By Ramsay H.B. No. 2619
76R7224 JJT-F
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) "Component parts" means the severable parts of an
1-12 oil filter and includes oil present in an oil filter.
1-13 (3) "Generator" means a person whose activities
1-14 produce used oil filters.
1-15 (4) "Oil filter" means the portion of an oil-flow
1-16 system designed to remove contaminants from the oil in the system.
1-17 (5) "Process" means to separate an oil filter into its
1-18 component parts. The term does not include the act of removing oil
1-19 from a filter by crushing or draining.
1-20 (6) "Processor" means a person who processes whole
1-21 used oil filters generated by another person.
1-22 (7) "Store" means to hold in a place for any period.
1-23 (8) "Storage facility" means a place that stores oil
1-24 filters.
2-1 (9) "Transporter" means a person who transports used
2-2 oil filters off of a site.
2-3 (10) "Used oil filter" means an oil filter that has
2-4 been used and removed from service. The term does not include a
2-5 filter attached to an engine block.
2-6 Sec. 371.102. APPLICABILITY. (a) Except as provided by
2-7 Subsection (b), this subchapter does not apply to:
2-8 (1) an industrial generator that is:
2-9 (A) registered with the commission as an
2-10 industrial or hazardous waste facility; or
2-11 (B) under the waste management authority of a
2-12 state agency other than the commission; or
2-13 (2) a used oil filter that has been separated into its
2-14 component parts.
2-15 (b) Notwithstanding Subsection (a), a filter generated by a
2-16 person described by Subsection (a)(1) or a filter described by
2-17 Section 371.0025(c) may be transported to, stored by, or processed
2-18 by a registered processor only if the activities regarding the
2-19 filter comply with the rules applicable to nonexempt filters.
2-20 Sec. 371.103. GENERAL REQUIREMENTS. (a) A person may not
2-21 store, process, or dispose of a used oil filter in a manner that
2-22 results in the discharge of oil into soil or water.
2-23 (b) A person may not knowingly place on land a used oil
2-24 filter that contains oil.
2-25 Sec. 371.104. REGISTRATION AND REPORTING. (a) A
2-26 transporter or processor may not store, process, or dispose of used
2-27 oil filters unless the person is registered with the commission.
3-1 (b) A person may not store oil filters that in the aggregate
3-2 have a volume greater than six 55-gallon drums unless the person is
3-3 registered with the commission as a storage facility.
3-4 (c) A registered transporter, storage facility, or processor
3-5 shall:
3-6 (1) renew the registration biennially; and
3-7 (2) report to the commission biennially:
3-8 (A) the number of used oil filters the person
3-9 transported, stored, or processed in the previous two years; and
3-10 (B) any other information commission rules
3-11 require.
3-12 Sec. 371.105. SHIPMENT RECORDS. (a) Each shipment of used
3-13 oil filters must be accompanied by a bill of lading that conforms
3-14 to commission rules.
3-15 (b) In accordance with commission rules, a copy of the bill
3-16 of lading for each shipment of used oil filters must be maintained
3-17 by the generator of the filters, transporter of the filters,
3-18 storage facility at which the filters were stored, and processor of
3-19 the filters for at least three years after the date the filters
3-20 were transported, stored, or processed.
3-21 (c) The copies of the bills of lading must be made available
3-22 for the commission to inspect at any reasonable time.
3-23 Sec. 371.106. LIMITATIONS ON STORAGE. (a) A storage
3-24 facility may not store a used oil filter for more than 90 days.
3-25 (b) A transporter may not store a used oil filter for more
3-26 than 10 days.
3-27 (c) A processor may not store a used oil filter for more
4-1 than 30 days before it is processed.
4-2 Sec. 371.107. VARIANCES. (a) The commission may grant an
4-3 individual variance to allow a facility to store used oil filters:
4-4 (1) in a greater aggregate volume than the volume
4-5 prescribed by Section 371.104(b); or
4-6 (2) for a period longer than the period prescribed by
4-7 Section 371.106.
4-8 (b) The commission may not grant a variance under this
4-9 section for a period longer than two years.
4-10 Sec. 371.108. SPILL PREVENTION AND CONTROL. Each registered
4-11 storage facility and each facility of a registered processor shall
4-12 develop a plan to prevent spills and respond to spills. The plan
4-13 must be approved by the commission.
4-14 Sec. 371.109. FINANCIAL RESPONSIBILITY. The commission
4-15 shall adopt rules requiring a person required to register under
4-16 Section 371.104 to demonstrate adequate financial responsibility.
4-17 Sec. 371.110. CIVIL AND ADMINISTRATIVE PENALTIES. (a)
4-18 Notwithstanding Sections 7.052 and 7.102, Water Code, a person who
4-19 violates this chapter or a rule adopted under this chapter is
4-20 liable for a civil penalty of not less than $100 or more than $500
4-21 for each violation and for each day of a continuing violation.
4-22 (b) The commission or the attorney general at the request of
4-23 the commission may bring a suit under Subchapter D, Chapter 7,
4-24 Water Code, to recover the penalty.
4-25 (c) A local government with jurisdiction over the area in
4-26 which the violation occurred may bring suit to recover the penalty.
4-27 The comptroller shall deposit the state's share of the penalty
5-1 provided by Section 7.107, Water Code, to the credit of the used
5-2 oil recycling fund.
5-3 (d) The violation described by Subsection (a) also is
5-4 subject to an administrative penalty. The commission may recover
5-5 the administrative penalty in a proceeding conducted as provided by
5-6 Subchapter C, Chapter 7, Water Code.
5-7 SECTION 2. (a) Except as provided by Subsection (b) of this
5-8 section, this Act takes effect September 1, 1999.
5-9 (b) The following provisions take effect January 1, 2000:
5-10 (1) Sections 371.104-371.106, Health and Safety Code,
5-11 as added by this Act; and
5-12 (2) Section 371.110, Health and Safety Code, as added
5-13 by this Act.
5-14 (c) The Texas Natural Resource Conservation Commission shall
5-15 adopt rules so that the commission may begin enforcement of
5-16 Sections 371.104-371.106 on the date those sections take effect.
5-17 (d) For purposes of Section 371.106, Health and Safety Code,
5-18 as added by this Act, the period of storage of a used oil filter
5-19 that on January 1, 2000, is being stored by a person described by
5-20 that section begins on January 1, 2000, regardless of the date the
5-21 storage of the oil filter began.
5-22 SECTION 3. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended.