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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2619 was passed by the House on May
4, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2619 was passed by the Senate on May
18, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor