PRIOR PRINTER'S NO. 247 PRINTER'S NO. 2157
No. 242 Session of 1981
INTRODUCED BY J. L. WRIGHT, BURNS, SAURMAN, KUKOVICH, SEVENTY,
STAIRS, W. D. HUTCHINSON, TELEK AND FRAZIER, JANUARY 27, 1981
AS REPORTED FROM COMMITTEE ON MINES AND ENERGY MANAGEMENT,
HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 16, 1981
AN ACT
1 For the purpose of providing a system for the collection and <--
2 disposal of used oil for recycling; defining certain terms;
3 prohibiting certain actions; giving certain authority to the
4 Department of Environmental Resources; providing for
5 penalties; and generally dealing with used oil disposal and
6 recycling and used oil products.
7 TABLE OF CONTENTS
8 Section 1. Legislative finding and policy.
9 Section 2. Short title.
10 Section 3. Definitions.
11 Section 4. Duties of the department; public education
12 program; registration.
13 Section 5. Collection facilities.
14 Section 6. Used oil collectors; receipts; report.
15 Section 7. Used oil recyclers; receipts; report.
16 Section 8. Disposal.
17 Section 9. Report to the General Assembly.
18 Section 10. Enforcement and penalty for violation.
19 Section 11. Effective date.
1 FOR THE PURPOSE OF PROVIDING A SYSTEM FOR THE COLLECTION AND <--
2 RECYCLING OF USED OIL; DEFINING CERTAIN TERMS; PROHIBITING
3 CERTAIN ACTIONS; GIVING CERTAIN AUTHORITY TO THE DEPARTMENT
4 OF ENVIRONMENTAL RESOURCES; PROVIDING FOR PENALTIES, AND
5 GENERALLY DEALING WITH USED OIL COLLECTION, STORAGE,
6 TRANSPORTATION AND RECYCLING.
7 TABLE OF CONTENTS
8 SECTION 1. LEGISLATIVE FINDINGS AND POLICY.
9 SECTION 2. SHORT TITLE.
10 SECTION 3. DEFINITIONS.
11 SECTION 4. DUTIES OF THE DEPARTMENT; PUBLIC EDUCATION
12 PROGRAM; REGISTRATION.
13 SECTION 5. USED OIL COLLECTION SITE OPERATORS.
14 SECTION 6. COLLECTION, STORAGE, TRANSPORTATION AND
15 RECYCLING.
16 SECTION 7. DISPOSAL.
17 SECTION 8. REPORT TO THE GENERAL ASSEMBLY.
18 SECTION 9. USED OIL PRODUCTS.
19 SECTION 10. ENFORCEMENT AND PENALTY FOR VIOLATION.
20 SECTION 11. EFFECTIVE DATE.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Legislative finding and policy. <--
24 The Legislature finds that there are approximately 67,000,000
25 gallons of waste oil generated each year in this Commonwealth;
26 that used oil is a valuable petroleum resource which can be
27 recycled; and that, in spite of the potential for recycling,
28 significant quantities of used oil are wastefully disposed of or
29 improperly used by means which pollute the water, land, and air,
30 and endanger the public health and welfare. Used oil should be
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1 collected and recycled to the maximum extent possible, by means
2 which are economically feasible and environmentally sound, in
3 order to conserve irreplaceable petroleum resources, preserve
4 and enhance the quality of natural and human environments, and
5 protect public health and welfare.
6 Section 2. Short title.
7 This act shall be known and may be cited as the "Pennsylvania
8 Used Oil and Recycling Act."
9 Section 3. Definitions.
10 The following words and phrases when used in this act shall
11 have, unless the context clearly indicates otherwise, the
12 meanings given to them in this section:
13 "Department." The Pennsylvania Department of Environmental
14 Resources.
15 "Disposal." Shall not include the application of used oil to
16 roads for maintenance purposes or the use of used oil as a fuel,
17 or the use of used oil for agricultural dust control or the use
18 of used oil for weed abatement on the user's property.
19 "Person." Any individual, private, or public corporation,
20 partnership, cooperative, association, estate, municipality,
21 political or jurisdictional subdivision, or governmental agency
22 or instrumentality.
23 "Recycle." To prepare used oil for reuse as a petroleum
24 product or petroleum product substitute by refining, re-
25 refining, reclaiming, reprocessing, or other means or to use
26 used oil in a manner that substitutes for a petroleum product or
27 petroleum product substitute made from new oil, provided that
28 the preparation or use is operationally safe, environmentally
29 sound, and complies with all laws and regulations.
30 "Used oil." A petroleum-based or synthetic oil as an engine
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1 lubricant, engine oil for use in an internal combustion engine,
2 or a lubricant for motor vehicle transmissions, gears, or axles
3 which through use, storage, or handling has become unsuitable
4 for its original purpose due to the presence of impurities or
5 loss of original properties.
6 "Used oil collector." Any Pennsylvania State inspection
7 facility and any other facilities which are safe and
8 conveniently located and agree to serve as collection facilities
9 for the deposit of used oil. The department shall designate said
10 facilities and provide for their registration.
11 "Used oil recycler." Any person who recycles more than 7,000
12 gallons of used oil annually from sources not owned and operated
13 by the person, and who is registered with the department.
14 Section 4. Duties of the department; public education program;
15 registration.
16 (a) The department shall conduct a public education program
17 to inform the public of the needs for and the benefits of
18 collecting and recycling used oil in order to conserve resources
19 and preserve the environment. As part of this program, the
20 department shall:
21 (1) Require persons regularly engaged in the business of
22 selling lubricating or other oil in containers for use off
23 the premises, to post and maintain at or near the point of
24 display or sale durable and legible signs informing the
25 public of the importance of proper collection and disposal of
26 used oil, and how and where used oil may be properly disposed
27 of, including, whenever feasible locations and hours of
28 operation of conveniently located collection facilities.
29 (2) Establish, maintain, and publicize a used oil
30 information center that will explain local, State, and
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1 Federal laws and regulations governing used oil and will
2 inform holders of quantities of used oil on how and where,
3 and in what manner used oil may be properly disposed of.
4 (b) The department shall register an applicant as a used oil
5 collector or a used oil recycler if it determines that the
6 proposed means for collection, transport, treatment, transfer,
7 storage, recycling, use, or disposal is operationally safe,
8 environmentally sound, and consistent with the provisions of
9 this article and shall impose terms in connection with the
10 registration requiring the registration holder to install or
11 effect controls, processes, or practices necessary to insure
12 continuous compliance with existing laws and regulations. A
13 registration shall be valid until revoked.
14 Section 5. Collection facilities.
15 Each designated collection facility shall post and maintain a
16 durable and legible sign readily visible in an appropriate place
17 which indicates the facility is designated as a used oil
18 disposal location. The designated facility shall install and
19 maintain on the premises used oil collection containers,
20 properly sheltered and protected to prevent spillage, seepage,
21 or discharge of the used oil into the water of the state, and of
22 sufficient size to handle returns of used oil and used oil
23 containers. Each designated facility regularly shall remove and
24 dispose or have removed and disposed by used oil collectors the
25 accumulated oil in a manner as required by law.
26 Section 6. Used oil collectors; receipts; report.
27 (a) A registered used oil collector shall provide a receipt
28 to any person to whom used oil is transferred; maintain a
29 complete record of all such transactions, documented by
30 reproducible receipts, for two years; and make available to the
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1 department, upon request, all records and copies of receipts for
2 the purpose of review and audit.
3 (b) A registered used oil collector shall submit an annual
4 report to the department on its activities during the calendar
5 year based on the records kept in accordance with subsection
6 (a). The report shall state the quantities of used oil possessed
7 at the beginning and end of the reporting period, the total
8 amount collected, and shall be itemized as to used oil
9 collectors and used oil recyclers.
10 Section 7. Used oil recyclers; receipts; report.
11 (a) A registered used oil recycler shall provide a receipt
12 to any person from whom used oil is received; maintain a
13 complete record of all such transactions, documented by
14 reproducible receipts, for two years; maintain records of the
15 quantities of used oil recycled; and make available to the
16 department, upon request, all records and copies of receipts for
17 the purpose of review and audit.
18 (b) A registered used oil recycler shall submit an annual
19 report to the department on its activities during the calendar
20 year based upon the records kept in accordance with subsection
21 (a). The report shall state the quantities of used oil possessed
22 at the beginning and end of the reporting period, the total
23 amount received, and the amounts recycled during the reporting
24 period. The amounts recycled shall be itemized as follows:
25 prepared for reuse as a petroleum product; consumed in the
26 process of preparing for reuse, including wastes generated; and
27 other uses, specifying each type of use.
28 Section 8. Disposal.
29 A person may not dispose of or cause to be disposed of any
30 used oil by discharge, dump, or deposit into sewers, drainage
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1 systems, surface or ground waters, any waters in this State, or
2 by incineration or as refuse, or onto any public or private land
3 unless such land is designated by the State or by any of its
4 agencies or political subdivisions as a collection facility for
5 such disposal, dumping, or deposit and the used oil is placed in
6 a receptacle or container installed or located on such property.
7 Section 9. Report to the General Assembly.
8 The department shall prepare and submit an annual report to
9 the General Assembly summarizing information on used oil
10 collection and recycling, analyzing the effectiveness of the
11 provisions of this act and their implementation, and making
12 recommendations for any necessary changes in the provisions of
13 their administration.
14 Section 10. Enforcement and penalty for violation.
15 (a) The Department of Environmental Resources is authorized
16 to employ any of the following means of civil enforcement:
17 (1) inspection of the operations of a registrant;
18 (2) issuance of an administrative order directing
19 specified actions in accordance with a specified schedule;
20 (3) revocation of a registration, after providing an
21 opportunity for a hearing; and
22 (4) a civil action seeking equitable relief.
23 (b) Any person who in the course of business violates any
24 provision of this act or rule or regulation of the department
25 promulgated pursuant thereto, in addition to any penalty
26 provided by law, shall be subject to a civil penalty of not more
27 than $1,000 for each such violation. For the purposes of this
28 section, each day of a continuing violation shall be deemed as a
29 separate and distinct violation.
30 When establishing the amount of civil liability pursuant to
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1 this subsection, the court shall consider, in addition to other
2 relevant circumstances, the following:
3 (1) the extent of the harm caused by the violation or
4 deposit;
5 (2) the persistence of the violation or deposit;
6 (3) the number of prior violations by the same violator;
7 and
8 (4) the deterrent value of the penalty based on the
9 financial resources of the violator.
10 Section 11. Effective date.
11 This act shall take effect in 60 days.
12 SECTION 1. LEGISLATIVE FINDINGS AND POLICY. <--
13 THE LEGISLATURE FINDS THAT A SUBSTANTIAL NUMBER OF GALLONS OF
14 USED OIL ARE GENERATED EACH YEAR IN THIS COMMONWEALTH; THAT USED
15 OIL IS A VALUABLE PETROLEUM RESOURCE WHICH CAN BE RECYCLED AND
16 REUSED AND THAT IN SPITE OF THE POTENTIAL FOR RECYCLING,
17 SIGNIFICANT QUANTITIES OF USED OIL ARE WASTEFULLY DISPOSED OF OR
18 IMPROPERLY USED BY MEANS WHICH POLLUTE THE WATER, LAND AND AIR,
19 AND ENDANGER THE PUBLIC HEALTH AND WELFARE. USED OIL SHOULD BE
20 COLLECTED, RECYCLED AND REUSED TO THE MAXIMUM EXTENT POSSIBLE,
21 BY MEANS WHICH ARE ECONOMICALLY FEASIBLE AND ENVIRONMENTALLY
22 SOUND, IN ORDER TO CONSERVE IRREPLACEABLE PETROLEUM RESOURCES,
23 PRESERVE AND ENHANCE THE QUALITY OF NATURAL AND HUMAN
24 ENVIRONMENTS, REDUCE OUR DEPENDENCE ON IMPORTED FOREIGN OIL AND
25 PROTECT THE PUBLIC HEALTH AND WELFARE.
26 SECTION 2. SHORT TITLE.
27 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "PENNSYLVANIA
28 USED OIL RECYCLING ACT."
29 SECTION 3. DEFINITIONS.
30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
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1 HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
2 MEANINGS GIVEN TO THEM IN THIS SECTION:
3 "DEPARTMENT." THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL
4 RESOURCES.
5 "OIL RETAILER." ANY PERSON WHO ANNUALLY SELLS MORE THAN 500
6 GALLONS OF LUBRICATING OIL IN CONTAINERS FOR USE OFF THE
7 RETAILER'S PREMISES.
8 "PERSON." ANY INDIVIDUAL, TRUST, FIRM, JOINT STOCK COMPANY
9 CORPORATION (INCLUDING A GOVERNMENT CORPORATION), PARTNERSHIP,
10 ASSOCIATION, STATE, MUNICIPALITY, COMMISSION, POLITICAL
11 SUBDIVISION OF A STATE, OR INTERSTATE BODY.
12 "RECYCLE." TO PREPARE USED OIL FOR REUSE AS A PETROLEUM
13 PRODUCT OR PETROLEUM PRODUCT SUBSTITUTE BY REFINING, RE-
14 REFINING, RECLAIMING, REPROCESSING OR OTHER MEANS, OR TO PREPARE
15 USED OIL IN A MANNER THAT SUBSTITUTES FOR A PETROLEUM PRODUCT
16 MADE FROM NEW OIL, PROVIDED THAT THE PREPARATION OR USE IS
17 OPERATIONALLY SAFE, ENVIRONMENTALLY SOUND AND COMPLIES WITH ALL
18 LAWS AND REGULATIONS.
19 "USED OIL." A PETROLEUM-BASED OR SYNTHETIC OIL WHICH IS USED
20 IN AN INTERNAL COMBUSTION ENGINE AS AN ENGINE LUBRICANT, OR AS A
21 PRODUCT USED FOR LUBRICATING MOTOR VEHICLE TRANSMISSIONS, GEARS
22 OR AXLES WHICH THROUGH USE, STORAGE OR HANDLING HAS BECOME
23 UNSUITABLE FOR ITS ORIGINAL PURPOSE DUE TO THE PRESENCE OF
24 CHEMICAL OR PHYSICAL IMPURITIES OR LOSS OF ORIGINAL PROPERTIES.
25 "USED OIL COLLECTION SITE." ANY PENNSYLVANIA STATE
26 INSPECTION FACILITY, OIL RETAILER OR RETAIL SERVICE STATION, OR
27 ANY OTHER SITE WHICH ACCEPTS USED OIL FOR RECYCLING WITH NO
28 CHARGE TO THE PUBLIC FOR THE SERVICE, AND WHICH HAS A USED OIL
29 COLLECTION TANK EXISTING ON THE PREMISES.
30 "USED OIL COLLECTION TANK." ANY TANK, WHETHER ABOVE OR BELOW
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1 GROUND, INTO WHICH USED OIL IS DRAINED.
2 "USED OIL RECYCLER." ANY PERSON WHO RECYCLES MORE THAN 7,000
3 GALLONS OF USED OIL ANNUALLY.
4 "USED OIL STORAGE FACILITY." ANY FACILITY WHICH RECEIVES
5 MORE THAN 10,000 GALLONS OF USED OIL ANNUALLY, NOT INCLUDING A
6 USED OIL COLLECTION CITE.
7 "USED OIL TRANSPORTER." ANY PERSON WHO COLLECTS AND
8 TRANSPORTS MORE THAN 500 GALLONS OF USED OIL ANNUALLY.
9 SECTION 4. DUTIES OF THE DEPARTMENT; PUBLIC EDUCATION PROGRAM;
10 REGISTRATION.
11 (A) THE DEPARTMENT SHALL, IN COOPERATION WITH ANY
12 APPROPRIATE AGENCY OR INSTRUMENTALITY OF THE COMMONWEALTH OR ANY
13 OF ITS POLITICAL SUBDIVISIONS, CONDUCT A PUBLIC EDUCATION
14 PROGRAM TO INFORM THE PUBLIC OF THE NEEDS FOR AND THE BENEFITS
15 OF COLLECTING, RECYCLING AND REUSING USED OIL IN ORDER TO
16 CONSERVE RESOURCES, PRESERVE THE ENVIRONMENT AND DECREASE OUR
17 DEPENDENCE ON IMPORTED FOREIGN OIL. AS PART OF THIS PROGRAM:
18 (1) OIL RETAILERS SHALL BE REQUIRED TO POST AND MAINTAIN
19 AT OR NEAR THE POINT OF DISPLAY OR SALE DURABLE AND LEGIBLE
20 SIGNS INFORMING THE PUBLIC OF THE IMPORTANCE OF PROPER
21 COLLECTION AND DISPOSAL OF USED OIL AND REFERRING THEM TO THE
22 APPROPRIATE AGENCY TO OBTAIN INFORMATION ON THE LOCATIONS AND
23 HOURS OF OPERATION OF CONVENIENTLY LOCATED USED OIL
24 COLLECTION SITES.
25 (2) A USED OIL INFORMATION CENTER SHALL BE ESTABLISHED
26 BY THE DEPARTMENT, IN COOPERATION WITH ANY APPROPRIATE AGENCY
27 OR INSTRUMENTALITY OF THE COMMONWEALTH OR ANY OF ITS
28 POLITICAL SUBDIVISIONS, WHICH WILL EXPLAIN FEDERAL, STATE AND
29 LOCAL LAWS, ORDINANCES AND REGULATIONS GOVERNING USED OIL, AS
30 WELL AS HOW AND WHERE AND IN WHAT MANNER USED OIL MAY BE
19810H0242B2157 - 10 -
1 PROPERLY DISPOSED OF.
2 (B) A USED OIL COLLECTION SITE OPERATOR MAY REGISTER WITH
3 THE DEPARTMENT THE NAME, LOCATION AND HOURS OF OPERATION OF THE
4 USED OIL COLLECTION SITE.
5 (C) THE REGISTRATION AND SUBSEQUENT RECOGNITION OF A
6 FACILITY AS A USED OIL COLLECTION SITE SHALL BE CONTINGENT UPON
7 A DETERMINATION BY THE DEPARTMENT THAT THE PROPOSED MEANS OF
8 COLLECTION AND STORAGE ARE OPERATIONALLY SAFE, ENVIRONMENTALLY
9 SOUND AND CONSISTENT WITH THE PROVISIONS OF THIS ACT.
10 SECTION 5. USED OIL COLLECTION SITE OPERATORS.
11 EACH USED OIL COLLECTION SITE OPERATOR WHO REGISTERS WITH THE
12 DEPARTMENT SHALL:
13 (1) POST AND MAINTAIN A DURABLE AND LEGIBLE SIGN,
14 READILY VISIBLE IN AN APPROPRIATE PLACE, WHICH INDICATES THAT
15 THE FACILITY IS AN OPERATING USED OIL COLLECTION SITE.
16 (2) MAINTAIN ON THE PREMISES USED OIL COLLECTION TANKS
17 WHICH ARE PROPERLY SHELTERED AND PROTECTED TO PREVENT
18 SPILLAGE, SEEPAGE OR DISCHARGE OF THE USED OIL INTO THE
19 WATER, LAND AND AIR OF THE COMMONWEALTH AND OF SUFFICIENT
20 SIZE TO HANDLE RETURNS OF USED OIL.
21 (3) MAINTAIN ON THE PREMISES, WITHIN A VERY CLOSE
22 PROXIMITY TO THE COLLECTION TANKS, COLLECTION FACILITIES FOR
23 THE SAFE AND PROPER DISPOSAL OF USED OIL CONTAINERS.
24 SECTION 6. COLLECTION, STORAGE, TRANSPORTATION AND RECYCLING.
25 (A) IT SHALL BE UNLAWFUL FOR ANY PERSON WHO COLLECTS,
26 STORES, TRANSPORTS OR RECYCLES USED OIL TO TRANSFER SUCH USED
27 OIL TO PERSONS OTHER THAN USED OIL COLLECTORS, USED OIL STORAGE
28 FACILITIES, USED OIL TRANSPORTERS OR USED OIL RECYCLERS WHO
29 COMPLY WITH THE TERMS AND CONDITIONS AS SET FORTH IN THIS
30 SECTION.
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1 (B) IT SHALL BE UNLAWFUL FOR ANY PERSON WHO COLLECTS,
2 STORES, TRANSPORTS OR RECYCLES USED OIL TO FAIL TO:
3 (1) MAINTAIN SUCH RECORDS AS ARE NECESSARY TO ACCURATELY
4 IDENTIFY QUANTITIES OF USED OIL COLLECTED, STORED,
5 TRANSPORTED OR RECYCLED;
6 (2) MAINTAIN SUCH RECORDS AS ARE NECESSARY TO ACCURATELY
7 IDENTIFY QUANTITIES OF USED OIL TRANSFERRED TO OTHER USED OIL
8 STORAGE FACILITIES, USED OIL TRANSPORTERS OR USED OIL
9 RECYCLERS, AS WELL AS THE METHOD OF TRANSPORATION AND THE
10 DELIVERY POINTS OF SUCH USED OIL, INCLUDING THOSE FACILITIES
11 NOT LOCATED IN THE COMMONWEALTH OF PENNSYLVANIA;
12 (3) LABEL ANY CONTAINERS USED FOR THE COLLECTION,
13 STORAGE OR TRANSPORTATION OF USED OIL SO AS TO IDENTIFY IT
14 ACCURATELY AS USED OIL TO BE RECYCLED; AND
15 (4) MAKE AVAILABLE TO THE DEPARTMENT SUCH INFORMATION
16 CONCERNING USED OIL AS THE COLLECTORS, STORAGE FACILITY
17 OPERATORS, TRANSPORTERS OR RECYCLERS OF USED OIL ARE REQUIRED
18 BY THIS SECTION TO MAINTAIN, OR MAY HAVE AT THEIR DISPOSAL.
19 SECTION 7. DISPOSAL.
20 (A) NO PERSON SHALL DEPOSIT, DISPOSE OF OR CAUSE TO BE
21 DEPOSITED OR DISPOSED OF, ANY USED OIL INTO ANY SEWERS, DRAINAGE
22 SYSTEMS, SURFACE OR GROUND WATERS, WATERCOURSES OR MARINE WATERS
23 IN THE COMMONWEALTH, OR ONTO ANY PUBLIC OR PRIVATE LAND WITHIN
24 THIS COMMONWEALTH, UNLESS A USED OIL COLLECTION SITE FOR SUCH
25 PROPER DEPOSIT IS LOCATED ON SAID LAND, WHERE THE USED OIL IS
26 PLACED IN A USED OIL COLLECTION TANK, OR UNLESS A USED OIL
27 STORAGE FACILITY IS INSTALLED OR LOCATED ON SUCH PROPERTY FOR
28 SUCH PROPER DEPOSIT AND STORAGE AS USED OIL.
29 (B) NO PERSON SHALL DISCHARGE WATER, ANTIFREEZE, INDUSTRIAL
30 WASTE OR ANY OTHER CONTAMINANT INTO A USED OIL COLLECTION TANK.
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1 (C) THE PROVISIONS OF THIS SECTION DO NOT INCLUDE THE
2 APPLICATION OF USED OIL TO ROADS FOR MAINTENANCE PURPOSES OR THE
3 USE OF RECYCLED OR USED OIL FOR MAINTENANCE OR LUBRICATION OF
4 AGRICULTURAL EQUIPMENT, UNLESS SUCH APPLICATION IS SPECIFICALLY
5 PROHIBITED THROUGH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE OR
6 REGULATION.
7 (D) ANY PERSON WHO BURNS OR INCINERATES USED OIL MUST BEAR
8 THE BURDEN OF PROOF THAT SUCH BURNING OR INCINERATION IS
9 NONTOXIC AND FREE OF ANY CHEMICAL OR PHYSICAL CONTAMINANTS WHICH
10 MAY ENDANGER THE PUBLIC HEALTH, SAFETY AND WELFARE, OR WHICH MAY
11 POSE A THREAT TO THE ENVIRONMENT.
12 SECTION 8. REPORT TO THE GENERAL ASSEMBLY.
13 THE DEPARTMENT SHALL PREPARE AND SUBMIT AN ANNUAL REPORT TO
14 THE GENERAL ASSEMBLY SUMMARIZING INFORMATION ON USED OIL
15 COLLECTION, STORAGE, TRANSPORTATION, RECYCLING AND REUSE,
16 ANALYZING THE EFFECTIVENESS OF THE PROVISIONS OF THIS ACT AND
17 THEIR IMPLEMENTATION AND MAKING RECOMMENDATIONS FOR ANY
18 NECESSARY CHANGES IN THE PROVISIONS OF THEIR ADMINISTRATION.
19 SECTION 9. USED OIL PRODUCTS.
20 ALL OFFICIALS OF THIS COMMONWEALTH AND ANY OF ITS AGENCIES OR
21 ANY POLITICAL SUBDIVISIONS AND PERSONS HOLDING CONTRACTS WITH
22 THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS SHALL ENCOURAGE
23 AND TO THE EXTENT POSSIBLE REQUIRE THE PROCUREMENT AND PURCHASE
24 OF RECYCLED OIL PRODUCTS REPRESENTED AS SUBSTANTIALLY EQUIVALENT
25 TO PRODUCTS MADE FROM NEW OIL IN ACCORDANCE WITH RULES
26 PRESCRIBED BY THE FEDERAL TRADE COMMISSION UNDER SECTION
27 383(D)(1)(A) OF THE ENERGY POLICY AND CONSERVATION ACT, PUBLIC
28 LAW 94-163, WHENEVER SUCH PRODUCTS ARE AVAILABLE AT PRICES
29 COMPETITIVE WITH THOSE OF NEW OIL PRODUCED FOR THE SAME PURPOSE.
30 SECTION 10. ENFORCEMENT AND PENALTY FOR VIOLATION.
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1 (A) (1) THE DEPARTMENT SHALL HAVE THE RIGHT TO CONDUCT
2 INSPECTIONS OF THE PROPERTY OF ANY PERSON SUBJECT TO THE
3 PROVISIONS OF THIS ACT FOR THE PURPOSE OF COMPLYING WITH THE
4 ACT.
5 (2) SHOULD THE DEPARTMENT FIND ANY PERSON IN VIOLATION
6 OF THE PROVISIONS OF SECTION 4(A)(1) OR SECTION 5 THE
7 DEPARTMENT SHALL ISSUE A WRITTEN NOTICE OF VIOLATION OF THE
8 ACT, WHICH NOTICE SHALL STATE THE SPECIFIC SECTION AND WHICH
9 SHALL REQUIRE COMPLIANCE WITHIN 30 DAYS OF RECEIPT OF NOTICE.
10 (3) SHOULD SAID PERSON FAIL TO COMPLY WITH THE ACT
11 WITHIN 30 DAYS, SAID PERSON SHALL BE GUILTY OF A SUMMARY
12 OFFENSE.
13 (B) (1) ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS OF
14 SECTION 6(A) SHALL BE GUILTY OF A SUMMARY OFFENSE, AND UPON
15 SECOND AND SUBSEQUENT OFFENSES, SHALL BE GUILTY OF A
16 MISDEMEANOR.
17 (2) ANY PERSON WHO VIOLATES THE PROVISIONS OF SECTION
18 6(B)(1), (2) AND (3), SHALL BE GUILTY OF A SUMMARY OFFENSE.
19 (C) ANY PERSON VIOLATING THE PROVISIONS OF SECTION 7 SHALL,
20 UPON FIRST CONVICTION, BE GUILTY OF A SUMMARY OFFENSE AND UPON
21 SECOND OR SUBSEQUENT CONVICTION BE GUILTY OF A MISDEMEANOR.
22 (D) THE DEPARTMENT MAY, IN LIEU OF, OR IN ADDITION TO, ANY
23 CRIMINAL PENALTIES HEREIN PRESCRIBED, IMPOSE CIVIL PENALTIES FOR
24 VIOLATIONS OF THIS ACT OR NOT MORE THAN $1,000 FOR EACH
25 VIOLATION; EACH DAY OF A CONTINUING VIOLATION AFTER NOTICE
26 REQUIREMENTS OF SUBSECTION (A)(2) SHALL BE DEEMED AS A SEPARATE
27 VIOLATION.
28 (E) UPON A VIOLATION OF THIS ACT OR ANY RULES, REGULATIONS
29 OR ORDERS ISSUED UNDER THIS ACT, THE DEPARTMENT MAY INSTITUTE A
30 CIVIL ACTION IN THE COMMONWEALTH COURT OR IN THE COURT OF COMMON
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1 PLEAS OF THE JUDICIAL DISTRICT IN WHICH THE VIOLATION OCCURS FOR
2 INJUNCTIVE RELIEF TO RESTRAIN THE VIOLATION AND FOR SUCH OTHER
3 RELIEF AS THE COURT SHALL DEEM PROPER. NEITHER THE INSTITUTION
4 OF THIS ACTION NOR ANY OF THE PROCEEDINGS THEREIN SHALL RELIEVE
5 ANY PARTY TO THE PROCEEDINGS FROM OTHER FINES OR PENALTIES
6 PRESCRIBED FOR THE VIOLATION OF THIS ACT OR ANY RULE.
7 SECTION 11. EFFECTIVE DATE.
8 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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