HF 1102

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; revising the plan for the 
  1.3             collection and recycling of used motor oil and 
  1.4             filters; amending Minnesota Statutes 1996, sections 
  1.5             325E.10, subdivision 2, and by adding subdivisions; 
  1.6             325E.11; and 325E.112, subdivision 2; Laws 1996, 
  1.7             chapter 351, section 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 325E.10, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  "Motor oil" means petroleum based oil used as a 
  1.12  lubricant or hydraulics in a transmission or internal combustion 
  1.13  engine motor vehicle as defined in section 168.011, subdivision 
  1.14  4. 
  1.15     Sec. 2.  Minnesota Statutes 1996, section 325E.10, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 2a.  "Motor oil filter" means any filter used in 
  1.18  combination with motor oil. 
  1.19     Sec. 3.  Minnesota Statutes 1996, section 325E.10, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 5.  "Used motor oil filter" means a motor oil filter 
  1.22  which through use, storage, or handling has become unsuitable 
  1.23  for its original purpose due to the presence of impurities or 
  1.24  loss of original properties. 
  1.25     Sec. 4.  Minnesota Statutes 1996, section 325E.11, is 
  1.26  amended to read: 
  2.1      325E.11 [COLLECTION FACILITIES; NOTICE.] 
  2.2      (a) Any person selling at retail or offering motor oil or 
  2.3   motor oil filters for retail sale in this state shall: 
  2.4      (1) post a notice indicating the nearest location where 
  2.5   used motor oil and used motor oil filters may be returned at no 
  2.6   cost for recycling or reuse, post a toll-free telephone number 
  2.7   that may be called by the public to determine a convenient 
  2.8   location, or post a listing of locations where used motor oil 
  2.9   and used motor oil filters may be returned at no cost for 
  2.10  recycling or reuse; or 
  2.11     (2) if the person is subject to section 325E.112, post a 
  2.12  notice informing customers purchasing motor oil or motor oil 
  2.13  filters of the location of the used motor oil and used motor oil 
  2.14  filter collection site established by the retailer in accordance 
  2.15  with section 325E.112 where used motor oil and used motor oil 
  2.16  filters may be returned at no cost. 
  2.17     (b) A notice under paragraph (a) shall be posted on or 
  2.18  adjacent to the motor oil and motor oil filter displays, be at 
  2.19  least 8-1/2 inches by 11 inches in size, contain the universal 
  2.20  recycling symbol with the following language: 
  2.21     (1) "It is illegal to put used oil and used motor oil 
  2.22  filters in the garbage."; 
  2.23     (2) "Recycle your used oil and used motor oil filters."; 
  2.24  and 
  2.25     (3)(i) "There is a free collection site here for your used 
  2.26  oil and used motor oil filters."; or 
  2.27     (ii) "There is a free collection site for used oil and used 
  2.28  motor oil filters located at (name of business and street 
  2.29  address)." 
  2.30     (c) The division of weights and measures under the 
  2.31  department of public service shall enforce compliance with this 
  2.32  section as provided in section 239.54.  The pollution control 
  2.33  agency shall enforce compliance with this section under sections 
  2.34  115.071 and 116.072 in coordination with the division of weights 
  2.35  and measures. 
  2.36     Sec. 5.  Minnesota Statutes 1996, section 325E.112, 
  3.1   subdivision 2, is amended to read: 
  3.2      Subd. 2.  [REIMBURSEMENT PROGRAM.] A contaminated used 
  3.3   motor oil reimbursement program is established to provide 
  3.4   partial reimbursement of the costs of disposing of contaminated 
  3.5   used motor oil.  In order to receive reimbursement, persons who 
  3.6   accept used motor oil from the public or parties that they have 
  3.7   contracted with to accept used motor oil must provide to the 
  3.8   commissioner of the pollution control agency proof of 
  3.9   contamination, information on methods the person used to prevent 
  3.10  the contamination of used motor oil at the site, a copy of the 
  3.11  billing for disposal costs incurred because of the contamination 
  3.12  and proof of payment, and a copy of the hazardous waste manifest 
  3.13  or shipping paper used to transport the waste.  The commissioner 
  3.14  shall reimburse a recipient of contaminated used motor oil 90 
  3.15  100 percent of the costs of properly disposing of the 
  3.16  contaminated used motor oil.  The commissioner may not reimburse 
  3.17  persons who intentionally place contaminants or do not take 
  3.18  precautions to prevent contaminants from being placed in used 
  3.19  motor oil, or operate a private collection site that is not 
  3.20  publicly promotable or listed with the agency.  A person 
  3.21  operating a collection site must, except under unusual 
  3.22  circumstances, accept up to five gallons of used motor oil and 
  3.23  five used motor oil filters per person without charging a fee, 
  3.24  but may refuse to accept any used motor oil that is from a 
  3.25  business, or appears to be contaminated with antifreeze, 
  3.26  hazardous waste, or other materials that may increase the cost 
  3.27  of used motor oil management and disposal.  A person operating a 
  3.28  collection site must have staff at the site and must control 
  3.29  access to the public during times when the site is closed.  
  3.30  Persons operating government collection sites are eligible for 
  3.31  reimbursement of the costs of disposing of contaminated used 
  3.32  motor oil.  Reimbursements made under this subdivision are 
  3.33  limited to the money available in the contaminated used motor 
  3.34  oil reimbursement account. 
  3.35     Sec. 6.  Laws 1996, chapter 351, section 2, is amended to 
  3.36  read: 
  4.1      Sec. 2.  [PLAN RECYCLING GOALS AND ACTIONS.] 
  4.2      (a) By September 1, 1996, an industry group representing 
  4.3   retailers and manufacturers in Minnesota that sell motor oil and 
  4.4   motor oil filters shall submit a list to the commissioner of the 
  4.5   pollution control agency of all existing current sites that 
  4.6   collect used motor oil, used motor oil filters, or both, from 
  4.7   the public, delineating which sites collect for free, that can 
  4.8   be publicly promoted 
  4.9      (b) By September 1, 1996, an industry group representing 
  4.10  retailers and manufacturers that sell motor oil and motor oil 
  4.11  filters shall submit to the commissioner of the pollution 
  4.12  control agency a plan for a collection and recycling system for 
  4.13  used motor oil and used motor oil filters generated by the 
  4.14  public under which: 
  4.15     (1) at least 90 percent of state residents outside the 
  4.16  seven-county metropolitan area would have access to a free 
  4.17  collection site for used motor oil and used motor oil filters 
  4.18  within 25 miles of their residences; 
  4.19     (2) at least 90 percent of state residents within the 
  4.20  seven-county metropolitan area and state residents of cities 
  4.21  with populations of greater than 2,000 residents would have 
  4.22  access to a free collection site for used motor oil and used 
  4.23  motor oil filters within five miles of their residences; and 
  4.24     (3) at least one free collection site for used motor oil 
  4.25  and used motor oil filters generated by the public would be 
  4.26  located in each county 
  4.27     (c) The plan required in paragraph (b) must include: 
  4.28     (1) an explanation of the proposed system for collecting 
  4.29  and recycling used motor oil and used motor oil filters; 
  4.30     (2) a clear assignment of responsibility and accountability 
  4.31  for implementation; 
  4.32     (3) a strategy for educating the parties responsible for 
  4.33  implementing the plan; 
  4.34     (4) a strategy for educating the public on how to recycle 
  4.35  used motor oil and used motor oil filters; 
  4.36     (5) a description of government's role, if any; and 
  5.1      (6) recommendations for legislation, if necessary. 
  5.2      (d) The plan must be implemented by June 1, 1997, and the 
  5.3   requirements in paragraph (b), clauses (1) to (3), must be met 
  5.4   by December 31, 1997.  The industry group must also submit a 
  5.5   list of sites that collect used motor oil and used motor oil 
  5.6   filters from the public, specifying those sites that collect 
  5.7   used motor oil and used motor filters for free, to the pollution 
  5.8   control agency by December 31, 1997.  The agency must be 
  5.9   informed by the industry group when sites begin and cease to 
  5.10  collect, or charge for the collection of, used motor oil and 
  5.11  used motor oil filters from the public, in order to allow the 
  5.12  agency to provide the public with accurate information regarding 
  5.13  collection sites. 
  5.14     (e) The industry group and the agency shall monitor the 
  5.15  effects of the collection system set forth in the plan required 
  5.16  in paragraph (b) to determine whether the requirements in 
  5.17  clauses (1) to (3) of that paragraph have been met.  By November 
  5.18  1, 1998, the industry group shall submit information to the 
  5.19  agency on the amount of used oil and the number of used oil 
  5.20  filters collected.  
  5.21     Subdivision 1.  (a) The following recycling or reuse goals 
  5.22  shall be considered met if the actions in this subdivision are 
  5.23  initiated by the identified parties on or before September 1, 
  5.24  1997, and are fully completed by December 31, 1998.  
  5.25  Additionally, the goals in paragraph (b) must be met in at least 
  5.26  50 percent of counties by December 31, 1997; 75 percent by June 
  5.27  1, 1998; and 100 percent by December 31, 1998. 
  5.28     (b) Motor oil and motor oil filter manufacturers and 
  5.29  retailers shall ensure that: 
  5.30     (1) at least 90 percent of residents within the 
  5.31  seven-county metropolitan area and residents of cities and towns 
  5.32  with populations greater than 1,500 have access to a free 
  5.33  nongovernment collection site for used motor oil and used motor 
  5.34  oil filters within five miles of their residences; and 
  5.35     (2) at least one free nongovernment collection site for 
  5.36  used motor oil and used motor oil filters generated by the 
  6.1   public would be located in each county. 
  6.2      (c) Motor oil and motor oil filter manufacturers and 
  6.3   retailers shall inform the public about environmental problems 
  6.4   and proper disposal practices associated with used motor oil and 
  6.5   used motor oil filters.  At a minimum, this shall include public 
  6.6   service announcements designed to reach residents of the state 
  6.7   that generate used motor oil and used motor oil filters. 
  6.8      (d) The commissioner of the pollution control agency shall, 
  6.9   by December 31, 1997, and at least annually thereafter or more 
  6.10  frequently if deemed necessary, request motor oil and motor oil 
  6.11  filter manufacturers and retailers, persons who haul used motor 
  6.12  oil and used motor oil filters, and nongovernment persons who 
  6.13  accept used motor oil and used motor oil filters from the public 
  6.14  to provide an updated list of all existing sites that collect 
  6.15  used motor oil, used motor oil filters, or both, from the 
  6.16  public, delineating for public promotion which sites collect for 
  6.17  free.  The commissioner shall use this information to determine 
  6.18  whether the parties identified in paragraph (b) have met the 
  6.19  goals listed in that paragraph.  Persons who accept used motor 
  6.20  oil and used motor oil filters from the public shall cooperate 
  6.21  with manufacturers and retailers of motor oil and motor oil 
  6.22  filters to inform the agency within ten days of initiating or 
  6.23  ceasing to collect used motor oil or used motor oil filters from 
  6.24  the public.  The information shall be provided in a form and 
  6.25  manner prescribed by the commissioner. 
  6.26     (e) Motor oil filter manufacturers shall disclose to 
  6.27  retailers whether lead has been intentionally introduced in 
  6.28  manufacturing, and retailers shall not knowingly sell motor oil 
  6.29  filters containing lead intentionally introduced in 
  6.30  manufacturing. 
  6.31     Subd. 2.  The commissioner of the pollution control agency 
  6.32  may appoint an advisory group of diverse interests to assist the 
  6.33  agency with experimentation with various approaches to public 
  6.34  education, financial incentives, waste management, and other 
  6.35  issues that might affect the effectiveness of recycling 
  6.36  efforts.  The commissioner may request parties responsible for 
  7.1   meeting the recycling goals in subdivision 1 to voluntarily pay 
  7.2   for some of the experimentation costs.  The existence of this 
  7.3   advisory group in no way relieves the parties identified in 
  7.4   subdivision 1 of responsibility for meeting the goals listed in 
  7.5   that subdivision.  The commissioner of the pollution control 
  7.6   agency shall appoint an advisory group chair. 
  7.7      (f) Subd. 3.  By January 15, 1999, the commissioner of the 
  7.8   pollution control agency shall report to the environment and 
  7.9   natural resources committees of the senate and the house of 
  7.10  representatives on the amount of used motor oil and used motor 
  7.11  oil filters being recycled and whether the requirements goals in 
  7.12  paragraph (b), clauses (1) to (3), subdivision 1 have been met 
  7.13  and recommend whether the mandate for retailers of motor oil and 
  7.14  filters described in Minnesota Statutes, section 325E.112, 
  7.15  subdivision 1, is needed to achieve the recycling goals. 
  7.16     Sec. 7.  [EFFECTIVE DATE.] 
  7.17     Sections 1 to 6 are effective the day following final 
  7.18  enactment.