SF 1045

as introduced - 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, section 
  1.5             325E.112, subdivision 2; Laws 1996, chapter 351, 
  1.6             section 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 325E.112, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [REIMBURSEMENT PROGRAM.] A contaminated used 
  1.11  motor oil reimbursement program is established to provide 
  1.12  partial reimbursement of the costs of disposing of contaminated 
  1.13  used motor oil.  In order to receive reimbursement, persons who 
  1.14  accept used motor oil from the public or parties that they have 
  1.15  contracted with to accept used motor oil must provide to the 
  1.16  commissioner of the pollution control agency proof of 
  1.17  contamination, information on methods the person used to prevent 
  1.18  the contamination of used motor oil at the site, a copy of the 
  1.19  billing for disposal costs incurred because of the contamination 
  1.20  and proof of payment, and a copy of the hazardous waste manifest 
  1.21  or shipping paper used to transport the waste.  The commissioner 
  1.22  shall reimburse a recipient of contaminated used motor oil 90 
  1.23  100 percent of the costs of properly disposing of the 
  1.24  contaminated used motor oil.  The commissioner may not reimburse 
  1.25  persons who intentionally place contaminants or do not take 
  1.26  precautions to prevent contaminants from being placed in used 
  2.1   motor oil.  Reimbursements made under this subdivision are 
  2.2   limited to the money available in the contaminated used motor 
  2.3   oil reimbursement account. 
  2.4      Sec. 2.  Laws 1996, chapter 351, section 2, is amended to 
  2.5   read: 
  2.6      Sec. 2.  [PLAN RECYCLING GOALS AND ACTIONS.] 
  2.7      (a) By September 1, 1996, an industry group representing 
  2.8   retailers and manufacturers in Minnesota that sell motor oil and 
  2.9   motor oil filters shall submit a list to the commissioner of the 
  2.10  pollution control agency of all existing current sites that 
  2.11  collect used motor oil, used motor oil filters, or both, from 
  2.12  the public, delineating which sites collect for free, that can 
  2.13  be publicly promoted 
  2.14     (b) By September 1, 1996, an industry group representing 
  2.15  retailers and manufacturers that sell motor oil and motor oil 
  2.16  filters shall submit to the commissioner of the pollution 
  2.17  control agency a plan for a collection and recycling system for 
  2.18  used motor oil and used motor oil filters generated by the 
  2.19  public under which: 
  2.20     (1) at least 90 percent of state residents outside the 
  2.21  seven-county metropolitan area would have access to a free 
  2.22  collection site for used motor oil and used motor oil filters 
  2.23  within 25 miles of their residences; 
  2.24     (2) at least 90 percent of state residents within the 
  2.25  seven-county metropolitan area and state residents of cities 
  2.26  with populations of greater than 2,000 residents would have 
  2.27  access to a free collection site for used motor oil and used 
  2.28  motor oil filters within five miles of their residences; and 
  2.29     (3) at least one free collection site for used motor oil 
  2.30  and used motor oil filters generated by the public would be 
  2.31  located in each county 
  2.32     (c) The plan required in paragraph (b) must include: 
  2.33     (1) an explanation of the proposed system for collecting 
  2.34  and recycling used motor oil and used motor oil filters; 
  2.35     (2) a clear assignment of responsibility and accountability 
  2.36  for implementation; 
  3.1      (3) a strategy for educating the parties responsible for 
  3.2   implementing the plan; 
  3.3      (4) a strategy for educating the public on how to recycle 
  3.4   used motor oil and used motor oil filters; 
  3.5      (5) a description of government's role, if any; and 
  3.6      (6) recommendations for legislation, if necessary. 
  3.7      (d) The plan must be implemented by June 1, 1997, and the 
  3.8   requirements in paragraph (b), clauses (1) to (3), must be met 
  3.9   by December 31, 1997.  The industry group must also submit a 
  3.10  list of sites that collect used motor oil and used motor oil 
  3.11  filters from the public, specifying those sites that collect 
  3.12  used motor oil and used motor filters for free, to the pollution 
  3.13  control agency by December 31, 1997.  The agency must be 
  3.14  informed by the industry group when sites begin and cease to 
  3.15  collect, or charge for the collection of, used motor oil and 
  3.16  used motor oil filters from the public, in order to allow the 
  3.17  agency to provide the public with accurate information regarding 
  3.18  collection sites. 
  3.19     (e) The industry group and the agency shall monitor the 
  3.20  effects of the collection system set forth in the plan required 
  3.21  in paragraph (b) to determine whether the requirements in 
  3.22  clauses (1) to (3) of that paragraph have been met.  By November 
  3.23  1, 1998, the industry group shall submit information to the 
  3.24  agency on the amount of used oil and the number of used oil 
  3.25  filters collected.  
  3.26     Subdivision 1.  By December 31, 1998, the following goals 
  3.27  for recycling or reusing used motor oil and used motor oil 
  3.28  filters shall be met: 
  3.29     (1) at least 90 percent of state residents outside the 
  3.30  seven-county metropolitan area have access to a free 
  3.31  nongovernment collection site for used motor oil and used motor 
  3.32  oil filters within 25 miles of their residences; 
  3.33     (2) at least 90 percent of residents within the 
  3.34  seven-county metropolitan area and residents of cities and towns 
  3.35  with populations greater than 2,000 have access to a free 
  3.36  nongovernment collection site for used motor oil and used motor 
  4.1   oil filters within five miles of their residences; 
  4.2      (3) at least one free nongovernment collection site for 
  4.3   used motor oil and used motor oil filters generated by the 
  4.4   public is located in each county; 
  4.5      (4) locations of collection sites for used motor oil and 
  4.6   used motor oil filters are made available to the public; 
  4.7      (5) residents who generate used motor oil and used motor 
  4.8   oil filters are informed about environmental problems and proper 
  4.9   disposal practices associated with used motor oil and used motor 
  4.10  oil filters; and 
  4.11     (6) manufacturers and retailers sell in this state motor 
  4.12  oil filters free of lead intentionally introduced in 
  4.13  manufacturing. 
  4.14     Subd. 2.  (a) The recycling or reuse goals in subdivision 1 
  4.15  shall be met if the actions in this subdivision are initiated on 
  4.16  or before September 1, 1997, and completed by December 31, 1998. 
  4.17     (b) Motor oil and motor oil filter manufacturers and 
  4.18  retailers, nongovernment persons who accept used motor oil and 
  4.19  motor oil filters from the public, and reprocessors of used 
  4.20  motor oil and used motor oil filters shall ensure that: 
  4.21     (1) at least 90 percent of state residents outside the 
  4.22  seven-county metropolitan area have access to a free 
  4.23  nongovernment collection site for used motor oil and used motor 
  4.24  oil filters within 25 miles of their residences; 
  4.25     (2) at least 90 percent of residents within the 
  4.26  seven-county metropolitan area and residents of cities and towns 
  4.27  with populations greater than 2,000 have access to a free 
  4.28  nongovernment collection site for used motor oil and used motor 
  4.29  oil filters within five miles of their residences; and 
  4.30     (3) at least one free nongovernment collection site for 
  4.31  used motor oil and used motor oil filters generated by the 
  4.32  public would be located in each county. 
  4.33     (c) Motor oil and motor oil filter retailers and 
  4.34  nongovernment persons who accept used motor oil and used motor 
  4.35  oil filters from the public shall inform customers of the 
  4.36  location of used motor oil and used motor oil filter collection 
  5.1   sites.  Retailers shall inform customers by posting a sign 
  5.2   indicating a nearby location where used motor oil and filters 
  5.3   may be returned by their customers at no cost for recycling. 
  5.4      (d) Motor oil and motor oil filter manufacturers and 
  5.5   retailers, nongovernment persons who accept used motor oil and 
  5.6   used motor oil filters from the public, and reprocessors of used 
  5.7   motor oil and used motor oil filters, shall inform the public 
  5.8   about environmental problems and proper disposal practices 
  5.9   associated with used motor oil and used motor oil filters.  At a 
  5.10  minimum, this shall include public service announcements 
  5.11  designed to reach residents of the state that generate used 
  5.12  motor oil and used motor oil filters. 
  5.13     (e) The commissioner of the pollution control agency shall 
  5.14  at least annually, and more frequently if deemed necessary, 
  5.15  request motor oil and motor oil filter manufacturers and 
  5.16  retailers and nongovernment persons who accept used motor oil 
  5.17  and used motor oil filters from the public to provide an updated 
  5.18  list of all existing sites that collect used motor oil, used 
  5.19  motor oil filters, or both, from the public, delineating for 
  5.20  public promotion which sites collect for free and the volumes of 
  5.21  used motor oil and used motor oil filters collected.  The 
  5.22  information shall be provided in a form and manner prescribed by 
  5.23  the commissioner. 
  5.24     (f) Motor oil filter manufacturers shall disclose to 
  5.25  retailers whether lead has been intentionally introduced in 
  5.26  manufacturing, and retailers shall ensure that no motor oil 
  5.27  filters containing lead intentionally introduced in 
  5.28  manufacturing are sold in this state. 
  5.29     Subd. 3.  By September 1, 1997, the commissioner of the 
  5.30  pollution control agency shall appoint a task force under 
  5.31  Minnesota Statutes, section 15.059, to share information, 
  5.32  coordinate, and stimulate efforts to meet the recycling goals in 
  5.33  subdivision 1.  The task force shall, at a minimum, include a 
  5.34  representative from retailers and manufacturers of motor oil and 
  5.35  motor oil filters, persons who transport used motor oil and used 
  5.36  motor oil filters, persons who reprocess used motor oil and used 
  6.1   motor oil filters, persons who accept used motor oil and used 
  6.2   motor oil filters from the public, members of the public that 
  6.3   generate used motor oil and used motor oil filters, 
  6.4   representatives from environmental protection groups, local 
  6.5   government, the office of environmental assistance, and the 
  6.6   agency.  The commissioner of the pollution control agency shall 
  6.7   appoint a task force chair.  The task force shall: 
  6.8      (1) by October 1, 1997, identify areas of the state which 
  6.9   do not meet the recycling goals in subdivision 1; 
  6.10     (2) by December 1, 1997, stimulate development of 
  6.11  nongovernment collection centers in areas of the state which are 
  6.12  not currently meeting the recycling goals; and 
  6.13     (3) coordinate implementation of specific pilot projects 
  6.14  designed to help areas of the state which are not currently 
  6.15  meeting the recycling goals.  Pilot projects may include 
  6.16  experimentation with various approaches to public education, use 
  6.17  of government or privately run collection centers, financial 
  6.18  incentives for collection and reprocessing centers, and other 
  6.19  issues which might affect the effectiveness of recycling 
  6.20  efforts.  At least one pilot project shall be in the 
  6.21  seven-county metropolitan area, a city or town with a population 
  6.22  greater than 2,000, and a rural area. 
  6.23     (f) Subd. 4.  By January 15, 1999, the commissioner of the 
  6.24  pollution control agency shall report to the environment and 
  6.25  natural resources committees of the senate and the house of 
  6.26  representatives on the amount of used motor oil and used motor 
  6.27  oil filters being recycled and whether the requirements goals in 
  6.28  paragraph (b), clauses (1) to (3), subdivision 1 have been met. 
  6.29     Sec. 3.  [EFFECTIVE DATE.] 
  6.30     Sections 1 and 2 are effective the day following final 
  6.31  enactment.