First Substitute S.B. 138

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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; AND REMOVING THE REQUIREMENT THAT A USED OIL
9 COLLECTION CENTER HAVE FINANCIAL RESPONSIBILITY PROTECTION FOR
10 STORING USED OIL.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 19-6-705, as last amended by Chapter 40, Laws of Utah 1994
14 19-6-710, as enacted by Chapter 283, Laws of Utah 1993
15 REPEALS:
16 19-6-713, as enacted by Chapter 283, Laws of Utah 1993
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 19-6-705 is amended to read:
19 19-6-705. Powers and duties of the executive secretary.
20 (1) The executive secretary shall:
21 (a) administer and enforce the rules and orders of the board;
22 (b) issue and revoke registration numbers for DIYer used oil collection centers and used
23 oil collection centers;
24 (c) after public notice and opportunity for a public hearing:
25 (i) issue or modify a permit under this part;
26 (ii) deny a permit when the executive secretary finds the application is not complete; and
27 (iii) revoke a permit issued under this section upon a finding the permit holder has failed

1 to ensure compliance with this part;
2 (d) (i) coordinate with federal, state, and local government, and other agencies, including
3 entering into memoranda of understanding, to ensure effective regulation of used oil under this
4 part, minimize duplication of regulation, and encourage responsible recycling of used oil; and
5 (ii) as the department finds appropriate to the implementation of this part, enter into
6 contracts with local health departments to carry out specified functions under this part and be
7 reimbursed by the department in accordance with the contract;
8 (e) require forms, analyses, documents, maps, and other records as the executive secretary
9 finds necessary to permit and inspect an operation regulated under this part;
10 [(f) provide public information signs as required under Section 19-6-713;]
11 [(g)] (f) establish a toll-free telephone line to provide information to the public regarding
12 management of used oil and locations of used oil collection centers; and
13 [(h)] (g) accept, receive, and administer grants or other funds or gifts from public and
14 private agencies, including the federal government, for the purpose of carrying out any of the
15 functions of this part.
16 (2) The executive secretary may:
17 (a) authorize any employee of the division to enter any facility regulated under this part
18 at reasonable times and upon presentation of credentials for the purpose of inspection, audit, or
19 sampling of the used oil site or facility, records, operations, or product;
20 (b) direct a person whose activities are regulated under this part to take samples for a
21 stated purpose and cause them to be analyzed at that person's expense; and
22 (c) as authorized by the board under this part, enforce board rules by issuing orders which
23 the board may subsequently amend or revoke.
24 Section 2. Section 19-6-710 is amended to read:
25 19-6-710. Registration and permitting of used oil handlers.
26 (1) (a) A person may not operate a DIYer used oil collection center or used oil collection
27 center without holding a registration number issued by the executive secretary.
28 (b) The application for registration shall include the following information regarding the
29 DIYer used oil collection center or used oil collection center:
30 (i) the name and address of the operator;
31 (ii) the location of the center;

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1 (iii) whether the center will accept DIYer used oil;
2 (iv) the type of containment or storage to be used;
3 (v) the status of business, zoning, and other applicable licenses and permits required by
4 federal, state, and local governmental entities;
5 (vi) emergency spill containment plan; and
6 [(vii) proof of liability insurance or other means of financial responsibility in an amount
7 determined by board rule for any liability that may be incurred in collecting or storing the used oil;
8 and]
9 [(viii)] (vii) any other information the executive secretary finds necessary to ensure the
10 safe handling of used oil.
11 (c) The owner or operator of the center shall notify the executive secretary in writing of
12 any changes in the information submitted to apply for registration within 20 days of the change.
13 (d) To be reimbursed under Section 19-6-717 for collected DIYer used oil, the operator
14 of the DIYer used oil collection center shall maintain and submit to the executive secretary records
15 of volumes of DIYer used oil picked up by a permitted used oil transporter, the dates of pickup,
16 and the name and federal EPA identification number of the transporter.
17 (2) (a) A person may not act as a used oil transporter or operate a transfer facility without
18 holding a permit issued by the executive secretary.
19 (b) The application for a permit shall include the following information regarding acting
20 as a transporter or operating a transfer facility:
21 (i) the name and address of the operator;
22 (ii) the location of the transporter's base of operations or the location of the transfer
23 facility;
24 (iii) maps of all transfer facilities;
25 (iv) the methods to be used for collecting, storing, and delivering used oil;
26 (v) the methods to be used to determine if used oil received by the transporter or facility
27 is on-specification or off-specification;
28 (vi) the type of containment or storage to be used;
29 (vii) the methods of disposing of the waste by-products;
30 (viii) the status of business, zoning, and other applicable licenses and permits required by
31 federal, state, and local government entities;

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1 (ix) emergency spill containment plan;
2 (x) proof of liability insurance or other means of financial responsibility in an amount
3 determined by board rule for any liability that may be incurred in collecting, transporting, or
4 storing the used oil;
5 (xi) proof of form and amount of reclamation surety for any facility used in conjunction
6 with transportation or storage of used oil; and
7 (xii) any other information the executive secretary finds necessary to ensure the safe
8 handling of used oil.
9 (c) The owner or operator of the facility shall notify the executive secretary in writing of
10 any changes in the information submitted to apply for a permit within 20 days of the change.
11 (3) (a) A person may not operate a used oil processing or rerefining facility without
12 holding a permit issued by the executive secretary.
13 (b) The application for a permit shall include the following information regarding the used
14 oil processing or rerefining facility:
15 (i) the name and address of the operator;
16 (ii) the location of the facility;
17 (iii) a map of the facility;
18 (iv) methods to be used to determine if used oil is on-specification or off-specification;
19 (v) the type of containment or storage to be used;
20 (vi) the grades of oil to be produced;
21 (vii) the methods of disposing of the waste by-products;
22 (viii) the status of business, zoning, and other applicable licenses and permits required by
23 federal, state, and local governmental entities;
24 (ix) emergency spill containment plan;
25 (x) proof of liability insurance or other means of financial responsibility in an amount
26 determined by board rule for any liability that may be incurred in processing or rerefining used oil;
27 (xi) proof of form and amount of reclamation surety; and
28 (xii) any other information the executive secretary finds necessary to ensure the safe
29 handling of used oil.
30 (c) The owner or operator of the facility shall notify the executive secretary in writing of
31 any changes in the information submitted to apply for a permit within 20 days of the change.

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1 (4) (a) A person may not act as a used oil fuel marketer without holding a registration
2 number issued by the executive secretary.
3 (b) The application for a registration number shall include the following information
4 regarding acting as a used oil fuel marketer:
5 (i) the name and address of the marketer;
6 (ii) the location of any facilities used by the marketer to collect, transport, process, or store
7 used oil subject to separate permits under this part;
8 (iii) the status of business, zoning, and other applicable licenses and permits required by
9 federal, state, and local governmental entities, including any registrations or permits required under
10 this part to collect, process, transport, or store used oil; and
11 (iv) any other information the executive secretary finds necessary to ensure the safe
12 handling of used oil.
13 (c) The owner or operator of the facility shall notify the executive secretary in writing of
14 any changes in the information submitted to apply for a permit within 20 days of the change.
15 (5) (a) Unless exempted under Subsection 19-6-708(2), a person may not burn used oil for
16 energy recovery without holding a permit issued by the executive secretary or an authorization
17 from the department.
18 (b) The application for a permit shall include the following information regarding the used
19 oil burning facility:
20 (i) the name and address of the operator;
21 (ii) the location of the facility;
22 (iii) methods to be used to determine if used oil is on-specification or off-specification;
23 (iv) the type of containment or storage to be used;
24 (v) the type of burner to be used;
25 (vi) the methods of disposing of the waste by-products;
26 (vii) the status of business, zoning, and other applicable licenses and permits required by
27 federal, state, and local governmental entities;
28 (viii) emergency spill containment plan;
29 (ix) proof of liability insurance or other means of financial responsibility in an amount
30 determined by board rule for any liability that may be incurred in processing or rerefining used oil;
31 (x) proof of form and amount of reclamation surety for any facility receiving and burning

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1 used oil; and
2 (xi) any other information the executive secretary finds necessary to ensure the safe
3 handling of used oil.
4 (c) The owner or operator of the facility shall notify the executive secretary in writing of
5 any changes in the information submitted to apply for a permit within 20 days of the change.
6 Section 3. Repealer.
7 This act repeals:
8 Section 19-6-713, Retailers -- Duty to inform customers.

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