19-6-706 - Disposal of used oil -- Prohibitions.
19-6-706. Disposal of used oil -- Prohibitions.
(1) (a) Except as authorized by the board or exempted in this section, a person may notplace, discard, or otherwise dispose of used oil:
(i) in any solid waste treatment, storage, or disposal facility operated by a politicalsubdivision or a private entity, except as authorized for the disposal of used oil that is hazardouswaste under state law;
(ii) in sewers, drainage systems, septic tanks, surface or ground waters, watercourses, orany body of water; or
(iii) on the ground.
(b) A person who unknowingly disposes of used oil in violation of Subsection (1)(a)(i) isnot guilty of a violation of this section.
(2) (a) A person may dispose of an item or substance that contains de minimis amountsof oil in disposal facilities under Subsection (1)(a)(i) if:
(i) to the extent reasonably possible all oil has been removed from the item or substance;and
(ii) no free flowing oil remains in the item or substance.
(b) (i) A nonterne plated used oil filter complies with this section if it is not mixed withhazardous waste and the oil filter has been gravity hot-drained by one of the following methods:
(A) puncturing the filter antidrain back valve or the filter dome end and gravityhot-draining;
(B) gravity hot-draining and crushing;
(C) dismantling and gravity hot-draining; or
(D) any other equivalent gravity hot-draining method that will remove used oil from thefilter at least as effectively as the methods listed in this Subsection (2)(b)(i).
(ii) As used in this Subsection (2), "gravity hot-drained" means drained for not less than12 hours near operating temperature but above 60 degrees Fahrenheit.
(3) A person may not mix or commingle used oil with the following substances, exceptas incidental to the normal course of processing, mechanical, or industrial operations:
(a) solid waste that is to be disposed of in any solid waste treatment, storage, or disposalfacility, except as authorized by the board under this chapter; or
(b) any hazardous waste so the resulting mixture may not be recycled or used for otherbeneficial purpose as authorized under this part.
(4) (a) This section does not apply to releases to land or water of de minimis quantities ofused oil, except:
(i) the release of de minimis quantities of used oil is subject to any regulation orprohibition under the authority of the department; and
(ii) the release of de minimis quantities of used oil is subject to any rule made by theboard under this part prohibiting the release of de minimis quantities of used oil to the land orwater from tanks, pipes, or other equipment in which used oil is processed, stored, or otherwisemanaged by used oil handlers, except wastewater under Subsection 19-6-708(2)(j).
(b) As used in this Subsection (4), "de minimis quantities of used oil:"
(i) means small spills, leaks, or drippings from pumps, machinery, pipes, and othersimilar equipment during normal operations; and
(ii) does not include used oil discarded as a result of abnormal operations resulting insubstantial leaks, spills, or other releases.
(5) Used oil may not be used for road oiling, dust control, weed abatement, or othersimilar uses that have the potential to release used oil in the environment, except in compliancewith Section 19-6-711 and board rule.
(6) (a) (i) Facilities in existence on July 1, 1993, and subject to this section may apply tothe executive secretary for an extension of time beyond that date to meet the requirements of thissection.
(ii) The executive secretary may grant an extension of time beyond July 1, 1993, upon afinding of need under Subsection (6)(b) or (c).
(iii) The total of all extensions of time granted to one applicant under this Subsection(6)(a) may not extend beyond January 1, 1995.
(b) The executive secretary upon receipt of a request for an extension of time mayrequest from the facility any information the executive secretary finds reasonably necessary toevaluate the need for an extension. This information may include:
(i) why the facility is unable to comply with the requirements of this section on or beforeJuly 1, 1993;
(ii) the processes or functions which prevent compliance on or before July 1, 1993;
(iii) measures the facility has taken and will take to achieve compliance; and
(iv) a proposed compliance schedule, including a proposed date for being in compliancewith this section.
(c) Additional extensions of time may be granted by the executive secretary uponapplication by the facility and a showing by the facility that:
(i) the additional extension is reasonably necessary; and
(ii) the facility has made a diligent and good faith effort to comply with this sectionwithin the time frame of the prior extension.
Amended by Chapter 324, 2010 General Session