(1) the used oil retention facility is temporarily filled to capacity;
or
(2) the retail establishment has a current contract with another
retail establishment, municipality or service establishment with an
on-premises used oil retention facility, for the collection of the
contracting retail establishment's used lubricating oil. In counties or
cities with a population of one million or more the distance between
such contracting retail establishment and the contractor shall not
exceed eight miles. In all other areas of the state the contracting
retail establishment and the contractor shall be within the same or
adjacent towns or cities; or
(3) the retail establishment has been granted a hardship waiver by the
commissioner for the inability to comply with this section.
d. Signs required. (1) Every retail establishment with an on-premises
used oil retention facility shall post a conspicuous sign, open to
public view, stating "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE".
Such establishment may additionally state, on the same sign or an
additional sign, that used oil is accepted only during normal business
hours, and may state such hours.
(2) Every retail establishment that contracts with another retail
establishment or service establishment, shall post a conspicuous sign,
open to the public view stating: "USED OIL FOR RECYCLING WILL BE
ACCEPTED BY (name of contracted establishment) AT (Address of contracted
establishment) AT NO CHARGE". Such establishment may additionally state,
on the same sign or an additional sign, that used oil is accepted only
during normal business hours of the contracted establishment, and may
state such hours.
3. For the purposes of this section, so long as a service or retail
establishment shall maintain its used oil retention facilities in
compliance with the provisions of this section and any rules and
regulations promulgated hereunder and shall deliver collected quantities
of used oil to a duly permitted waste transporter or dispose of the used
oil as otherwise authorized or permitted by the commissioner, such
service establishment shall be exempt from the provisions of titles
seven and nine of article twenty-seven and article seventy-two of this
chapter.
Structure New York Laws
ENV - Environmental Conservation
Article 23 - Mineral Resources
Title 23 - Rerefining of Used Oil
23-2303 - Official Encouragement for the Use of Rerefined Oil.
23-2305 - Regulations of the Commissioner.
23-2307 - Used Oil Retention Facilities Required; Installation and Maintenance; Posting of Notice.