By Ramsay H.B. No. 2619 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the collection and management of used oil filters; 1-3 providing civil and administrative penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 371, Health and Safety Code, is amended 1-6 by adding Subchapter E to read as follows: 1-7 SUBCHAPTER E. FILTER STORAGE, TRANSPORTATION, OR PROCESSING 1-8 Sec. 371.101. DEFINITIONS. In this subchapter: 1-9 (1) "Bill of lading" means a shipping document that 1-10 confirms the receipt of a shipment. 1-11 (2) "Bulk filter container" means a portable device 1-12 that: 1-13 (A) is part of an integrated delivery and 1-14 retrieval system; and 1-15 (B) has a capacity greater than 330 gallons. 1-16 (3) "Component parts" means the severable parts of an 1-17 oil filter and includes oil present in an oil filter. 1-18 (4) "Do-it-yourselfer" means an individual who removes 1-19 a used oil filter in the process of an oil change or automotive 1-20 repair from the engine of a light duty motor vehicle, small utility 1-21 engine, noncommercial motor vehicle, or farm equipment owned or 1-22 operated by the individual. 1-23 (5) "Generator" means a person whose activities 1-24 produce used oil filters. The term does not include a 2-1 do-it-yourselfer. 2-2 (6) "Process" means to prepare a used oil filter for 2-3 recycling, steel recovery, energy recovery, or proper disposal. 2-4 (7) "Processor" means a person that processes used oil 2-5 filters generated by another person. The term does not include a 2-6 generator that consolidates, drains, or crushes used oil filters 2-7 for off-site recycling or disposal. 2-8 (8) "Store" means to hold in a location for any 2-9 period. 2-10 (9) "Storage facility" means a location that stores 2-11 used oil filters before transportation, processing, recycling, or 2-12 disposal of the filters. The term does not include the location of 2-13 a generator. 2-14 (10) "Transporter" means a person that transports used 2-15 oil filters to a location for storage, processing, recycling, or 2-16 disposal. 2-17 (11) "Used oil filter" means any device that is an 2-18 integral part of an oil flow system, the primary purpose of which 2-19 is to remove contaminants from flowing oil contained in the system, 2-20 and that, as a result of use, has become contaminated and 2-21 unsuitable for its original purpose, is removed from service, and 2-22 contains entrapped used oil. The term does not include a filter 2-23 attached to the equipment containing the oil flow system. This 2-24 term continues to apply regardless of prior processing until but 2-25 not after the filter has been burned for steel recovery or energy 2-26 recovery or it is separated into its component parts. 2-27 Sec. 371.102. APPLICABILITY. (a) This subchapter applies 3-1 to a used oil filter only if the filter has not been: 3-2 (1) separated into its component parts; or 3-3 (2) burned for: 3-4 (A) steel recovery; or 3-5 (B) energy recovery. 3-6 (b) This subchapter does not apply to: 3-7 (1) an industrial generator that is: 3-8 (A) registered with the commission as an 3-9 industrial or hazardous waste facility; or 3-10 (B) under the waste management authority of a 3-11 state agency other than the commission; or 3-12 (2) a do-it-yourselfer. 3-13 Sec. 371.103. GENERAL REQUIREMENTS. (a) A person may not 3-14 store, process, or dispose of a used oil filter in a manner that 3-15 results in the discharge of oil into soil or water. 3-16 (b) A person may not knowingly place on land a used oil 3-17 filter that contains oil unless the used oil filter is in a 3-18 container. 3-19 (c) A bulk filter container used to store used oil filters: 3-20 (1) must not leak; and 3-21 (2) must be securely closed, waterproof, and in good 3-22 condition. 3-23 (d) A used oil filter may not be intentionally or knowingly 3-24 placed in or accepted for disposal in a landfill permitted by the 3-25 commission. 3-26 Sec. 371.104. REGISTRATION AND REPORTING. (a) A 3-27 transporter, storage facility, or processor may not store, process, 4-1 recycle, or dispose of used oil filters unless the person is 4-2 registered with the commission. 4-3 (b) Unless the person is registered with the commission as a 4-4 storage facility, a person may not store used oil filters: 4-5 (1) that in the aggregate have a volume greater than 4-6 six 55-gallon drums; or 4-7 (2) in more than one bulk filter container. 4-8 (c) A registered transporter, storage facility, or processor 4-9 shall: 4-10 (1) renew the registration biennially; and 4-11 (2) report to the commission biennially the number of 4-12 used oil filters the person transported, stored, or processed in 4-13 the two years preceding the date of the report. 4-14 Sec. 371.105. SHIPMENT RECORDS. (a) Each shipment of used 4-15 oil filters must be accompanied by a bill of lading that conforms 4-16 to commission rules. 4-17 (b) In accordance with commission rules, a copy of the bill 4-18 of lading for each shipment of used oil filters must be maintained 4-19 by the generator of the filters, transporter of the filters, 4-20 storage facility at which the filters were stored, and processor of 4-21 the filters for at least three years after the date the filters 4-22 were transported, stored, or processed. 4-23 (c) The copies of the bills of lading must be made available 4-24 for the commission to inspect at any reasonable time. 4-25 Sec. 371.106. LIMITATIONS ON STORAGE. (a) A storage 4-26 facility may not store a used oil filter for more than 120 days. 4-27 (b) A transporter may not store a used oil filter for more 5-1 than 10 days. 5-2 (c) A processor may not store a used oil filter for more 5-3 than 30 days before it is processed. 5-4 (d) A processor that stores used oil filters in a container 5-5 shall label each container clearly with the phrase "Used Oil 5-6 Filters." 5-7 Sec. 371.107. VARIANCES. (a) The commission may grant an 5-8 individual variance to allow: 5-9 (1) a generator to store used oil filters in a greater 5-10 aggregate volume than the volume prescribed by Section 371.104(b); 5-11 or 5-12 (2) a person to store used oil filters for a period 5-13 longer than the period prescribed for that person by Section 5-14 371.106. 5-15 (b) The commission may not grant a variance under this 5-16 section for a period of longer than two years. 5-17 Sec. 371.108. SPILL PREVENTION AND CONTROL. Each registered 5-18 storage facility and each facility of a registered processor shall 5-19 develop a plan to prevent spills and respond to spills in 5-20 accordance with the federal spill prevention, control, and 5-21 countermeasure requirements provided by Title 40, Code of Federal 5-22 Regulations, Part 112, as amended. 5-23 Sec. 371.109. FINANCIAL RESPONSIBILITY. The commission 5-24 shall adopt rules requiring a person required to register under 5-25 Section 371.104 to demonstrate adequate financial responsibility. 5-26 Sec. 371.110. CIVIL AND ADMINISTRATIVE PENALTIES. (a) 5-27 Notwithstanding Sections 7.052 and 7.102, Water Code, a person that 6-1 violates this subchapter or a rule adopted under this subchapter is 6-2 liable for a civil penalty of not less than $100 or more than $500 6-3 for each violation and for each day of a continuing violation. 6-4 (b) The commission or the attorney general at the request of 6-5 the commission may bring a suit under Subchapter D, Chapter 7, 6-6 Water Code, to recover the penalty. 6-7 (c) A local government with jurisdiction over the area in 6-8 which the violation occurred may bring suit to recover the penalty. 6-9 (d) The violation described by Subsection (a) also is 6-10 subject to an administrative penalty. The commission may recover 6-11 the administrative penalty in a proceeding conducted as provided by 6-12 Subchapter C, Chapter 7, Water Code. 6-13 SECTION 2. (a) Except as provided by Subsection (b) of this 6-14 section, this Act takes effect September 1, 1999. 6-15 (b) Sections 371.104, 371.105, 371.106, and 371.110, Health 6-16 and Safety Code, as added by this Act, take effect January 1, 2000. 6-17 (c) The Texas Natural Resource Conservation Commission shall 6-18 adopt rules so that the commission may begin enforcement of 6-19 Sections 371.104, 371.105, and 371.106, Health and Safety Code, as 6-20 added by this Act, on January 1, 2000. 6-21 (d) For purposes of Section 371.106, Health and Safety Code, 6-22 as added by this Act, the period of storage of a used oil filter 6-23 that on January 1, 2000, is being stored by a person described by 6-24 that section begins on January 1, 2000, regardless of the date the 6-25 storage of the oil filter began. 6-26 SECTION 3. Section 361.432, Health and Safety Code, is 6-27 repealed. 7-1 SECTION 4. The importance of this legislation and the 7-2 crowded condition of the calendars in both houses create an 7-3 emergency and an imperative public necessity that the 7-4 constitutional rule requiring bills to be read on three several 7-5 days in each house be suspended, and this rule is hereby suspended.