CHAPTER 371. USED OIL COLLECTION, MANAGEMENT, AND RECYCLING
HEALTH AND SAFETY CODE
TITLE 5. SANITATION AND ENVIRONMENTAL QUALITY
SUBTITLE B. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND
WATER
CHAPTER 371. USED OIL COLLECTION, MANAGEMENT, AND RECYCLING
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 371.001. SHORT TITLE. This chapter may be cited as the
Texas Used Oil Collection, Management, and Recycling Act.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 887, Sec. 1, eff.
Sept. 1, 1995.
Sec. 371.002. FINDINGS. The legislature finds that:
(1) when properly managed and recycled, used oil is a valuable
energy resource;
(2) used oil can be recycled into a number of different
products;
(3) improper disposal of used oil is a significant environmental
problem and a waste of a potentially valuable energy resource;
(4) there is a need for an expanded statewide network of used
oil collection sites for private citizens who change their own
motor oil;
(5) the private sector, with incentives, is best equipped to
establish and operate used oil collection centers that are
convenient for the public;
(6) the need for publicly operated used oil collection centers
is greatest in more sparsely populated areas of the state and
should diminish over time;
(7) the United States Environmental Protection Agency has issued
final regulations that properly classify and regulate used oil
and used oil filters in accordance with the Resource Conservation
and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.);
(8) the current used oil and used oil filter program in this
state imposes more stringent management requirements than the
regulations of the United States Environmental Protection Agency;
(9) limited public money is needed to finance public and private
infrastructure investments to collect, manage, and recycle used
motor oil;
(10) the used oil management standards under the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et
seq.) establish a balanced approach to the objectives of
preserving a valuable resource and protecting the natural
environment; and
(11) recycling, reuse, treatment, or proper disposal of used oil
produces a more advantageous cost-benefit ratio in accomplishing
the goals of state law, and these considerations should be
included in the source reduction and waste minimization plans
adopted under Section 361.505 to the extent applicable.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 887, Sec. 1, eff.
Sept. 1, 1995.
Sec. 371.0025. PURPOSE AND SCOPE. (a) The purposes of this
chapter are to:
(1) ensure that this state's used oil program is consistent with
and not more stringent than the federal program for the
management of used oil under 40 C.F.R. Part 279 unless otherwise
required by state or federal law; and
(2) establish a program to promote public and private
do-it-yourselfer used oil collection centers and used oil
collection centers.
(b) This chapter does not apply to used oil:
(1) generated in connection with activities regulated by the
Railroad Commission of Texas under Chapter 91 or 141, Natural
Resources Code, or Chapter 27, Water Code;
(2) exempted under 40 C.F.R. Section 279.10(g) because the oil
has been introduced into a crude oil pipeline or is being
processed at a petroleum refining facility; or
(3) generated through other activities exempted under 40 C.F.R.
Part 271 or 279.
(c) This chapter does not apply to a used oil filter generated
in connection with activities regulated by the Railroad
Commission of Texas under Chapter 91 or 141, Natural Resources
Code, or Chapter 27, Water Code.
Added by Acts 1995, 74th Leg., ch. 887, Sec. 2, eff. Sept. 1,
1995.
Sec. 371.003. DEFINITIONS. In this chapter:
(1) "Aboveground tank" means a tank used to store or process oil
that is not an underground storage tank as defined by 40 C.F.R.
Section 280.12.
(2) "Automotive oil" means any lubricating oils intended for use
in an internal combustion engine, crankcase, transmission, gear
box, or differential for an automobile, bus, or truck. The term
includes oil that is not labeled specifically for that use but is
suitable for that use according to generally accepted industry
specifications.
(3) "Commission" means the Texas Natural Resource Conservation
Commission.
(4) "Container" means a portable device in which a material is
stored, transported, treated, disposed of, or otherwise handled.
(5) "Do-it-yourselfer used oil collection center" means a site
or facility that accepts or aggregates and stores used oil
collected only from household do-it-yourselfers. A registered
do-it-yourselfer used oil collection center that is also a used
oil generator may commingle household do-it-yourselfer used oil
with the used oil it generates.
(6) "Existing tank" means a tank that is used for the storage or
processing of used oil and that as of September 1, 1995, is in
operation or is being installed. A tank is being installed if the
owner or operator has obtained all necessary federal, state, and
local approvals or permits and:
(A) a continuous on-site installation program has begun; or
(B) the owner or operator has entered into contractual
obligations for installation of the tank that cannot be cancelled
or modified without substantial loss.
(7) "Household do-it-yourselfer used oil" means oil that is
derived from a household, including used oil generated by an
individual through the maintenance of the individual's personal
vehicle or equipment.
(8) "Household do-it-yourselfer used oil generator" means an
individual who generates household do-it-yourselfer used oil.
(9) "New tank" means a tank for the storage or processing of
used oil the installation of which begins on or after September
1, 1995.
(10) "Petroleum refining facility" means an establishment
primarily engaged in producing gasoline, kerosene, distillate
fuel oils, residual fuel oils, and lubricants through
fractionation, straight distillation of crude oil, redistillation
of unfinished petroleum derivatives, cracking, or other
processes.
(11) "Processing" means chemical or physical operations designed
to produce from used oil, or to make used oil more amenable for
production of, fuel oils, lubricants, or other used-oil-derived
products, including blending used oil with virgin petroleum
products, blending used oils to meet fuel specifications,
filtration, simple distillation, chemical or physical separation,
and rerefining.
(12) "Reclaiming" means processing material to recover a usable
product or regenerating material, including recovering lead from
a spent battery and regenerating spent solvents.
(13) "Recycling" means:
(A) preparing used oil for reuse as a petroleum product by
rerefining, reclaiming, or other means;
(B) using used oil as a lubricant or petroleum product instead
of using a petroleum product made from new oil; or
(C) burning used oil for energy recovery.
(14) "Rerefining" means applying processes to material composed
primarily of used oil to produce high-quality base stocks for
lubricants or other petroleum products, including settling,
filtering, catalytic conversion, fractional/vacuum distillation,
hydrotreating, or polishing.
(15) "Rerefining distillation bottoms" means the heavy fraction
of filtered and dehydrated used oil produced by vacuum
distillation. The composition of still bottoms varies with column
operation and feedstock.
(16) "Tank" means a stationary device designed to contain an
accumulation of used oil that is constructed primarily of
nonearthen materials that provide structural support, including
wood, concrete, steel, and plastic.
(17) "Used oil" means oil that has been refined from crude oil,
or synthetic oil, that as a result of use has been contaminated
by physical or chemical impurities.
(18) "Used oil aggregation point" means a site or facility that
accepts, aggregates, or stores used oil collected from:
(A) used oil generation sites owned or operated by the owner or
operator of the used oil aggregation point and transported to the
used oil aggregation point in shipments of not more than 55
gallons; or
(B) household do-it-yourselfers.
(19) "Used oil burner" means a facility in which used oil not
meeting the specifications in 40 C.F.R. Section 279.11 is burned
for energy recovery in a device listed in 40 C.F.R. Section
279.61(a).
(20) "Used oil collection center" means a site or facility that
is registered by the commission to manage used oil and accepts,
aggregates, or stores used oil collected from:
(A) used oil generators regulated under 40 C.F.R. Part 279,
Subpart C, who transport used oil to the used oil collection
center in shipments of not more than 55 gallons under 40 C.F.R.
Section 279.24; or
(B) household do-it-yourselfers.
(21) "Used oil fuel marketer" means a person who:
(A) directs a shipment of used oil not meeting the
specifications in 40 C.F.R. Section 279.11 from the person's
facility to a used oil burner; or
(B) first claims that used oil to be burned for energy recovery
meets the used oil specifications in 40 C.F.R. Section 279.11.
(22) "Used oil generator" means a person, by site, whose act or
process:
(A) produces used oil; or
(B) first causes used oil to become subject to regulation.
(23) "Used oil processor or rerefiner" means a facility that
processes used oil.
(24) "Used oil transfer facility" means a transportation-related
facility, including a loading dock, parking area, storage area,
or other area, where shipments of used oil are held for more than
24 hours and not more than 35 days during the normal course of
transportation. A transfer facility that stores used oil for more
than 35 days is subject to 40 C.F.R. Part 279, Subpart F.
(25) "Used oil transporter" means a person who:
(A) transports used oil; or
(B) owns or operates a used oil transfer facility.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec.
1.045, eff. Aug. 12, 1991; Acts 1993, 73rd Leg., ch. 899, Sec.
4.05, eff. Oct. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec.
11.122, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 887, Sec.
3, eff. Sept. 1, 1995.
SUBCHAPTER B. USED OIL RECYCLING PROGRAM
Sec. 371.021. PUBLIC EDUCATION. The commission shall conduct an
education program to inform the public of the need for and
benefits of the collection and recycling of used oil and used oil
filters. The program shall:
(1) establish, maintain, and publicize a used oil information
center that prepares and disperses materials and information
explaining laws and rules regulating used oil and informing the
public of places and methods for proper recycling of used oil;
(2) encourage the voluntary establishment of used oil collection
and recycling programs by private businesses and organizations
and by local governments and provide technical assistance to
persons who organize those programs; and
(3) encourage local governments to procure recycled automotive
and industrial oils and oils blended with recycled oils, if those
oils meet equipment manufacturer's specifications.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.123, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 887, Sec. 4, eff. Sept.
1, 1995.
Sec. 371.022. NOTICE BY RETAIL DEALER. A retail dealer who
annually sells directly to the public more than 500 gallons of
oil in containers for use off-premises shall post in a prominent
place a sign provided by the commission:
(1) informing the public that improper disposal of used oil is
prohibited by law;
(2) containing instructions for disposal of used oil filters;
and
(3) prominently displaying the toll-free telephone number of the
state used oil information center established under Section
371.021.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.123, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 887, Sec. 4, eff. Sept.
1, 1995.
Sec. 371.023. GRANTS TO LOCAL GOVERNMENTS AND PRIVATE ENTITIES.
(a) The commission shall develop a grant program for local
governments and private entities that encourages the collection,
reuse, and recycling of household do-it-yourselfer used oil.
(b) The commission may approve a grant for any project that uses
one or more of the following programs:
(1) curbside pickup of containers of household do-it-yourselfer
used oil by a local government or its representative;
(2) retrofitting of municipal solid waste equipment to
facilitate curbside pickup of household do-it-yourselfer used
oil;
(3) establishment of do-it-yourselfer used oil collection
centers and used oil collection centers at locations accessible
to the public, including landfills, fire stations, retail stores,
quick lubrication centers, and automobile repair shops;
(4) provision of containers and other materials and supplies
that can be used to store household do-it-yourselfer used oil for
pickup or delivery to a do-it-yourselfer used oil collection
center in an environmentally sound manner; and
(5) any other activity the advisory committee established under
Subsection (c) determines will encourage the proper recycling of
household do-it-yourselfer used oil.
(c) The commission shall appoint an advisory committee for the
used oil grant program. The advisory committee consists of seven
members who serve at the pleasure of the commission and represent
oil manufacturers as defined by Section 371.062, operators of
used oil collection centers, and local governments. The advisory
committee members serve without compensation and are not entitled
to reimbursement for expenses incurred in the performance of
their duties. The advisory committee shall:
(1) recommend criteria for grants;
(2) establish guidelines for allowable administrative expenses;
and
(3) recommend grant recipients to the commission based on the
used oil collection needs of this state.
(d) The commission by rule shall:
(1) establish procedures for the application for and criteria
for the award of grants under this section; and
(2) adopt guidelines for allowable administrative expenses in
accordance with guidelines established by the advisory committee.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.123, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 887, Sec. 4, eff. Sept.
1, 1995.
Sec. 371.024. COLLECTION FACILITIES. (a) All appropriate
businesses and government agencies are encouraged to serve as
do-it-yourselfer used oil collection centers or used oil
collection centers.
(b) A do-it-yourselfer used oil collection center and a used oil
collection center shall:
(1) register biennially with the commission; and
(2) report annually to the commission the amounts of used oil
collected by the center from the public.
(c) The commission shall adopt rules governing the registration
of and reporting by do-it-yourselfer used oil collection centers
and used oil collection centers.
(d) The commission by rule shall adopt standards for managing
and operating a do-it-yourselfer used oil collection center or a
used oil collection center.
(e) The commission may impose a registration fee in an amount
sufficient to cover the actual cost of registering
do-it-yourselfer used oil collection centers and used oil
collection centers. A private entity that serves voluntarily as a
do-it-yourselfer used oil collection center or a used oil
collection center is exempt from the registration fee.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.124, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 887, Sec. 4, eff. Sept.
1, 1995.
Sec. 371.0245. REIMBURSEMENT OF USED OIL COLLECTION CENTER'S
HAZARDOUS WASTE EXPENSE. (a) The commission, on proper
application, shall reimburse the owner or operator of an eligible
registered do-it-yourselfer used oil collection center or a used
oil collection center for costs associated with the collection
center's disposal of:
(1) household do-it-yourselfer used oil collected by the
collection center that, unknown to the center at the time of
collection, contains hazardous wastes or is unfit for recycling;
(2) household do-it-yourselfer used oil collected by the
collection center that has been commingled with oils described in
Subdivision (1) and is unsuitable for recycling; or
(3) contaminated used oil left at the collection center as used
oil after posted business hours and without the knowledge of the
collection center.
(b) A registered do-it-yourselfer used oil collection center or
used oil collection center is eligible for reimbursement if it
demonstrates to the satisfaction of the commission that:
(1) the center has established procedures to minimize the risk
that the center will mix the used oil the center generates or
collects from the public with hazardous wastes, especially
halogenated wastes;
(2) the center accepts not more than:
(A) five gallons of used oil from any person at any one time if
the center is a registered do-it-yourselfer used oil collection
center; or
(B) 55 gallons of used oil from any person at one time if the
center is a registered used oil collection center; and
(3) the center can document to the satisfaction of the
commission the volume of used oil the center collects from the
public during any period under review by:
(A) providing a process by which all individuals leaving
household do-it-yourselfer used oil at the center are required to
provide their names, addresses, and the approximate amounts of
used oil brought to the collection center; or
(B) another method approved by the commission.
(c) For the purpose of Subsection (b)(2), the owner or operator
of a registered do-it-yourselfer used oil collection center or
used oil collection center may presume that a quantity of used
oil collected from a member of the public that does not exceed
the applicable collection limit established by that subsection is
not mixed with a hazardous substance if the owner or operator
acts in good faith in the belief the oil is generated from the
individual's personal activity.
(d) In any state fiscal year, a registered do-it-yourselfer used
oil collection center or used oil collection center may not be
reimbursed for more than $7,500 in total eligible disposal costs,
subject to Section 371.0246(d).
(e) Reimbursements made under this section shall be paid out of
the used oil recycling account and may not exceed an aggregate
amount of $500,000 each fiscal year.
Added by Acts 1993, 73rd Leg., ch. 899, Sec. 4.07, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 887, Sec. 4, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 333, Sec. 65, eff. Sept.
1, 1997.
Sec. 371.0246. PROCEDURES FOR REIMBURSEMENT. (a) An owner or
operator of a registered do-it-yourselfer used oil collection
center or used oil collection center may apply for reimbursement
from the commission.
(b) An application for reimbursement shall be submitted on a
form approved or provided by the commission.
(c) An application must contain:
(1) the name, address, and telephone number of the applicant;
(2) the name, mailing address, location address, and commission
registration number of the registered do-it-yourselfer used oil
collection center or used oil collection center from which the
contaminated oil was removed;
(3) the name, address, telephone number, and commission
registration number of the hazardous waste transporter used to
dispose of the contaminated used oil;
(4) a copy of any shipping documents that accompanied the
transportation of the shipment of used oil;
(5) a copy of each invoice for which reimbursement is requested
and evidence that the amount shown on the invoice has been paid
in full in the form of:
(A) canceled checks;
(B) business receipts from the person who performed the work; or
(C) other documentation approved by the commission;
(6) a waste-characterization or similar documentation required
before acceptance of a hazardous waste by the disposal facility
that accepted the contaminated used oil for treatment or
disposal; and
(7) any other information that the executive director may
reasonably require.
(d) All claims for reimbursement filed under this section and
Section 371.0245 are subject to funds available for disbursement
in the used oil recycling account and to Section 371.0245(e).
This subchapter does not create an entitlement to money in the
used oil recycling account or any other fund.
Added by Acts 1993, 73rd Leg., ch. 899, Sec. 4.07, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 887, Sec. 4, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 333, Sec. 66, eff. Sept.
1, 1997.
Sec. 371.025. LIMITATION OF LIABILITY. (a) A person may not
recover from the owner, operator, or lessor of a registered
do-it-yourselfer used oil collection center or used oil
collection center any damages or costs of response actions at
another location resulting from a release or threatened release
of used oil collected at the center if:
(1) the owner, operator, or lessor of the collection center does
not mix the used oil collected with any hazardous waste or
polychlorinated biphenyls (PCBs);
(2) the owner, operator, or lessor of the collection center does
not accept used oil that the owner, operator, or lessor knows
contains hazardous waste or PCBs; and
(3) the collection center is in compliance with management
standards adopted by the commission.
(b) For purposes of this section, the owner, operator, or lessor
of a do-it-yourselfer used oil collection center or a used oil
collection center may presume that a quantity of less than five
gallons of used oil accepted at any one time from any member of
the public is not mixed with a hazardous waste or PCBs, provided
that the owner, operator, or lessor acts in good faith.
(c) This section applies only to activities directly related to
the collection of used oil by a do-it-yourselfer used oil
collection center or a used oil collection center. This section
does not apply to grossly negligent activities related to the
operation of a do-it-yourselfer used oil collection center or a
used oil collection center.
(d) This section does not affect or modify the obligations or
liability of any person other than the owner, operator, or lessor
of the collection center under any other provisions of state or
federal law, including common law, for injury or damage resulting
from a release of used oil or hazardous substances.
(e) This section does not affect or modify the obligations or
liability of any owner, operator, or lessor of a collection
center with regard to services other than accepting used oil from
the public.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.125, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 887, Sec. 4, eff. Sept.
1, 1995.
Sec. 371.026. REGISTRATION AND REPORTING REQUIREMENTS OF USED
OIL HANDLERS OTHER THAN GENERATORS. (a) The commission shall
adopt rules governing registration and reporting of used oil
handlers other than generators. The rules shall require that:
(1) a used oil handler other than a generator:
(A) register with the commission;
(B) provide evidence of familiarity with applicable state laws
and rules and management procedures applicable to used oil
handling; and
(C) provide proof of liability insurance or other evidence of
financial responsibility for any liability that may be incurred
in handling used oil, except that this provision does not apply
to a used oil handler which is owned or otherwise effectively
controlled by the owners or operators where the used oil is
generated; and
(2) a used oil processor or rerefiner must report to the
commission, in the form of a letter on a biennial basis by
December 1 of each odd-numbered year, the calendar year covered
by the report and the quantities of used oil accepted for
processing or rerefining and the manner in which the used oil is
processed or rerefined, including the specific processes
employed.
(b) The commission by rule shall adopt reasonable management and
safety standards for the handling of used oil.
(c) The commission may impose a registration fee in an amount
sufficient to cover the actual cost of registering used oil
handlers other than generators.
(d) A used oil transporter may consolidate or aggregate loads of
used oil for purposes of transportation but may not process used
oil, except that a used oil transporter may conduct incidental
processing operations, including settling and water separation,
that occur in the normal course of the transportation of used oil
but that are not designed to produce, or make more amenable for
the production of, used-oil-derived products or used oil fuel.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.126, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 887, Sec. 4, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 389, Sec. 1, eff. Sept. 1,
1997.
Sec. 371.027. GIFTS AND GRANTS. The commission may apply for,
request, solicit, contract for, receive, and accept gifts,
grants, donations, and other assistance from any source to carry
out its powers and duties under this chapter.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.127, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 887, Sec. 4, eff. Sept.
1, 1995.
Sec. 371.028. RULES. Not later than January 1, 1996, the
commission shall adopt rules, standards, and procedures necessary
to implement the used oil recycling program established by this
chapter. Unless otherwise required by federal or state law, the
rules, standards, and procedures must be consistent with and not
more stringent than the used oil management standards under the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section
6901 et seq.).
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.127, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 887, Sec. 4, eff. Sept.
1, 1995.
SUBCHAPTER C. CERTAIN ACTIONS PROHIBITED; PENALTIES
Sec. 371.041. ACTIONS PROHIBITED. A person may not collect,
transport, store, recycle, use, discharge, or dispose of used oil
in any manner that endangers the public health or welfare or
endangers or damages the environment.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. April 1,
1992. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.128, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 887, Sec. 5, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 1072, Sec. 40, eff. Sept. 1,
1997.
SUBCHAPTER D. USED OIL RECYCLING ACCOUNT; FEES
Sec. 371.061. USED OIL RECYCLING ACCOUNT. (a) The used oil
recycling account is in the state treasury.
(b) The account consists of:
(1) fees collected under Sections 371.024, 371.026, and 371.062;
(2) interest and penalties imposed under this chapter for late
payment of fees, failure to file a report, or other violations of
this chapter; and
(3) gifts, grants, donations, or other financial assistance the
commission is authorized to receive under Section 371.027.
(c) The commission may use money in the account only for
purposes authorized by this chapter, including:
(1) public education;
(2) grants to public and private do-it-yourselfer used oil
collection centers and used oil collection centers;
(3) registration of do-it-yourselfer used oil collection
centers, used oil collection centers, and used oil handlers other
than generators; and
(4) administrative costs of implementing this chapter.
(d) The account is exempt from the application of Section
403.095, Government Code.
(e) For the purpose of consolidating appropriations, the
commission may transfer any amount authorized under Subsection
(c)(4) or by legislative appropriation to the waste management
account subject to the limitations and requirements of this
chapter.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 4.06, eff.
Oct. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.131, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 887, Sec. 8, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 333, Sec. 68, eff. Sept. 1,
1997.
Sec. 371.062. FEE ON SALE OF AUTOMOTIVE OIL. (a) In this
section:
(1) "Distributor" means a person who maintains a distribution
center or warehouse in this state and annually sells more than
25,000 gallons of automotive oil.
(2) "First sale" means the first actual sale of automotive oil
delivered to a location in this state and sold to a purchaser who
is not an automotive oil manufacturer or distributor. The term
does not include the sale of automotive oil:
(A) exported from this state to a location outside this state
for the purpose of sale or use outside this state;
(B) for resale to or use by vessels exclusively engaged in
foreign or interstate commerce;
(C) to a subsequent purchaser who maintains a do-it-yourselfer
used oil collection center or used oil collection center
registered by the commission at the location where the automotive
oil is changed, used, consumed, or resold to do-it-yourselfers;
or
(D) to the United States.
(3) "Importer" means any person who imports or causes to be
imported automotive oil into this state for sale, use, or
consumption.
(4) "Oil manufacturer" means any person or entity that
formulates automotive oil and packages, distributes, or sells
that automotive oil. The term includes any person packaging or
repackaging automotive oil.
(b) An oil manufacturer or distributor who makes a first sale of
automotive oil is liable for a fee.
(c) An oil importer who imports or causes to be imported
automotive oil is liable for the fee at the time the oil is
received.
(d) An oil distributor or retailer who exports from this state
to a location outside this state oil on which the automotive oil
fee has been paid may request from his supplier a refund or
credit of the fee paid on the exported oil. The supplier or oil
manufacturer and the importer may in turn request a refund of the
fee paid to the comptroller. The amount of refund that may be
claimed under this section may equal but not exceed the amount of
the fee paid on the automotive oil.
(e) An oil manufacturer, importer, distributor, or retailer who
makes a sale to a vessel or a sale for resale to a vessel of
automotive oil on which the automotive oil fee has been paid may
file with the comptroller a request for refund of the fee paid on
the oil or, where applicable, may request a refund or credit from
the supplier to whom the fee was paid. The supplier may in turn
request a refund from the comptroller. The amount of refund that
may be claimed under this section may equal but not exceed the
amount of the fee paid on the automotive oil.
(f) Each oil manufacturer, distributor, or importer required to
pay a fee under this section shall:
(1) prepare and maintain, on a form provided or approved by the
comptroller, a report of each first sale or, in the case of an
importer, the first receipt in Texas of automotive oil by the
person and the price received;
(2) retain the invoice or a copy of the invoice or other
appropriate record of the sale or receipt for four years from the
date of sale or receipt; and
(3) on or before the 25th day of the month following the end of
each calendar quarter, file a report with the comptroller and
remit to the comptroller the amount of fees required to be paid
for the preceding quarter.
(g) Records required to be maintained under Subsection (f) shall
be available for inspection by the comptroller at all reasonable
times.
(h) The comptroller shall adopt rules necessary for the
administration, collection, reporting, and payment of the fees
payable or collected under this section.
(i) Except as provided by this section, Chapters 101 and 111
through 113, Tax Code, apply to the administration, payment,
collection, and enforcement of fees under this section in the
same manner that those chapters apply to the administration,
payment, collection, and enforcement of taxes under Title 2, Tax
Code.
(j) The fee imposed under this section is one cent per quart or
four cents per gallon of automotive oil.
(k) A person required to pay a fee under this section may retain
one percent of the amount of the fees due from each quarterly
payment as reimbursement for administrative costs.
(l) The comptroller may deduct a percentage of the fees
collected under this section in an amount sufficient to pay the
reasonable and necessary costs of administering and enforcing
this section. The comptroller shall credit the amount deducted to
the general revenue fund. The balance of fees and all penalties
and interest collected under this section shall be deposited to
the credit of the used oil recycling account.
(m) A distributor must obtain a permit from the comptroller. The
comptroller shall adopt an application form for the permit, which
must include:
(1) the name under which the applicant transacts or intends to
transact business;
(2) the location of the applicant's distribution center or
warehouse in this state;
(3) if the applicant is a corporation or partnership, the names
of the principal officers of the corporation or of the members of
the partnership and the address of each officer or member; and
(4) any other information required by the comptroller.
(n) The comptroller may deny or revoke a permit under Subsection
(m) if false information is submitted on the application or on a
required fuels tax report or supplement.
(o) A permit under Subsection (m) may not be assigned.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 8, eff. Sept. 1,
1991. Amended by Acts 1993, 73rd Leg., ch. 899, Sec. 4.09, eff.
Oct. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.132, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 887, Sec. 9; Acts 1997,
75th Leg., ch. 333, Sec. 69, eff. Sept. 1, 1997.
SUBCHAPTER E. FILTER STORAGE, TRANSPORTATION, OR PROCESSING
Sec. 371.101. DEFINITIONS. In this subchapter:
(1) "Bill of lading" means a shipping document that confirms the
receipt of a shipment.
(2) "Bulk filter container" means a portable device that:
(A) is part of an integrated delivery and retrieval system; and
(B) has a capacity greater than 330 gallons.
(3) "Component parts" means the severable parts of an oil filter
and includes oil present in an oil filter.
(4) "Do-it-yourselfer" means an individual who removes a used
oil filter in the process of an oil change or automotive repair
from the engine of a light duty motor vehicle, small utility
engine, noncommercial motor vehicle, or farm equipment owned or
operated by the individual.
(5) "Generator" means a person whose activities produce used oil
filters. The term does not include a do-it-yourselfer.
(6) "Process" means to prepare a used oil filter for recycling,
steel recovery, energy recovery, or proper disposal.
(7) "Processor" means a person that processes used oil filters
generated by another person. The term does not include a
generator that consolidates, drains, or crushes used oil filters
for off-site recycling or disposal.
(8) "Store" means to hold in a location for any period.
(9) "Storage facility" means a location that stores used oil
filters before transportation, processing, recycling, or disposal
of the filters. The term does not include the location of a
generator.
(10) "Transporter" means a person that transports used oil
filters to a location for storage, processing, recycling, or
disposal.
(11) "Used oil filter" means any device that is an integral part
of an oil flow system, the primary purpose of which is to remove
contaminants from flowing oil contained in the system, and that,
as a result of use, has become contaminated and unsuitable for
its original purpose, is removed from service, and contains
entrapped used oil. The term does not include a filter attached
to the equipment containing the oil flow system. This term
continues to apply regardless of prior processing until but not
after the filter has been burned for steel recovery or energy
recovery or it is separated into its component parts.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1,
1999.
Sec. 371.102. APPLICABILITY. (a) This subchapter applies to a
used oil filter only if the filter has not been:
(1) separated into its component parts; or
(2) burned for:
(A) steel recovery; or
(B) energy recovery.
(b) This subchapter does not apply to:
(1) an industrial generator that is:
(A) registered with the commission as an industrial or hazardous
waste facility; or
(B) under the waste management authority of a state agency other
than the commission; or
(2) a do-it-yourselfer.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1,
1999.
Sec. 371.103. GENERAL REQUIREMENTS. (a) A person may not
store, process, or dispose of a used oil filter in a manner that
results in the discharge of oil into soil or water.
(b) A person may not knowingly place on land a used oil filter
that contains oil unless the used oil filter is in a container.
(c) A bulk filter container used to store used oil filters:
(1) must not leak; and
(2) must be securely closed, waterproof, and in good condition.
(d) A used oil filter may not be intentionally or knowingly
placed in or accepted for disposal in a landfill permitted by the
commission.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1,
1999.
Sec. 371.104. REGISTRATION AND REPORTING. (a) A transporter,
storage facility, or processor may not store, process, recycle,
or dispose of used oil filters unless the person is registered
with the commission.
(b) Unless the person is registered with the commission as a
storage facility, a person may not store used oil filters:
(1) that in the aggregate have a volume greater than six
55-gallon drums; or
(2) in more than one bulk filter container.
(c) A registered transporter, storage facility, or processor
shall:
(1) renew the registration biennially; and
(2) report to the commission biennially the number of used oil
filters the person transported, stored, or processed in the two
years preceding the date of the report.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Jan. 1,
2000.
Sec. 371.105. SHIPMENT RECORDS. (a) Each shipment of used oil
filters must be accompanied by a bill of lading that conforms to
commission rules.
(b) In accordance with commission rules, a copy of the bill of
lading for each shipment of used oil filters must be maintained
by the generator of the filters, transporter of the filters,
storage facility at which the filters were stored, and processor
of the filters for at least three years after the date the
filters were transported, stored, or processed.
(c) The copies of the bills of lading must be made available for
the commission to inspect at any reasonable time.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Jan. 1,
2000.
Sec. 371.106. LIMITATIONS ON STORAGE. (a) A storage facility
may not store a used oil filter for more than 120 days.
(b) A transporter may not store a used oil filter for more than
10 days.
(c) A processor may not store a used oil filter for more than 30
days before it is processed.
(d) A processor that stores used oil filters in a container
shall label each container clearly with the phrase "Used Oil
Filters."
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Jan. 1,
2000.
Sec. 371.107. VARIANCES. (a) The commission may grant an
individual variance to allow:
(1) a generator to store used oil filters in a greater aggregate
volume than the volume prescribed by Section 371.104(b); or
(2) a person to store used oil filters for a period longer than
the period prescribed for that person by Section 371.106.
(b) The commission may not grant a variance under this section
for a period of longer than two years.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1,
1999.
Sec. 371.108. SPILL PREVENTION AND CONTROL. Each registered
storage facility and each facility of a registered processor
shall develop a plan to prevent spills and respond to spills in
accordance with the federal spill prevention, control, and
countermeasure requirements provided by Title 40, Code of Federal
Regulations, Part 112, as amended.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1,
1999.
Sec. 371.109. FINANCIAL RESPONSIBILITY. The commission shall
adopt rules requiring a person required to register under Section
371.104 to demonstrate adequate financial responsibility.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Sept. 1,
1999.
Sec. 371.110. CIVIL AND ADMINISTRATIVE PENALTIES. (a)
Notwithstanding Sections 7.052 and 7.102, Water Code, a person
that violates this subchapter or a rule adopted under this
subchapter is liable for a civil penalty of not less than $100 or
more than $500 for each violation and for each day of a
continuing violation.
(b) The commission or the attorney general at the request of the
commission may bring a suit under Subchapter D, Chapter 7, Water
Code, to recover the penalty.
(c) A local government with jurisdiction over the area in which
the violation occurred may bring suit to recover the penalty.
(d) The violation described by Subsection (a) also is subject to
an administrative penalty. The commission may recover the
administrative penalty in a proceeding conducted as provided by
Subchapter C, Chapter 7, Water Code.
Added by Acts 1999, 76th Leg., ch. 366, Sec. 1, eff. Jan. 1,
2000.