(1) DEFINITIONS. As used in this section, unless the content requires otherwise: (a) “Automotive engine oil” means any oil to be used in the engine or crankcase of a motor vehicle. (b) “Consumer” means a person who, for personal or family purposes, purchases or uses automotive engine oil or generates, collects, stores or transports engine waste oil in quantities of less than 200 gallons per year. (c) “Engine waste oil” means automotive engine oil after it is used and removed from the engine or crankcase of a motor vehicle but before that oil is recycled. (d) “Fuel oil” means any oil to be burned to produce heat. (e) “Motor vehicle” means any vehicle propelled by an internal combustion engine and includes any automobile, truck, bus, motorcycle, snowmobile or vehicle which travels on or off roads or highways. (f) “Reclaimed oil” means engine waste oil which is processed by settling, dehydration, filtration or mixing, or combinations of those procedures, which removes some of the harmful physical and chemical characteristics which are acquired through use. (g) “Recycled oil” means re-refined oil or reclaimed oil. (h) “Re-refined oil” means engine waste oil which is processed by high temperature distillation and chemical treatment or any other process which removes all harmful physical and chemical characteristics acquired through use. (i) “Retail sales establishment” means a person who is engaged in the business of selling automotive engine oil to consumers. (j) “Service establishment” means a person who is engaged in the business of servicing and removing automotive engine oil from motor vehicles for consumers. (k) “Waste oil” means any oil after use or which is contaminated through storage or handling before that oil is recycled. (2) WASTE OIL COLLECTION. (a) Retail sales establishment. A retail sales establishment: 1. Shall maintain an engine waste oil collection facility for the temporary storage of engine waste oil returned by consumers and post at least one sign at the location of sale which contains wording similar to: “Engine waste oil collection facility. Please return your waste oil here.”; or 2. Shall post at least one sign at the location of sale which contains wording similar to: “Engine waste oil can be recycled. Please return your waste oil to a waste oil storage facility. The nearest waste oil storage facility is located .... and is open ....”. The sign shall describe the location and the days and hours of operation. (b) Approved waste oil collection facilities. The department shall establish by rule standards for the approval of certain types of facilities to be used for engine waste oil collection. (c) Exemption. An engine waste oil collection facility maintained by a retail sales establishment which is of a type approved by the department is exempt from the rules promulgated under s. 289.05 (1) and need not be licensed as a solid waste disposal facility under subch. III of ch. 289. (d) Compliance with solid and hazardous waste regulations. Except as provided under par. (c), no person may maintain or operate an engine waste oil collection facility unless the person complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to that facility. (3) WASTE OIL STORAGE FACILITIES. (a) Required storage facilities. 1. As used in this paragraph, “adequate engine waste oil storage facilities” means at least the minimum number of separate engine waste oil storage facilities each with a capacity of at least 250 gallons, approved by the department and accessible to the public. The department shall establish standards for the approval of certain types of facilities to be used for engine waste oil storage. These standards may allow the same facility to serve as an engine waste oil collection facility and an engine waste oil storage facility. 2. The minimum number of engine waste oil facilities for a city, village or town located in a county with a population of 50,000 or more is: a. Zero if the population is less than 3,500. b. One if the population is at least 3,500 but less than 25,000. c. Two if the population is at least 25,000 but less than 100,000. d. Three if the population is at least 100,000, plus one for each additional 100,000 of population. 3. The minimum number of engine waste oil storage facilities for a county with a population under 50,000 is one. 4. A city, village or town located in a county with a popula- tion of 50,000 or more shall provide for adequate engine waste oil storage facilities if these facilities do not exist. 5. A county with a population of less than 50,000 shall provide for an adequate engine waste oil storage facility if a facility does not exist. (b) Exemption. If a municipality submits and obtains approval from the department for an informal plan of operation for an engine waste oil storage facility and constructs, maintains or provides for an engine waste oil storage facility of a type approved by the department, that facility is exempt from the rules promulgated under s. 289.05 (1) and need not be licensed as a solid waste disposal facility under subch. III of ch. 289. The informal plan of operation shall contain the information and be in a form approved by the department but is not required to be prepared by a registered professional engineer. (c) Compliance with solid and hazardous waste regulations. Except as provided under par. (b), no person may maintain or operate a facility for the storage of engine waste oil unless the person obtains a license and complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to that facility. (4) WASTE OIL TRANSPORTATION. (a) Exemptions. 1. The department shall exempt a consumer from the licensing and other requirements of s. 291.23 and rules promulgated under s. 291.05 (5) for the transportation of engine waste oil. 2. The department may exempt a retail sales establishment or a service establishment from the licensing and other requirements of s. 291.23 and rules promulgated under s. 291.05 (5) for the transportation of engine waste oil. (b) Compliance with solid and hazardous waste regulations. Except as provided under par. (a), no person may transport engine waste oil unless the person obtains a license and complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to the transportation of the engine waste oil. (c) Collection and transportation service. A person who collects and transports waste oil for sale or transfer to waste oil recyclers or for other approved methods of disposal shall obtain a license and comply with the requirements of chs. 289 and 291 and rules promulgated under these chapters. When issuing the license under s. 291.23, the department shall require any person who collects and transports waste oil to provide services to any collection or storage facility within his or her geographic area which has accumulated 200 gallons or more of engine waste oil. The department may revoke a license issued under s. 291.23 if a person who collects and transports waste oil fails to provide services to collection or storage facilities within his or her geographic area which have accumulated 200 gallons or more of engine waste oil. (5) WASTE OIL RECYCLING. No person may maintain or operate a facility for the recycling of engine waste oil unless the person obtains a license and complies with the requirements of chs. 289 and 291 and rules promulgated under those chapters with respect to that facility. (6) SALE OF RECYCLED OIL. (a) Re-refined oil. No person may sell or possess with the intent to sell any re-refined oil unless the container clearly and prominently states on the front panel “RE-REFINED OIL” and unless the container complies with the labeling standards established by the federal trade commission and the environmental protection agency. (b) Reclaimed oil. No person may sell or possess with intent to sell any reclaimed oil unless the container clearly and prominently states on the front panel “RECLAIMED OIL” and unless the container complies with the labeling standards established by the federal trade commission and environmental protection agency. (7) STATE CONTRACTS; USE OF RE-REFINED OIL. All contracting agencies of the state shall be encouraged to purchase re-refined oil to be used as automotive engine oil if re-refined oil is available in sufficient supply of comparable quality, satisfies applicable American petroleum institute standards and is available at prices competitive with new oil. (8) PROMOTION OF RECYCLED OIL. The department, in conjunction with other interested state agencies, shall develop and conduct public information and educational programs regarding the availability of collection facilities, the merits of recycled oil, the need for using recycled oil to maintain oil reserves and the need to minimize the disposal of waste oil in ways harmful to the environment.
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