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. 3-38 * * * * *