§ 23-2307. Used oil retention facilities required; installation and\n maintenance; posting of notice.\n 1. Service establishments. a. Every service establishment, and every\nother person, industrial operation, airport, trucking terminal, state or\nlocal government facility generating at least five hundred gallons of\nused oil annually, shall, no later than September first, nineteen\nhundred seventy-nine, provide and maintain used oil retention\nfacilities, properly sheltered and protected to prevent spillage,\nseepage or discharge of used oil into storm or sanitary sewers or into\nor on any lands or waters of the state including groundwaters thereof.\nThe used oil shall be periodically removed from the retention facility\nby a waste transporter duly permitted by the department under the\nprovisions of title three of article twenty-seven of this chapter.\nWaste transporters may dispose of used oil only by delivery to a\nrerefiner except where otherwise permitted by the commissioner. Rules\nand regulations defining proper design and maintenance of a retention\nfacility may be promulgated by the commissioner.\n b. An owner or an employee of every service establishment who is\npresent on the premises shall be required to accept during the normal\nbusiness hours of the establishment and at no charge, used oil in\nquantities not exceeding five gallons per day from any individual;\nprovided, however, this requirement to accept does not apply if the\npetroleum-based lubricating oil brought to the establishment is\ndetermined to have been contaminated through other than ordinary and\nnormal use, and does not apply if the used oil retention facility is\ntemporarily filled to capacity; and provided further that such\nestablishment need only accept used oil in screw-top, rigid, closed\ncontainers. No such establishment shall impose upon a customer a\nseparate charge or fee for accepting or disposing of used oil; nor shall\nsuch establishment impose any charge upon any individual who is not a\ncustomer for such service.\n c. Every service establishment shall post a conspicuous sign, open to\npublic view, stating: "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE".\nSuch establishment may additionally state, on the same sign or an\nadditional sign, that used oil is accepted only during normal business\nhours and may state such hours.\n 2. Retail establishments. a. Unless exempted, every retail\nestablishment shall provide and maintain used oil retention facilities,\nproperly sheltered and protected to prevent spillage, seepage or\ndischarge of used oil into storm or sanitary sewers or into or on any\nlands or waters of the state including groundwater thereof. The used oil\nshall be periodically removed from the retention facility by a waste\ntransporter duly permitted by the department under the provisions of\ntitle three of article twenty-seven of this chapter. Waste transporters\nmay dispose of used oil only by delivery to a rerefiner except where\notherwise permitted by the commissioner. Rules and regulations defining\nproper design and maintenance of a retention facility may be promulgated\nby the commissioner.\n b. Every retail establishment shall be required to accept at no\ncharge, used oil in quantities not exceeding five gallons per day from\nany individual during normal business hours of the establishment;\nprovided, however, this requirement to accept does not apply if the\npetroleum-based lubricating oil brought to the establishment is\ndetermined to have been contaminated through other than ordinary and\nnormal use; and provided further, that such establishment need only\naccept used oil in screw-top, rigid, closed containers.\n c. Exemptions. Pursuant to rules and regulations promulgated by the\ndepartment for the implementation of this section, a retail\nestablishment shall not be required to accept used oil if:\n (1) the used oil retention facility is temporarily filled to capacity;\nor\n (2) the retail esta
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