. The term includes
6-27 settling, heating, dehydration, filtration, or centrifuging>.
7-1 (13) <(8)> "Recycling" means:
7-2 (A) preparing used oil for reuse as a petroleum
7-3 product by rerefining, reclaiming, or other means; <or>
7-4 (B) using used oil as a lubricant or petroleum
7-5 product instead of using a petroleum product made from new oil; or
7-6 (C) burning used oil for energy recovery.
7-7 (14) <(9)> "Rerefining" means applying <refining>
7-8 processes to material composed primarily of used oil to produce
7-9 high-quality base stocks for lubricants or other petroleum
7-10 products, including settling, filtering, catalytic conversion,
7-11 fractional/vacuum distillation, hydrotreating, or polishing.
7-12 (15) "Rerefining distillation bottoms" means the heavy
7-13 fraction of filtered and dehydrated used oil produced by vacuum
7-14 distillation. The composition of still bottoms varies with column
7-15 operation and feedstock.
7-16 (16) "Tank" means a stationary device designed to
7-17 contain an accumulation of used oil that is constructed primarily
7-18 of nonearthen materials that provide structural support, including
7-19 wood, concrete, steel, and plastic.
7-20 (17) <(10)> "Used oil" means <any> oil that has been
7-21 refined from crude oil, or <a> synthetic oil, that as a result of
7-22 use has been contaminated by physical or chemical impurities<, as a
7-23 result of use, storage, or handling, has become unsuitable for its
7-24 original purpose because of impurities or the loss of original
7-25 properties, but that may be suitable for further use and is
7-26 recyclable>.
7-27 (18) "Used oil aggregation point" means a site or
8-1 facility that accepts, aggregates, or stores used oil collected
8-2 from:
8-3 (A) used oil generation sites owned or operated
8-4 by the owner or operator of the used oil aggregation point and
8-5 transported to the used oil aggregation point in shipments of not
8-6 more than 55 gallons; or
8-7 (B) household do-it-yourselfers.
8-8 (19) "Used oil burner" means a facility in which used
8-9 oil not meeting the specifications in 40 C.F.R. Section 279.11 is
8-10 burned for energy recovery in a device listed in 40 C.F.R. Section
8-11 279.61(a).
8-12 (20) "Used oil collection center" means a site or
8-13 facility that is registered by the commission to manage used oil
8-14 and that accepts, aggregates, or stores used oil collected from:
8-15 (A) used oil generators regulated under 40
8-16 C.F.R. Part 279, Subpart C, who transport used oil to the used oil
8-17 collection center in shipments of not more than 55 gallons under 40
8-18 C.F.R. Section 279.24; or
8-19 (B) household do-it-yourselfers.
8-20 (21) "Used oil filter" means a non-terne-plated oil
8-21 filter that as a result of its use, storage, or handling has become
8-22 contaminated by physical or chemical impurities and has been
8-23 removed from service. The term does not include a used oil filter:
8-24 (A) that remains with an engine block that is
8-25 recycled, as defined by Section 361.421; or
8-26 (B) diverted for recycling, as defined by
8-27 Section 361.421, that has been processed:
9-1 (i) by draining and compressing with a
9-2 force sufficient to remove 80 percent of the oil weight remaining
9-3 in the filter;
9-4 (ii) by separating, including dismantling,
9-5 shredding, or any other acceptable procedure that separates the
9-6 whole filter into its components;
9-7 (iii) in accordance with a standard
9-8 approved in writing by the executive director of the commission; or
9-9 (iv) in accordance with the requirements
9-10 of 40 C.F.R. Section 261.4(b)(13).
9-11 (22) "Used oil fuel marketer" means a person who:
9-12 (A) directs a shipment of used oil not meeting
9-13 the specifications in 40 C.F.R. Section 279.11 from the person's
9-14 facility to a used oil burner; or
9-15 (B) first claims that used oil to be burned for
9-16 energy recovery meets the used oil specifications in 40 C.F.R.
9-17 Section 279.11.
9-18 (23) "Used oil generator" means a person, by site,
9-19 whose act or process:
9-20 (A) produces used oil; or
9-21 (B) first causes used oil to become subject to
9-22 regulation.
9-23 (24) "Used oil processor or rerefiner" means a
9-24 facility that processes used oil.
9-25 (25) "Used oil transfer facility" means a
9-26 transportation-related facility, including a loading dock, parking
9-27 area, storage area, or other area, where shipments of used oil are
10-1 held for more than 24 hours and not more than 35 days during the
10-2 normal course of transportation or before an activity performed
10-3 under 40 C.F.R. Section 279.20(b)(2) takes place. Transfer
10-4 facilities that store used oil for more than 35 days are subject to
10-5 regulation under 40 C.F.R. Part 279, Subpart F.
10-6 (26) "Used oil transporter" means a person who:
10-7 (A) collects used oil from more than one
10-8 generator and transports the collected used oil;
10-9 (B) transports used oil; or
10-10 (C) owns or operates a used oil transfer
10-11 facility.
10-12 SECTION 5. Subchapter B, Chapter 371, Health and Safety
10-13 Code, is amended to read as follows:
10-14 SUBCHAPTER B. USED OIL RECYCLING PROGRAM
10-15 Sec. 371.021. PUBLIC EDUCATION. The commission <department>
10-16 shall conduct an education program to inform the public of the need
10-17 for and benefits of the collection and recycling of used oil and
10-18 used oil filters. The program shall:
10-19 (1) establish, maintain, and publicize a used oil
10-20 information center that prepares and disperses materials and
10-21 information explaining laws and rules regulating used oil and
10-22 informing the public of places and methods for proper recycling of
10-23 used oil;
10-24 (2) encourage the voluntary establishment of used oil
10-25 collection and recycling programs by private businesses and
10-26 organizations and by local governments and provide technical
10-27 assistance to persons who organize those programs; and
11-1 (3) encourage local governments to procure recycled
11-2 automotive and industrial oils and oils blended with recycled oils,
11-3 if those oils meet equipment manufacturer's specifications.
11-4 Sec. 371.022. NOTICE BY RETAIL DEALER. A retail dealer who
11-5 annually sells directly to the public more than 500 gallons of oil
11-6 in containers for use off-premises shall post in a prominent place
11-7 a sign provided by the commission:
11-8 (1) <department> informing the public that improper
11-9 disposal of used oil is prohibited by law;
11-10 (2) containing instructions for disposal of used oil
11-11 filters; and
11-12 (3) <. The sign shall also> prominently displaying
11-13 <display> the toll-free telephone number of the state used oil
11-14 information center established under Section 371.021.
11-15 Sec. 371.023. GRANTS TO LOCAL GOVERNMENTS AND PRIVATE
11-16 ENTITIES. (a) The commission <department> shall develop a grant
11-17 program for local governments and private entities that encourages
11-18 the collection, reuse, and recycling of household do-it-yourselfer
11-19 (DIY) used oil.
11-20 (b) The commission may approve a <A> grant <may be made> for
11-21 any project <approved by the department. The department shall
11-22 consider for grant assistance any local government project> that
11-23 uses one or more of the following programs:
11-24 (1) curbside pickup of containers of household
11-25 do-it-yourselfer (DIY) used oil by a local government or its
11-26 representative;
11-27 (2) retrofitting of municipal solid waste equipment to
12-1 facilitate curbside pickup of household do-it-yourselfer (DIY) used
12-2 oil;
12-3 (3) establishment of do-it-yourselfer <publicly
12-4 operated DIY> used oil collection centers at locations accessible
12-5 to the public, including landfills, fire stations, retail stores,
12-6 quick lubrication centers, and automobile repair shops <or other
12-7 public places>;
12-8 (4) provision of containers and other materials and
12-9 supplies that can be used to store household do-it-yourselfer (DIY)
12-10 used oil for pickup or delivery to a do-it-yourselfer used oil
12-11 collection center in an environmentally sound manner; and
12-12 (5) any other activity the advisory committee
12-13 established under Subsection (e) <department> determines will
12-14 encourage the proper recycling of household do-it-yourselfer (DIY)
12-15 used oil.
12-16 (c) The commission shall appoint an advisory committee for
12-17 the used oil grant program. The advisory committee consists of
12-18 nine members who serve at the pleasure of the commission and
12-19 represent oil manufacturers as defined by Section 371.062, used oil
12-20 collection centers, and local governments. The advisory committee
12-21 shall recommend criteria for grants and guidelines for allowable
12-22 administrative expenditures and shall recommend grant recipients to
12-23 the commission based on the used oil collection needs of this
12-24 state. The advisory committee members serve without compensation
12-25 and are not entitled to reimbursement for expenses incurred in the
12-26 performance of their duties.
12-27 (d) The commission <board> by rule shall establish
13-1 procedures for the application for and criteria for the award of
13-2 grants under this section. The commission by rule shall adopt
13-3 guidelines for allowable administrative expenditures in accordance
13-4 with guidelines established by the advisory committee.
13-5 Sec. 371.024. COLLECTION FACILITIES. (a) All appropriate
13-6 businesses <that change motor oil for the public> and <all
13-7 appropriate> government agencies are encouraged to serve as
13-8 do-it-yourselfer <public> used oil collection centers and used oil
13-9 collection centers.
13-10 (b) A do-it-yourselfer <public> used oil collection center
13-11 and a used oil collection center <annually> shall:
13-12 (1) register biennially with the commission
13-13 <department>; and
13-14 (2) report annually to the commission <department> the
13-15 amounts of used oil collected by the center from the public.
13-16 (c) The commission <board> shall adopt rules governing the
13-17 registration of and reporting by do-it-yourselfer <public> used oil
13-18 collection centers and used oil collection centers.
13-19 (d) The commission <board> by rule shall adopt standards for
13-20 managing and operating a do-it-yourselfer <public> used oil
13-21 collection center or a used oil collection center.
13-22 (e) The commission <department> may impose a registration
13-23 fee in an amount sufficient to cover the actual cost of registering
13-24 do-it-yourselfer <public> used oil collection centers and used oil
13-25 collection centers. A private entity that serves voluntarily as a
13-26 do-it-yourselfer used oil collection center is exempt from the
13-27 registration fee.
14-1 Sec. 371.0245. REIMBURSEMENT OF USED OIL COLLECTION CENTER'S
14-2 HAZARDOUS WASTE EXPENSE <CENTER>. (a) The commission, on proper
14-3 application, shall reimburse the owner or operator of an eligible
14-4 registered do-it-yourselfer <public> used oil collection center or
14-5 a used oil collection center for costs associated with the
14-6 collection center's disposal of:
14-7 (1) household do-it-yourselfer <do-it-yourself> (DIY)
14-8 used oil collected by the collection center that, unknown to the
14-9 center at the time of collection, contains hazardous wastes or is
14-10 unfit for recycling;
14-11 (2) household do-it-yourselfer (DIY) used oil
14-12 collected by the collection center that has been commingled with
14-13 DIY oils described in Subdivision (1) and is unsuitable for
14-14 recycling; or
14-15 (3) contaminated used oil left at the collection
14-16 center as used oil after posted business hours and without the
14-17 knowledge of the collection center.
14-18 (b) A registered used oil or do-it-yourselfer <public> used
14-19 oil collection center is eligible for reimbursement if it
14-20 demonstrates to the satisfaction of the commission that:
14-21 (1) the center has established procedures to minimize
14-22 the risk that the center will mix the used oil the center generates
14-23 or collects from the public <will not be mixed> with hazardous
14-24 wastes, especially halogenated wastes;
14-25 (2) the center accepts not more than five gallons of
14-26 used oil from any person at any one time; and
14-27 (3) the center can document to the satisfaction of the
15-1 commission the volume of used oil the center collects from the
15-2 public during any <a> period under review by:
15-3 (A) providing a process by which all individuals
15-4 leaving household do-it-yourselfer <do-it-yourself> (DIY) used oil
15-5 at the center are required to provide <log> their names, addresses,
15-6 and the approximate amounts of used oil brought to the collection
15-7 center <and ensuring that all do-it-yourself (DIY) used oil
15-8 collected is kept in a separate sealed and labeled container placed
15-9 on an impermeable surface>; or
15-10 (B) another method approved by the commission.
15-11 (c) For the purpose of Subsection (b)(2), the owner or
15-12 operator of a registered used oil or do-it-yourselfer <public> used
15-13 oil collection center may presume that a quantity of not more than
15-14 five gallons of used oil collected from a member of the public is
15-15 not mixed with a hazardous substance<,> if the owner or operator
15-16 acts in good faith <and> in the belief the oil is generated from
15-17 the individual's personal activity.
15-18 (d) In any state fiscal year, a registered used oil or
15-19 do-it-yourselfer <public> used oil collection center may not be
15-20 reimbursed for more than $7,500 <$5,000> in total eligible disposal
15-21 costs, subject to Section 371.0246(d).
15-22 (e) Reimbursements <A reimbursement> made under this section
15-23 shall <may> be paid out of the used oil recycling fund and may not
15-24 <to> exceed an aggregate amount of $500,000 each fiscal year.
15-25 Sec. 371.0246. Procedures for Reimbursement. (a) An owner
15-26 or operator of a registered used oil or do-it-yourselfer <public>
15-27 used oil collection center may apply for reimbursement from the
16-1 commission.
16-2 (b) An application for reimbursement shall be submitted
16-3 <filed> on a form approved or provided by the commission.
16-4 (c) An application must contain:
16-5 (1) the name, address, and telephone number of the
16-6 applicant;
16-7 (2) the name, mailing address, location address, and
16-8 commission registration number of the registered do-it-yourselfer
16-9 <public> used oil collection center from which the contaminated oil
16-10 was removed;
16-11 (3) the name, address, telephone number, and
16-12 commission registration number of the hazardous waste transporter
16-13 used to dispose of the contaminated used oil;
16-14 (4) a copy of any <the signed uniform hazardous waste>
16-15 manifest or shipping documents that accompanied the transportation
16-16 of the shipment of used oil;
16-17 (5) a copy of each invoice for which reimbursement is
16-18 requested and evidence that the amount shown on the invoice has
16-19 been paid in full<, which may be> in the form of:
16-20 (A) canceled checks;
16-21 (B) business receipts from the person who
16-22 performed the work; or
16-23 (C) other documentation approved by the
16-24 commission;
16-25 (6) a waste-characterization or similar documentation
16-26 required before acceptance of a hazardous waste by the disposal
16-27 facility that accepted the contaminated used oil for treatment or
17-1 disposal; and
17-2 (7) any other information that the executive director
17-3 may reasonably require.
17-4 (d) All claims for reimbursement filed under this section
17-5 and Section 371.0245 are subject to funds available for
17-6 disbursement <the availability of money> in the used oil recycling
17-7 fund and to Section 371.0245(e). This subchapter does not create
17-8 an entitlement to money in the used oil recycling fund or any other
17-9 fund.
17-10 Sec. 371.025. Limitation of Liability. (a) A person may
17-11 not recover from the owner, operator, or lessor of a registered
17-12 do-it-yourselfer <public> used oil collection center any damages or
17-13 costs of response actions at another location resulting from a
17-14 release or threatened release of used oil collected at the center
17-15 if:
17-16 (1) the owner, operator, or lessor of the collection
17-17 center does not mix the used oil collected with any hazardous waste
17-18 or polychlorinated biphenyls (PCBs);
17-19 (2) the owner, operator, or lessor of the collection
17-20 center does not accept used oil that the owner, operator, or lessor
17-21 knows contains hazardous waste or PCBs; and
17-22 (3) the collection center is in compliance with
17-23 management standards adopted by the department.
17-24 (b) For purposes of this section, the owner, operator, or
17-25 lessor of a do-it-yourselfer <public> used oil collection center
17-26 may presume that a quantity of less than five gallons of used oil
17-27 accepted at any one time from any member of the public is not mixed
18-1 with a hazardous waste or PCBs, provided that the owner, operator,
18-2 or lessor acts in good faith.
18-3 (c) This section applies only to activities directly related
18-4 to the collection of used oil by a do-it-yourselfer <public> used
18-5 oil collection center. This section does not apply to grossly
18-6 negligent activities related to the operation of a used oil
18-7 collection center.
18-8 (d) This section does not affect or modify the obligations
18-9 or liability of any person other than the owner, operator, or
18-10 lessor of the collection center under any other provisions of state
18-11 or federal law, including common law, for injury or damage
18-12 resulting from a release of used oil or hazardous substances.
18-13 (e) This section does not affect or modify the obligations
18-14 or liability of any owner, operator, or lessor of a collection
18-15 center with regard to services other than accepting used oil from
18-16 the public.
18-17 Sec. 371.026. REGISTRATION OF <PERSONS TRANSPORTING,
18-18 MARKETING, OR RECYCLING> USED OIL HANDLERS OTHER THAN GENERATORS.
18-19 (a) <A person who transports over public highways of this state
18-20 more than 500 gallons of used oil annually, who markets more than
18-21 500 gallons of used oil annually, or who recycles more than 10,000
18-22 gallons of used oil annually shall register annually with the
18-23 department on forms prescribed by the department and in accordance
18-24 with board rules.>
18-25 <(b) The department shall develop a registration program for
18-26 transporters, marketers, and recyclers of used oil.>
18-27 <(c)> The commission <board> shall adopt rules governing
19-1 registration and reporting of used oil handlers other than
19-2 generators <transporters, marketers, and recyclers>. The rules
19-3 shall require that a used oil handler other than a generator
19-4 <transporter, marketer, or recycler>:
19-5 (1) register biennially <annually> with the commission
19-6 <department>;
19-7 (2) report annually the sources of used oil handled
19-8 <transported, marketed, or recycled> during the preceding year, the
19-9 quantity of used oil received, the date of receipt, and the
19-10 destination or end use of the used oil;
19-11 (3) provide evidence of familiarity with applicable
19-12 state laws and rules and management procedures applicable to used
19-13 oil handling <transportation, marketing, or recycling>; and
19-14 (4) provide proof of liability insurance or other
19-15 evidence of financial responsibility for any liability that may be
19-16 incurred in handling <transporting, marketing, or recycling> used
19-17 oil.
19-18 (b) <(d)> The commission <board> by rule shall adopt
19-19 reasonable management and safety standards for the handling
19-20 <transportation, marketing, and recycling> of used oil.
19-21 (c) <(e)> The commission <department> may impose a
19-22 registration fee in an amount sufficient to cover the actual cost
19-23 of registering used oil handlers other than generators
19-24 <transporters, marketers, and recyclers>.
19-25 (d) A used oil transporter may consolidate or aggregate
19-26 loads of used oil for purposes of transportation but may not
19-27 process used oil, except that a used oil transporter may conduct
20-1 incidental processing operations, including settling and water
20-2 separation, that occur in the normal course of the transportation
20-3 of used oil but that are not designed to produce, or make more
20-4 amenable for the production of, used-oil-derived products or used
20-5 oil fuel. <(f) A utility or industrial generator of used oil that
20-6 transports its own used oil from one generator-owned or
20-7 generator-operated facility to another or that recycles its own
20-8 used oil for use in its operations is not required to register or
20-9 report under this section.>
20-10 Sec. 371.027. Gifts and Grants. The commission <department>
20-11 may apply for, request, solicit, contract for, receive, and accept
20-12 gifts, grants, donations, and other assistance from any source to
20-13 carry out its powers and duties under this chapter.
20-14 Sec. 371.028. RULES. Not later than January 1, 1996, the
20-15 commission shall adopt rules, standards, and procedures necessary
20-16 to implement the used oil program established by this chapter.
20-17 Unless otherwise required by applicable state or federal law, the
20-18 rules, standards, and procedures must be consistent with and no
20-19 more stringent than the used oil management standards under 40
20-20 C.F.R. Part 279. <The board may adopt any rules necessary to carry
20-21 out the purposes of this chapter.>
20-22 SECTION 6. Subsections (b), (c), and (d), Section 371.041,
20-23 Health and Safety Code, are amended to read as follows:
20-24 (b) A person commits an offense if the person:
20-25 (1) intentionally discharges used oil into a sewer,
20-26 drainage system, septic tank, surface water or groundwater,
20-27 watercourse, or marine water;
21-1 (2) knowingly mixes or commingles used oil with
21-2 <solid> waste that is to be disposed of in landfills or directly
21-3 disposes of used oil on land <or in landfills>;
21-4 (3) knowingly transports, treats, stores, disposes,
21-5 recycles, causes to be transported, or otherwise handles any used
21-6 oil regulated by the commission in violation of standards or
21-7 regulations for management of such used oil or handles
21-8 <intentionally mixes or commingles used oil with hazardous waste or
21-9 other hazardous substances or PCBs;>
21-10 <(4) transports, markets, or recycles> used oil within
21-11 the state without first complying with the registration
21-12 requirements of Section 371.026 and rules adopted under that
21-13 section;
21-14 (4) intentionally <(5)> applies used oil to roads or
21-15 land for dust suppression, weed abatement, or other similar uses
21-16 that introduce used oil into the environment; <or>
21-17 (5) <(6)> violates an order of the commission
21-18 <department> to cease and desist any activity prohibited by this
21-19 section or any rule applicable to a prohibited activity; or
21-20 (6) makes any false statement or representation in any
21-21 application, label, manifest, record, report, permit, or other
21-22 document filed, maintained, or used for purposes of program
21-23 compliance.
21-24 (c) It is an exception to the application of Subsection (b)
21-25 if a person unknowingly disposes into the environment <a landfill>
21-26 any used oil that has not been properly segregated or separated by
21-27 the generator from other solid wastes.
22-1 (d) It is an exception to the application of Subsection
22-2 (b)(2) if the mixing or commingling of used oil with <solid> waste
22-3 that is to be disposed of in landfills is incident to and the
22-4 unavoidable result of the mechanical shredding of motor vehicles,
22-5 appliances, or other items of scrap, used, or obsolete metals.
22-6 SECTION 7. Section 371.042, Health and Safety Code, is
22-7 amended to read as follows:
22-8 Sec. 371.042. CRIMINAL PENALTIES. (a) Except as provided
22-9 by Subsection (b), an offense under Section 371.041 is punishable
22-10 by:
22-11 (1) a fine of not less than $100 or more than $10,000
22-12 for each act of violation or each day of a continuing violation;
22-13 (2) imprisonment for a term not to exceed five years;
22-14 or
22-15 (3) both the fine and the imprisonment <a Class C
22-16 misdemeanor>.
22-17 (b) If it is shown on the trial of an offense under Section
22-18 371.041 that the defendant has previously been convicted of an
22-19 offense under Section 371.041, the offense is punishable by:
22-20 (1) a fine of not less than $200 or more than $20,000
22-21 for each act of violation or each day of a continuing violation;
22-22 (2) imprisonment for a term not to exceed 10 years; or
22-23 (3) both the fine and the imprisonment <a Class A
22-24 misdemeanor>.
22-25 SECTION 8. Subsections (c) and (d), Section 371.043, Health
22-26 and Safety Code, are amended to read as follows:
22-27 (c) The penalty imposed by this section does not apply to
23-1 failure to pay a fee under Section 371.062 or failure to file a
23-2 report under Section 371.024 <or 371.026>.
23-3 (d) The commission <department>, a local government in whose
23-4 jurisdiction the violation occurs, or the state may bring suit to
23-5 recover a penalty under this section.
23-6 SECTION 9. Subsections (b), (c), and (d), Section 371.061,
23-7 Health and Safety Code, are amended to read as follows:
23-8 (b) The fund consists of:
23-9 (1) fees collected under Sections 371.024, 371.026,
23-10 and 371.062;
23-11 (2) interest and penalties imposed under this chapter
23-12 for late payment of fees, failure to file a report, or other
23-13 violations of this chapter; and
23-14 (3) gifts, grants, donations, or other financial
23-15 assistance the commission <department> is authorized to receive
23-16 under Section 371.027.
23-17 (c) Except as provided by Subsection (d), the commission
23-18 <department> may use money in the fund only for purposes authorized
23-19 by this chapter, including:
23-20 (1) public education;
23-21 (2) grants to public and private do-it-yourselfer used
23-22 oil collection centers; and
23-23 (3) registration of do-it-yourselfer used oil
23-24 collection centers and<,> used oil handlers other than generators
23-25 <transporters, used oil marketers, and used oil recyclers; and>
23-26 <(4) administrative costs of implementing this
23-27 chapter>.
24-1 (d) The commission <department> shall set aside <transfer>
24-2 25 percent of the fees collected under Section 371.062 <to the
24-3 Texas Water Commission> for the sole purpose of restoring the
24-4 environmental quality of those sites in the state that the
24-5 commission has identified as having been contaminated through
24-6 improper used oil management and for which other funds from a
24-7 potentially responsible party or the federal government are not
24-8 sufficient. This subsection expires on January 1, 1998 <1997>.
24-9 SECTION 10. Section 371.062, Health and Safety Code, is
24-10 amended by amending Subsections (a), (b), (f), and (j) and by
24-11 adding Subsections (m), (n), and (o) to read as follows:
24-12 (a) In this section:
24-13 (1) "Distributor" means a person who maintains a
24-14 distribution center or warehouse in this state and annually exports
24-15 from this state to a location outside this state more than 25,000
24-16 gallons of automotive oil.
24-17 (2) "First sale" means the first actual sale of
24-18 automotive oil delivered to a location in this state and sold to a
24-19 purchaser who is not an automotive oil manufacturer. The term does
24-20 not include the sale of automotive oil:
24-21 (A) exported from this state to a location
24-22 outside this state for the purpose of sale or use outside this
24-23 state;
24-24 (B) <. This term does not include sales of
24-25 automotive oils> for resale to or use by vessels exclusively
24-26 engaged in foreign or interstate commerce;
24-27 (C) to a subsequent purchaser who maintains a
25-1 do-it-yourselfer used oil collection center registered by the
25-2 commission at the location where the automotive oil is changed,
25-3 used, consumed, or resold to do-it-yourselfers; or
25-4 (D) to the United States government.
25-5 (3) <(2)> "Importer" means any person who imports or
25-6 causes to be imported automotive oil into this state for sale, use,
25-7 or consumption.
25-8 (4) <(3)> "Oil manufacturer" means any person or
25-9 entity that formulates automotive oil and packages, distributes, or
25-10 sells that automotive oil. The term includes any person packaging
25-11 or repackaging automotive oil.
25-12 (b) An oil manufacturer or distributor who makes a first
25-13 sale of automotive oil is liable for a fee.
25-14 (f) Each oil manufacturer, distributor, or importer required
25-15 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 (j) The fee imposed under this section is two cents per
26-1 quart or eight cents per gallon of automotive oil. As of
26-2 September 1, 1997, the fee shall not exceed one cent per quart or
26-3 four cents per gallon. <The department shall monitor the
26-4 unobligated balance of the used oil recycling fund and shall adjust
26-5 the fee rate to meet expenditure requirements of the used oil
26-6 recycling program and to maintain an appropriate fund balance. The
26-7 fee imposed under this section may not exceed five cents per quart
26-8 or 20 cents per gallon of automotive oil. On or before September 1
26-9 of each year, the department and the comptroller jointly shall
26-10 issue notice of the effective fee rate for the next fiscal year.>
26-11 (m) A distributor must obtain a permit from the comptroller.
26-12 The comptroller shall adopt an application form for the permit,
26-13 which must include:
26-14 (1) the name under which the applicant transacts or
26-15 intends to transact business;
26-16 (2) the location of the applicant's distribution
26-17 center or warehouse in this state;
26-18 (3) if the applicant is a corporation or partnership,
26-19 the names of the principal officers of the corporation or of the
26-20 members of the partnership and the address of each officer or
26-21 member; and
26-22 (4) any other information required by the comptroller.
26-23 (n) The comptroller may deny or revoke a permit under
26-24 Subsection (m) if false information is submitted on the application
26-25 or on a required fuels tax report or supplement.
26-26 (o) A permit under Subsection (m) may not be assigned.
26-27 SECTION 11. Subchapter N, Chapter 361, Health and Safety
27-1 Code, is amended by adding Section 361.432 to read as follows:
27-2 Sec. 361.432. USED OIL FILTER MANAGEMENT. (a) Used oil
27-3 filters shall not be intentionally or knowingly placed in or
27-4 accepted for disposal in a landfill permitted by the commission.
27-5 (b) The commission by rule may:
27-6 (1) adopt reasonable standards for the management of
27-7 used oil filters as defined in Section 371.003; and
27-8 (2) encourage the recycling of used oil filters.
27-9 SECTION 12. (a) The change in law made by this Act to
27-10 Section 371.042, Health and Safety Code, applies only to an offense
27-11 committed on or after the effective date of this Act. For purposes
27-12 of this section, an offense is committed before the effective date
27-13 of this Act if any element of the offense occurs before that date.
27-14 (b) An offense committed before the effective date of this
27-15 Act is covered by the law in effect when the offense was committed,
27-16 and the former law is continued in effect for that purpose.
27-17 SECTION 13. (a) Except as provided by Subsection (b) of
27-18 this section, this Act takes effect September 1, 1995.
27-19 (b) Subsection (j), Section 371.062, Health and Safety Code,
27-20 as amended by this Act, takes effect January 1, 1996.
27-21 SECTION 14. The importance of this legislation and the
27-22 crowded condition of the calendars in both houses create an
27-23 emergency and an imperative public necessity that the
27-24 constitutional rule requiring bills to be read on three several
27-25 days in each house be suspended, and this rule is hereby suspended.