19-6-710 - Registration and permitting of used oil handlers.
19-6-710. Registration and permitting of used oil handlers.
(1) (a) A person may not operate a DIYer used oil collection center or used oil collectioncenter without holding a registration number issued by the executive secretary.
(b) The application for registration shall include the following information regarding theDIYer used oil collection center or used oil collection center:
(i) the name and address of the operator;
(ii) the location of the center;
(iii) whether the center will accept DIYer used oil;
(iv) the type of containment or storage to be used;
(v) the status of business, zoning, and other applicable licenses and permits required byfederal, state, and local governmental entities;
(vi) emergency spill containment plan;
(vii) proof of liability insurance or other means of financial responsibility in an amountdetermined by board rule for any liability that may be incurred in collecting or storing the usedoil, unless waived by the board; and
(viii) any other information the executive secretary finds necessary to ensure the safehandling of used oil.
(c) The owner or operator of the center shall notify the executive secretary in writing ofany changes in the information submitted to apply for registration within 20 days of the change.
(d) To be reimbursed under Section 19-6-717 for collected DIYer used oil, the operatorof the DIYer used oil collection center shall maintain and submit to the executive secretaryrecords of volumes of DIYer used oil picked up by a permitted used oil transporter, the dates ofpickup, and the name and federal EPA identification number of the transporter.
(2) (a) A person may not act as a used oil transporter or operate a transfer facility withoutholding a permit issued by the executive secretary.
(b) The application for a permit shall include the following information regarding actingas a transporter or operating a transfer facility:
(i) the name and address of the operator;
(ii) the location of the transporter's base of operations or the location of the transferfacility;
(iii) maps of all transfer facilities;
(iv) the methods to be used for collecting, storing, and delivering used oil;
(v) the methods to be used to determine if used oil received by the transporter or facilityis on-specification or off-specification;
(vi) the type of containment or storage to be used;
(vii) the methods of disposing of the waste by-products;
(viii) the status of business, zoning, and other applicable licenses and permits required byfederal, state, and local government entities;
(ix) emergency spill containment plan;
(x) proof of liability insurance or other means of financial responsibility in an amountdetermined by board rule for any liability that may be incurred in collecting, transporting, orstoring the used oil;
(xi) proof of form and amount of reclamation surety for any facility used in conjunctionwith transportation or storage of used oil; and
(xii) any other information the executive secretary finds necessary to ensure the safe
handling of used oil.
(c) The owner or operator of the facility shall notify the executive secretary in writing ofany changes in the information submitted to apply for a permit within 20 days of the change.
(3) (a) A person may not operate a used oil processing or rerefining facility withoutholding a permit issued by the executive secretary.
(b) The application for a permit shall include the following information regarding theused oil processing or rerefining facility:
(i) the name and address of the operator;
(ii) the location of the facility;
(iii) a map of the facility;
(iv) methods to be used to determine if used oil is on-specification or off-specification;
(v) the type of containment or storage to be used;
(vi) the grades of oil to be produced;
(vii) the methods of disposing of the waste by-products;
(viii) the status of business, zoning, and other applicable licenses and permits required byfederal, state, and local governmental entities;
(ix) emergency spill containment plan;
(x) proof of liability insurance or other means of financial responsibility in an amountdetermined by board rule for any liability that may be incurred in processing or rerefining usedoil;
(xi) proof of form and amount of reclamation surety; and
(xii) any other information the executive secretary finds necessary to ensure the safehandling of used oil.
(c) The owner or operator of the facility shall notify the executive secretary in writing ofany changes in the information submitted to apply for a permit within 20 days of the change.
(4) (a) A person may not act as a used oil fuel marketer without holding a registrationnumber issued by the executive secretary.
(b) The application for a registration number shall include the following informationregarding acting as a used oil fuel marketer:
(i) the name and address of the marketer;
(ii) the location of any facilities used by the marketer to collect, transport, process, orstore used oil subject to separate permits under this part;
(iii) the status of business, zoning, and other applicable licenses and permits required byfederal, state, and local governmental entities, including any registrations or permits requiredunder this part to collect, process, transport, or store used oil; and
(iv) any other information the executive secretary finds necessary to ensure the safehandling of used oil.
(c) The owner or operator of the facility shall notify the executive secretary in writing ofany changes in the information submitted to apply for a permit within 20 days of the change.
(5) (a) Unless exempted under Subsection 19-6-708(2), a person may not burn used oilfor energy recovery without holding a permit issued by the executive secretary or an authorizationfrom the department.
(b) The application for a permit shall include the following information regarding theused oil burning facility:
(i) the name and address of the operator;
(ii) the location of the facility;
(iii) methods to be used to determine if used oil is on-specification or off-specification;
(iv) the type of containment or storage to be used;
(v) the type of burner to be used;
(vi) the methods of disposing of the waste by-products;
(vii) the status of business, zoning, and other applicable licenses and permits required byfederal, state, and local governmental entities;
(viii) emergency spill containment plan;
(ix) proof of liability insurance or other means of financial responsibility in an amountdetermined by board rule for any liability that may be incurred in processing or rerefining usedoil;
(x) proof of form and amount of reclamation surety for any facility receiving and burningused oil; and
(xi) any other information the executive secretary finds necessary to ensure the safehandling of used oil.
(c) The owner or operator of the facility shall notify the executive secretary in writing ofany changes in the information submitted to apply for a permit within 20 days of the change.
Amended by Chapter 186, 1997 General Session