S.B. 138

1

USED OIL ACT AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: LeRay McAllister
5 AN ACT RELATING TO THE ENVIRONMENT; REMOVING THE REQUIREMENT THAT
6 THE DEPARTMENT OF ENVIRONMENTAL QUALITY PROVIDE PUBLIC
7 INFORMATION SIGNS REGARDING RECYCLING TO ALL UTAH BUSINESSES
8 SELLING MOTOR OIL.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 19-6-705, as last amended by Chapter 40, Laws of Utah 1994
12 REPEALS:
13 19-6-713, as enacted by Chapter 283, Laws of Utah 1993
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 19-6-705 is amended to read:
16 19-6-705. Powers and duties of the executive secretary.
17 (1) The executive secretary shall:
18 (a) administer and enforce the rules and orders of the board;
19 (b) issue and revoke registration numbers for DIYer used oil collection centers and used
20 oil collection centers;
21 (c) after public notice and opportunity for a public hearing:
22 (i) issue or modify a permit under this part;
23 (ii) deny a permit when the executive secretary finds the application is not complete; and
24 (iii) revoke a permit issued under this section upon a finding the permit holder has failed
25 to ensure compliance with this part;
26 (d) (i) coordinate with federal, state, and local government, and other agencies, including
27 entering into memoranda of understanding, to ensure effective regulation of used oil under this

1 part, minimize duplication of regulation, and encourage responsible recycling of used oil; and
2 (ii) as the department finds appropriate to the implementation of this part, enter into
3 contracts with local health departments to carry out specified functions under this part and be
4 reimbursed by the department in accordance with the contract;
5 (e) require forms, analyses, documents, maps, and other records as the executive secretary
6 finds necessary to permit and inspect an operation regulated under this part;
7 [(f) provide public information signs as required under Section 19-6-713;]
8 [(g)] (f) establish a toll-free telephone line to provide information to the public regarding
9 management of used oil and locations of used oil collection centers; and
10 [(h)] (g) accept, receive, and administer grants or other funds or gifts from public and
11 private agencies, including the federal government, for the purpose of carrying out any of the
12 functions of this part.
13 (2) The executive secretary may:
14 (a) authorize any employee of the division to enter any facility regulated under this part
15 at reasonable times and upon presentation of credentials for the purpose of inspection, audit, or
16 sampling of the used oil site or facility, records, operations, or product;
17 (b) direct a person whose activities are regulated under this part to take samples for a
18 stated purpose and cause them to be analyzed at that person's expense; and
19 (c) as authorized by the board under this part, enforce board rules by issuing orders which
20 the board may subsequently amend or revoke.
21 Section 2. Repealer.
22 This act repeals:
23 Section 19-6-713, Retailers -- Duty to inform customers.




Legislative Review Note
as of 1-14-97 2:06 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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