1-1     By:  Ramsay (Senate Sponsor - Ratliff)                H.B. No. 2619
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 1999, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 11, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the collection and management of used oil filters;
 1-9     providing civil and administrative penalties.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 371, Health and Safety Code, is amended
1-12     by adding Subchapter E to read as follows:
1-13        SUBCHAPTER E.  FILTER STORAGE, TRANSPORTATION, OR PROCESSING
1-14           Sec. 371.101.  DEFINITIONS.  In this subchapter:
1-15                 (1)  "Bill of lading" means a shipping document that
1-16     confirms the receipt of a shipment.
1-17                 (2)  "Bulk filter container" means a portable device
1-18     that:
1-19                       (A)  is part of an integrated delivery and
1-20     retrieval system; and
1-21                       (B)  has a capacity greater than 330 gallons.
1-22                 (3)  "Component parts" means the severable parts of an
1-23     oil filter and includes oil present in an oil filter.
1-24                 (4)  "Do-it-yourselfer" means an individual who removes
1-25     a used oil filter in the process of an oil change or automotive
1-26     repair from the engine of a light duty motor vehicle, small utility
1-27     engine, noncommercial motor vehicle, or farm equipment owned or
1-28     operated by the individual.
1-29                 (5)  "Generator" means a person whose activities
1-30     produce used oil filters.  The term does not include a
1-31     do-it-yourselfer.
1-32                 (6)  "Process" means to prepare a used oil filter for
1-33     recycling, steel recovery, energy recovery, or proper disposal.
1-34                 (7)  "Processor" means a person that processes used oil
1-35     filters generated by another person.  The term does not include a
1-36     generator that consolidates, drains, or crushes used oil filters
1-37     for off-site recycling or disposal.
1-38                 (8)  "Store" means to hold in a location for any
1-39     period.
1-40                 (9)  "Storage facility" means a location that stores
1-41     used oil filters before transportation, processing, recycling, or
1-42     disposal of the filters.  The term does not include the location of
1-43     a generator.
1-44                 (10)  "Transporter" means a person that transports used
1-45     oil filters to a location for storage, processing, recycling, or
1-46     disposal.
1-47                 (11)  "Used oil filter" means any device that is an
1-48     integral part of an oil flow system, the primary purpose of which
1-49     is to remove contaminants from flowing oil contained in the system,
1-50     and that, as a result of use, has become contaminated and
1-51     unsuitable for its original purpose, is removed from service, and
1-52     contains entrapped used oil.  The term does not include a filter
1-53     attached to the equipment containing the oil flow system.  This
1-54     term continues to apply regardless of prior processing until but
1-55     not after the filter has been burned for steel recovery or energy
1-56     recovery or it is separated into its component parts.
1-57           Sec. 371.102.  APPLICABILITY.  (a)  This subchapter applies
1-58     to a used oil filter only if the filter has not been:
1-59                 (1)  separated into its component parts; or
1-60                 (2)  burned for:
1-61                       (A)  steel recovery; or
1-62                       (B)  energy recovery.
1-63           (b)  This subchapter does not apply to:
1-64                 (1)  an industrial generator that is:
 2-1                       (A)  registered with the commission as an
 2-2     industrial or hazardous waste facility; or
 2-3                       (B)  under the waste management authority of a
 2-4     state agency other than the commission; or
 2-5                 (2)  a do-it-yourselfer.
 2-6           Sec. 371.103.  GENERAL REQUIREMENTS.  (a)  A person may not
 2-7     store, process, or dispose of a used oil filter in a manner that
 2-8     results in the discharge of oil into soil or water.
 2-9           (b)  A person may not knowingly place on land a used oil
2-10     filter that contains oil unless the used oil filter is in a
2-11     container.
2-12           (c)  A bulk filter container used to store used oil filters:
2-13                 (1)  must not leak; and
2-14                 (2)  must be securely closed, waterproof, and in good
2-15     condition.
2-16           (d)  A used oil filter may not be intentionally or knowingly
2-17     placed in or accepted for disposal in a landfill permitted by the
2-18     commission.
2-19           Sec. 371.104.  REGISTRATION AND REPORTING.  (a)  A
2-20     transporter, storage facility, or processor may not store, process,
2-21     recycle, or dispose of used oil filters unless the person is
2-22     registered with the commission.
2-23           (b)  Unless the person is registered with the commission as a
2-24     storage facility, a person may not store used oil filters:
2-25                 (1)  that in the aggregate have a volume greater than
2-26     six 55-gallon drums; or
2-27                 (2)  in more than one bulk filter container.
2-28           (c)  A registered transporter, storage facility, or processor
2-29     shall:
2-30                 (1)  renew the registration biennially; and
2-31                 (2)  report to the commission biennially the number of
2-32     used oil filters the person transported, stored, or processed in
2-33     the two years preceding the date of the report.
2-34           Sec. 371.105.  SHIPMENT RECORDS.  (a)  Each shipment of used
2-35     oil filters must be accompanied by a bill of lading that conforms
2-36     to commission rules.
2-37           (b)  In accordance with commission rules, a copy of the bill
2-38     of lading for each shipment of used oil filters must be maintained
2-39     by the generator of the filters, transporter of the filters,
2-40     storage facility at which the filters were stored, and processor of
2-41     the filters for at least three years after the date the filters
2-42     were transported, stored, or processed.
2-43           (c)  The copies of the bills of lading must be made available
2-44     for the commission to inspect at any reasonable time.
2-45           Sec. 371.106.  LIMITATIONS ON STORAGE.  (a)  A storage
2-46     facility may not store a used oil filter for more than 120 days.
2-47           (b)  A transporter may not store a used oil filter for more
2-48     than 10 days.
2-49           (c)  A processor may not store a used oil filter for more
2-50     than 30 days before it is processed.
2-51           (d)  A processor that stores used oil filters in a container
2-52     shall label each container clearly with the phrase "Used Oil
2-53     Filters."
2-54           Sec. 371.107.  VARIANCES.  (a)  The commission may grant an
2-55     individual variance to allow:
2-56                 (1)  a generator to store used oil filters in a greater
2-57     aggregate volume than the volume prescribed by Section 371.104(b);
2-58     or
2-59                 (2)  a person to store used oil filters for a period
2-60     longer than the period prescribed for that person by Section
2-61     371.106.
2-62           (b)  The commission may not grant a variance under this
2-63     section for a period of longer than two years.
2-64           Sec. 371.108.  SPILL PREVENTION AND CONTROL.  Each registered
2-65     storage facility and each facility of a registered processor shall
2-66     develop a plan to prevent spills and respond to spills in
2-67     accordance with the federal spill prevention, control, and
2-68     countermeasure requirements provided by Title 40, Code of Federal
2-69     Regulations, Part 112, as amended.
 3-1           Sec. 371.109.  FINANCIAL RESPONSIBILITY.  The commission
 3-2     shall adopt rules requiring a person required to register under
 3-3     Section 371.104 to demonstrate adequate financial responsibility.
 3-4           Sec. 371.110.  CIVIL AND ADMINISTRATIVE PENALTIES.  (a)
 3-5     Notwithstanding Sections 7.052 and 7.102, Water Code, a person that
 3-6     violates this subchapter or a rule adopted under this subchapter is
 3-7     liable for a civil penalty of not less than $100 or more than $500
 3-8     for each violation and for each day of a continuing violation.
 3-9           (b)  The commission or the attorney general at the request of
3-10     the commission may bring a suit under Subchapter D, Chapter 7,
3-11     Water Code, to recover the penalty.
3-12           (c)  A local government with jurisdiction over the area in
3-13     which the violation occurred may bring suit to recover the penalty.
3-14           (d)  The violation described by Subsection (a)  also is
3-15     subject to an administrative penalty.  The commission may recover
3-16     the administrative penalty in a proceeding conducted as provided by
3-17     Subchapter C, Chapter 7, Water Code.
3-18           SECTION 2.  (a)  Except as provided by Subsection (b) of this
3-19     section, this Act takes effect September 1, 1999.
3-20           (b)  Sections 371.104, 371.105, 371.106, and 371.110, Health
3-21     and Safety Code, as added by this Act, take effect January 1, 2000.
3-22           (c)  The Texas Natural Resource Conservation Commission shall
3-23     adopt rules so that the commission may begin enforcement of
3-24     Sections 371.104, 371.105, and 371.106, Health and Safety Code, as
3-25     added by this Act, on January 1, 2000.
3-26           (d)  For purposes of Section 371.106, Health and Safety Code,
3-27     as added by this Act, the period of storage of a used oil filter
3-28     that on January 1, 2000, is being stored by a person described by
3-29     that section begins on January 1, 2000, regardless of the date the
3-30     storage of the oil filter began.
3-31           SECTION 3.  Section 361.432, Health and Safety Code, is
3-32     repealed.
3-33           SECTION 4.  The importance of this legislation and the
3-34     crowded condition of the calendars in both houses create an
3-35     emergency and an imperative public necessity that the
3-36     constitutional rule requiring bills to be read on three several
3-37     days in each house be suspended, and this rule is hereby suspended.
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