1.1                          A bill for an act 
  1.2             relating to the environment; providing for the 
  1.3             collection of used motor oil; amending Minnesota 
  1.4             Statutes 1994, section 325E.10, subdivision 1; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 325E. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 325E.10, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  For the purposes of sections 325E.11 to 
  1.11  325E.113 and this section, the terms defined in this section 
  1.12  have the meanings given them. 
  1.13     Sec. 2.  [325E.112] [USED MOTOR OIL AND USED MOTOR OIL 
  1.14  FILTER COLLECTION.] 
  1.15     Subdivision 1.  [COLLECTION.] (a) Businesses that perform 
  1.16  motor oil changes for private vehicle owners and retailers that 
  1.17  sell more than 3,000 gallons of motor oil per year by individual 
  1.18  location must accept from the public up to five gallons of used 
  1.19  motor oil and five used motor oil filters per person per day 
  1.20  during normal hours of operation unless:  (1) the used motor oil 
  1.21  is known to be contaminated with antifreeze, other hazardous 
  1.22  waste, or other materials which may increase the cost of used 
  1.23  motor oil management and disposal; (2) their storage equipment 
  1.24  for that particular waste is temporarily filled to capacity; or 
  1.25  (3) the used motor oil or used motor oil filters are from a 
  1.26  business.  Persons accepting used motor oil from the public in 
  2.1   accordance with this subdivision shall presume that the used 
  2.2   motor oil is not contaminated with hazardous waste, provided the 
  2.3   person is acting in good faith and the person accepting the used 
  2.4   motor oil does not have proof to the contrary.  Persons 
  2.5   collecting used motor oil from the public must take precautions 
  2.6   to prevent contamination of used motor oil storage equipment.  
  2.7   Precautions may include keeping a log of persons dropping off 
  2.8   used motor oil, securing access to used motor oil storage 
  2.9   equipment, or posting signage at the site indicating the proper 
  2.10  use of the equipment. 
  2.11     (b) Persons required to accept used motor oil and used 
  2.12  motor oil filters may not charge a fee when accepting five or 
  2.13  less gallons of used motor oil and may not charge more than 
  2.14  fifty cents per used motor oil filter accepted. 
  2.15     (c) Persons required to accept used motor oil and used 
  2.16  motor oil filters from the public may contract in writing with 
  2.17  persons operating a used motor oil collection site less than one 
  2.18  mile away from the location where motor oil is sold to accept 
  2.19  used motor oil and used motor oil filters on their behalf, and 
  2.20  must then post a notice indicating the location of the alternate 
  2.21  site in accordance with section 325E.11. 
  2.22     (d) Persons that receive contaminated used motor oil may 
  2.23  manage the used motor oil as household hazardous waste through 
  2.24  publicly administered household hazardous waste collection 
  2.25  programs, with approval from the household hazardous waste 
  2.26  program.  Used motor oil contaminated with hazardous waste from 
  2.27  the public that cannot be managed through a household hazardous 
  2.28  waste collection program must be managed as a hazardous waste in 
  2.29  accordance with Minnesota Rules, chapter 7045. 
  2.30     Subd. 2.  [REIMBURSEMENT PROGRAM.] A contaminated used 
  2.31  motor oil reimbursement program is established to provide 
  2.32  partial reimbursement of the costs of disposing of contaminated 
  2.33  used motor oil.  In order to receive reimbursement, persons who 
  2.34  accept used motor oil from the public or parties that they have 
  2.35  contracted with to accept used motor oil must provide to the 
  2.36  commissioner of the pollution control agency proof of 
  3.1   contamination, information on methods the person used to prevent 
  3.2   the contamination of used motor oil at the site, a copy of the 
  3.3   billing for disposal costs incurred because of the contamination 
  3.4   and proof of payment, and a copy of the hazardous waste manifest 
  3.5   or shipping paper used to transport the waste.  The commissioner 
  3.6   shall reimburse a recipient of contaminated used motor oil 75 
  3.7   percent of the costs of properly disposing of the contaminated 
  3.8   used motor oil.  The commissioner may not reimburse persons who 
  3.9   intentionally place contaminants or do not take precautions to 
  3.10  prevent contaminants from being placed in used motor oil.  
  3.11  Reimbursements made under this subdivision are limited to the 
  3.12  money available in the contaminated used motor oil reimbursement 
  3.13  account. 
  3.14     Subd. 3.  [EDUCATION PROGRAM.] When the commissioner 
  3.15  estimates that all funds available under section 325E.113 will 
  3.16  not be expended for reimbursements, the commissioner may use the 
  3.17  estimated unexpended funds to cover the costs of educating the 
  3.18  public and businesses on the provisions of this section and on 
  3.19  proper management of used motor oil, used motor oil filters, and 
  3.20  other automotive wastes.  
  3.21     Subd. 4.  [LIABILITY EXEMPTION.] Persons who accept used 
  3.22  motor oil and used motor oil filters from the public are exempt 
  3.23  from liability under chapter 115B for the used motor oil, 
  3.24  contaminated used motor oil, and used motor oil filters accepted 
  3.25  under the provisions of subdivision 1, after the used motor oil, 
  3.26  contaminated used motor oil, and used motor oil filters are sent 
  3.27  off-site in compliance with Minnesota Rules, chapter 7045. 
  3.28     Subd. 5.  [ENFORCEMENT.] The commissioner of the pollution 
  3.29  control agency shall enforce compliance with this section under 
  3.30  sections 115.071 and 116.072. 
  3.31     Sec. 3.  [325E.113] [CONTAMINATED USED MOTOR OIL 
  3.32  REIMBURSEMENT ACCOUNT.] 
  3.33     The contaminated used motor oil reimbursement account is 
  3.34  established in the environmental fund for the purposes described 
  3.35  in section 325E.112.  
  3.36     Sec. 4.  [EFFECTIVE DATE.] 
  4.1      Sections 1 and 2 are effective January 1, 1996.