1998 Minnesota Statutes

     325E.112 Used motor oil and used motor oil filter 
  collection. 

    Subdivision 1.    Collection.  (a) Retailers that sell 
 at an individual location more than 1,000 motor oil filters per 
 calendar year at retail for off-site installation must provide 
 for collection of used motor oil and used motor oil filters from 
 the public.  Retailers who do not collect the used motor oil and 
 used motor oil filters at their individual locations may meet 
 the requirement by entering into a written agreement with 
 another party whose location is: 

    (1) within two miles of the retailer's location if the 
 retailer is located: 

    (i) within the Interstate Highway 494/694 beltway; 

    (ii) in a home rule charter or statutory city or a town 
 contiguous to the Interstate Highway 494/694 beltway; or 

    (iii) in a home rule charter or statutory city of over 
 30,000 population within the metropolitan area as defined in 
 section 473.121; or 

    (2) within five miles of the retailer's location if the 
 retailer is not in an area described in clause (1). 

    (b) The written agreement must specify that the other party 
 will accept from the public up to ten gallons of used motor oil 
 and ten used motor oil filters per person per month during 
 normal hours of operation unless: 

    (1) the used motor oil is known to be contaminated with 
 antifreeze, other hazardous waste, or other materials which may 
 increase the cost of used motor oil management and disposal; 

    (2) the storage equipment for that particular waste is 
 temporarily filled to capacity; or 

    (3) the used motor oil or used motor oil filters are from a 
 business.  

    (c) Persons accepting used motor oil from the public in 
 accordance with this subdivision shall presume that the used 
 motor oil is not contaminated with hazardous waste, provided the 
 person offering the used motor oil is acting in good faith and 
 the person accepting the used motor oil does not have evidence 
 to the contrary.  Persons collecting used motor oil from the 
 public must take precautions to prevent contamination of used 
 motor oil storage equipment.  Precautions may include, but are 
 not limited to, keeping a log of persons dropping off used motor 
 oil, securing access to used motor oil storage equipment, or 
 posting signage at the site indicating the proper use of the 
 equipment. 

    (d) Persons accepting used motor oil and used motor oil 
 filters under paragraph (a), including persons accepting the oil 
 and filters on behalf of the retailer, may not charge a fee when 
 accepting ten gallons or less of used motor oil or ten or fewer 
 used motor oil filters per person per month. 

    (e) Persons that receive contaminated used motor oil may 
 manage the used motor oil as household hazardous waste through 
 publicly administered household hazardous waste collection 
 programs, with approval from the household hazardous waste 
 program.  Used motor oil contaminated with hazardous waste from 
 the public that cannot be managed through a household hazardous 
 waste collection program must be managed as a hazardous waste in 
 accordance with rules adopted by the pollution control agency. 

    Subd. 2.    Reimbursement program.  A contaminated used 
 motor oil reimbursement program is established to provide 
 reimbursement of the costs of disposing of contaminated used 
 motor oil.  In order to receive reimbursement, persons who 
 accept used motor oil from the public or parties that they have 
 contracted with to accept used motor oil must provide to the 
 commissioner of the pollution control agency proof of 
 contamination, information on methods the person used to prevent 
 the contamination of used motor oil at the site, a copy of the 
 billing for disposal costs incurred because of the contamination 
 and proof of payment, and a copy of the hazardous waste manifest 
 or shipping paper used to transport the waste.  The commissioner 
 shall reimburse a recipient of contaminated used motor oil 100 
 percent of the costs of properly disposing of the contaminated 
 used motor oil.  The commissioner may not reimburse persons who 
 intentionally place contaminants or do not take precautions to 
 prevent contaminants from being placed in used motor oil, or 
 operate a private collection site that: 

    (1) is not publicly promotable or listed with the agency; 

    (2) does not accept up to five gallons of used motor oil 
 and five used motor oil filters per person per day without 
 charging a fee; or 

    (3) does not control access to the site during times when 
 the site is closed. 

    A person operating a collection site may refuse to accept 
 any used motor oil or used motor oil filter: 

    (1) that is from a business; 

    (2) that appears to be contaminated with antifreeze, 
 hazardous waste, or other materials that may increase the cost 
 of used motor oil management and disposal; or 

    (3) when the storage equipment for that particular waste is 
 temporarily filled. 

 Persons operating government collection sites are eligible for 
 reimbursement of the costs of disposing of contaminated used 
 motor oil.  Reimbursements made under this subdivision are 
 limited to the money available in the contaminated used motor 
 oil reimbursement account. 

    Subd. 2a.    Refund program.  A person who accepts from 
 the public used motor oil and used motor oil filters as defined 
 in section 325E.10, subdivisions 3 and 5, may apply for a refund 
 of $250 for the year in which the person operates a facility 
 that qualifies for the reimbursement under subdivision 2, or 
 would qualify for the reimbursement except that it does not 
 accept contaminated motor oil.  The refund is issued by the 
 department of revenue.  In order to claim the refund, the 
 applicant must provide the commissioner of revenue with a copy 
 of a certificate issued to the applicant by the commissioner of 
 the pollution control agency verifying the applicant's 
 eligibility for the refund, and other information as the 
 commissioner may prescribe.  The commissioner of the pollution 
 control agency may issue no more than 200 certificates for any 
 calendar year.  The amount necessary to pay the refunds under 
 this subdivision is appropriated to the commissioner of revenue 
 an amount from the general fund. 

    Subd. 3.    Education program.  When the commissioner 
 estimates that all funds available under section 325E.113 will 
 not be expended for reimbursements, the commissioner may use the 
 estimated unexpended funds to cover the costs of educating the 
 public and businesses on the provisions of this section and on 
 proper management of used motor oil, used motor oil filters, and 
 other automotive wastes.  

    Subd. 4.    Liability exemption.  Persons who accept 
 used motor oil and used motor oil filters from the public are 
 exempt from liability under chapter 115B for the used motor oil, 
 contaminated used motor oil, and used motor oil filters accepted 
 under the provisions of subdivision 1, after the used motor oil, 
 contaminated used motor oil, and used motor oil filters are sent 
 off-site in compliance with rules adopted by the pollution 
 control agency. 

    Subd. 5.    Enforcement.  The commissioner of the 
 pollution control agency shall enforce compliance with this 
 section under sections 115.071 and 116.072. 

    HIST: 1995 c 220 s 120; 1997 c 216 s 134; 1998 c 389 art 16 s 
 16 

*   NOTE:  Subdivision 1, as added by Laws 1995, chapter 220, 
*section 120, is effective July 1, 1999.  Laws 1995, chapter 220, 
*section 142, as amended by Laws 1996, chapter 351, section 1.