76R12950 JJT-F                           
         By Ramsay                                             H.B. No. 2619
         Substitute the following for H.B. No. 2619:
         By Dukes                                          C.S.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           Sec. 371.104.  REGISTRATION AND REPORTING.  (a)  A
3-24     transporter, storage facility, or processor may not store, process,
3-25     recycle, or dispose of used oil filters unless the person is
3-26     registered with the commission.
3-27           (b)  Unless the person is registered with the commission as a
 4-1     storage facility, a person may not store used oil filters:
 4-2                 (1)  that in the aggregate have a volume greater than
 4-3     six 55-gallon drums; or
 4-4                 (2)  in more than one bulk filter container.
 4-5           (c)  A registered transporter, storage facility, or processor
 4-6     shall:
 4-7                 (1)  renew the registration biennially; and
 4-8                 (2)  report to the commission biennially the number of
 4-9     used oil filters the person transported, stored, or processed in
4-10     the two years preceding the date of the report.
4-11           Sec. 371.105.  SHIPMENT RECORDS.  (a)  Each shipment of used
4-12     oil filters must be accompanied by a bill of lading that conforms
4-13     to commission rules.
4-14           (b)  In accordance with commission rules, a copy of the bill
4-15     of lading for each shipment of used oil filters must be maintained
4-16     by the generator of the filters, transporter of the filters,
4-17     storage facility at which the filters were stored, and processor of
4-18     the filters for at least three years after the date the filters
4-19     were transported, stored, or processed.
4-20           (c)  The copies of the bills of lading must be made available
4-21     for the commission to inspect at any reasonable time.
4-22           Sec. 371.106.  LIMITATIONS ON STORAGE.  (a)  A storage
4-23     facility may not store a used oil filter for more than 120 days.
4-24           (b)  A transporter may not store a used oil filter for more
4-25     than 10 days.
4-26           (c)  A processor may not store a used oil filter for more
4-27     than 30 days before it is processed.
 5-1           (d)  A processor that stores used oil filters in a container
 5-2     shall label each container clearly with the phrase "Used Oil
 5-3     Filters."
 5-4           Sec. 371.107.  VARIANCES.  (a)  The commission may grant an
 5-5     individual variance to allow:
 5-6                 (1)  a generator to store used oil filters in a greater
 5-7     aggregate volume than the volume prescribed by Section 371.104(b);
 5-8     or
 5-9                 (2)  a person to store used oil filters for a period
5-10     longer than the period prescribed for that person by Section
5-11     371.106.
5-12           (b)  The commission may not grant a variance under this
5-13     section for a period of longer than two years.
5-14           Sec. 371.108.  SPILL PREVENTION AND CONTROL.  Each registered
5-15     storage facility and each facility of a registered processor shall
5-16     develop a plan to prevent spills and respond to spills.  The plan
5-17     must meet requirements equivalent to the federal spill prevention,
5-18     control, and countermeasure requirements provided by Title 40, Code
5-19     of Federal Regulations, Part 112, as amended.
5-20           Sec. 371.109.  FINANCIAL RESPONSIBILITY.  The commission
5-21     shall adopt rules requiring a person required to register under
5-22     Section 371.104 to demonstrate adequate financial responsibility.
5-23           Sec. 371.110.  CIVIL AND ADMINISTRATIVE PENALTIES.  (a)
5-24     Notwithstanding Sections 7.052 and 7.102, Water Code, a person that
5-25     violates this subchapter or a rule adopted under this subchapter is
5-26     liable for a civil penalty of not less than $100 or more than $500
5-27     for each violation and for each day of a continuing violation.
 6-1           (b)  The commission or the attorney general at the request of
 6-2     the commission may bring a suit under Subchapter D, Chapter 7,
 6-3     Water Code, to recover the penalty.
 6-4           (c)  A local government with jurisdiction over the area in
 6-5     which the violation occurred may bring suit to recover the penalty.
 6-6           (d)  The violation described by Subsection (a)  also is
 6-7     subject to an administrative penalty.  The commission may recover
 6-8     the administrative penalty in a proceeding conducted as provided by
 6-9     Subchapter C, Chapter 7, Water Code.
6-10           SECTION 2.  (a)  Except as provided by Subsection (b) of this
6-11     section, this Act takes effect September 1, 1999.
6-12           (b)  Sections 371.104, 371.105, 371.106, and 371.110, Health
6-13     and Safety Code, as added by this Act, take effect January 1, 2000.
6-14           (c)  The Texas Natural Resource Conservation Commission shall
6-15     adopt rules so that the commission may begin enforcement of
6-16     Sections 371.104, 371.105, and 371.106, Health and Safety Code, as
6-17     added by this Act, on January 1, 2000.
6-18           (d)  For purposes of Section 371.106, Health and Safety Code,
6-19     as added by this Act, the period of storage of a used oil filter
6-20     that on January 1, 2000, is being stored by a person described by
6-21     that section begins on January 1, 2000, regardless of the date the
6-22     storage of the oil filter began.
6-23           SECTION 3.  The importance of this legislation and the
6-24     crowded condition of the calendars in both houses create an
6-25     emergency and an imperative public necessity that the
6-26     constitutional rule requiring bills to be read on three several
6-27     days in each house be suspended, and this rule is hereby suspended.