Bill Text: NY A06616 | 2017-2018 | General Assembly | Amended

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Bill Title: Prohibits the sale of used oil and establishes civil and criminal penalties.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2017-06-07 - reported referred to codes [A06616 Detail]

Download: New_York-2017-A06616-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6616--A
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 10, 2017
                                       ___________
        Introduced by M. of A. GJONAJ, MURRAY, HOOPER, HARRIS -- Multi-Sponsored
          by  --  M.  of A. D'URSO -- read once and referred to the Committee on
          Environmental Conservation  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the sale of used oil and to establishing civil and  crimi-
          nal penalties
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 23-2308 of the environmental conservation  law,  as
     2  amended  by  chapter  118  of  the  laws  of 1993, is amended to read as
     3  follows:
     4  § 23-2308. Prohibited disposal or sale of used oil.
     5    1. No person shall engage in the improper disposal of used  oil.  Used
     6  oil  shall only be deposited in an available used oil retention facility
     7  or disposed of as otherwise authorized or permitted by the commissioner.
     8    The provisions of this section shall not apply to the use of used  oil
     9  for maintenance or lubrication of agricultural equipment.
    10    2.  No  person shall sell or offer for sale a used oil disposal kit or
    11  product which is comprised of absorbent material into which  the  lubri-
    12  cating  oil  from a vehicle is drained when performing an oil change and
    13  which is intended for disposal into the solid waste stream  rather  than
    14  for reuse or recycling.
    15    3.  No person shall sell or offer for sale used oil, other than to oil
    16  rerefining facilities.
    17    4. No used oil collector shall transfer used oil, other than to  rere-
    18  fining  facilities or a facility permitted to dispose of used oil by the
    19  commissioner.
    20    § 2.  Section 71-2201 of the environmental conservation law, as  added
    21  by  chapter  740 of the laws of 1978, the opening paragraph and subdivi-
    22  sion 1 as amended and subdivision 3 as added by chapter 901 of the  laws
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10480-03-7
        A. 6616--A                          2
     1  of  1983  and subdivision 4 as added by chapter 294 of the laws of 1991,
     2  is amended and a new section 71-2203 is added to read as follows:
     3  § 71-2201. Enforcement of title 23 of article 23 of this chapter.
     4    [Administrative and civil sanctions.] Violations, civil liability.
     5    1.  Any  person who violates any of the provisions of, or who fails to
     6  perform any duty imposed by title 23 of article 23 except  the  duty  to
     7  accept  used  oil  pursuant to section 23-2307 [or any person subject to
     8  section 23-2308 or any rule or regulation promulgated pursuant thereto],
     9  or any term or condition of any certificate or  permit  issued  pursuant
    10  thereto,  or  any  final determination or order of the commissioner made
    11  pursuant to this section shall be liable for  a  civil  penalty  not  to
    12  exceed  one  thousand  dollars for each such violation and an additional
    13  penalty of not more than five hundred dollars for each day during  which
    14  such  violation  continues,  to  be assessed by the commissioner after a
    15  hearing or opportunity to be heard pursuant to the provisions of section
    16  71-1709 of this chapter, and, in addition thereto, such  person  may  by
    17  similar  process  be  enjoined  from  continuing  such violation and any
    18  permit or certificate issued to such person may be revoked or  suspended
    19  or a pending renewal application denied.
    20    2.  Any  person who refuses to accept used oil as required pursuant to
    21  subdivision two of section 23-2307 shall be liable for a  civil  penalty
    22  not to exceed one hundred dollars.
    23    3.  Any  person who [violates any provision of] improperly disposes of
    24  used oil in violation of  section  23-2308  of  this  chapter  shall  be
    25  subject  to  a civil penalty not to exceed two hundred fifty dollars for
    26  each violation.
    27    3-a.  Any person who knowingly engages in the sale of used oil,  shall
    28  be  liable  for  a  civil penalty not to exceed one thousand dollars for
    29  each violation.
    30    4. Notwithstanding any other provision of law, any  person  who  shall
    31  violate  the  provisions  of  paragraph  [(c)]  c  of subdivision one of
    32  section 23-2307 or paragraph [(d)]  d  of  subdivision  two  of  section
    33  23-2307  of this chapter shall be liable for a civil penalty of not more
    34  than five hundred dollars, and an additional civil penalty of  not  more
    35  than  five  hundred  dollars  for  each  day during which such violation
    36  continues, not to exceed ten thousand dollars.
    37  § 71-2203. Criminal liability for violations.
    38    1. Any person who shall knowingly engage in the sale of  used  oil  in
    39  violation  of  section  23-2308  of  this  chapter, shall be guilty of a
    40  misdemeanor, and, upon conviction thereof, shall be punished by a  fine,
    41  in the case of a first conviction, of not less than five hundred dollars
    42  nor more than eighteen thousand dollars or by imprisonment for a term of
    43  not  more than one year, or by both such fine and imprisonment, for each
    44  separate violation. If the conviction is for an offense committed  after
    45  the  first conviction of such person under this subdivision, such person
    46  shall be punished by a fine not to exceed twenty-six  thousand  dollars,
    47  or  by  imprisonment, or by both such fine and imprisonment. Each day on
    48  which such violation occurs shall constitute a separate violation.
    49    2. In determining the amount of any fine, penalty or sentence  imposed
    50  pursuant  to this section, the commissioner or the court shall take into
    51  consideration any evidence introduced by a party regarding the  economic
    52  impact of a penalty on a business, the compliance history of a violator,
    53  good  faith  efforts  of  a  violator  to  comply,  any economic benefit
    54  obtained from noncompliance, the amount of  risk  or  damage  to  public
    55  health  or  the  environment caused by a violator, whether the violation
    56  was procedural in nature, or such other factors as justice may require.
        A. 6616--A                          3
     1    § 3. This act shall take effect on the first of  May  next  succeeding
     2  the date on which it shall have become a law.  Effective immediately the
     3  commissioner  of  environmental conservation is authorized to promulgate
     4  any and all rules and regulations and take any other measures  necessary
     5  to implement this act on its effective date on or before such date.