AN ACT Relating to oil recycling; amending RCW 19.114.020 and 19.114.010; amending section 15, chapter 528, Laws of 1987 as last amended by section 91, chapter 431, Laws of 1989 (uncodified); adding new sections to chapter 19.114 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 2, chapter 137, Laws of 1983 and RCW 19.114.020 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Used oil" means ((~~automotive oil which through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or the loss of original properties~~)) any of the following:

(a) Spent lubricating fluids which have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine;

(b) Spent industrial oils, including compressor, turbine, and bearing oil, hydraulic oil, metal-working oil, refrigeration oil, and railroad drainings;

(c) Any nonfuel oil that has been refined from crude oil, and has been used, and, as a result of use, has been contaminated with physical or chemical impurities;

(d) Any nonfuel oil that has been refined from crude oil and, as a consequence of extended storage, spillage, or contamination with nonhazardous impurities such as dirt and water, is no longer useful to the original purchaser;

(e) Contaminated fuel oil with a flash point greater than one hundred degrees Fahrenheit.

"Used oil" does not include oil which has a flash point below one hundred degrees Fahrenheit or which has been intentionally mixed with hazardous waste, other than minimal amounts of vehicle fuel or which contains polychlorinated biphenyls (PCBs) at a concentration of five ppm or greater. This subsection shall be regulated pursuant to chapter 70.105 RCW.

(2) "Recycle" means to prepare used oil for reuse as a petroleum product by refining, rerefining, reclaiming, reprocessing, or other means or to use used oil as a substitute for a petroleum product made from new oil, provided that the preparation or use is operationally safe, environmentally sound, and complies with all laws and rules.

(3) "Department" means the department of ecology.

(4) "Director" means the director of the department of ecology.

(5) "Person" means an individual, private or public corporation, partnership, cooperative, association, estate, municipality, political subdivision, or governmental agency or instrumentality.

NEW SECTION. Sec. 2. Any person in the business of transporting or recycling used oil shall be licensed by the department. To obtain a license, each applicant shall:

(1) Provide assurances, to the satisfaction of the department, that the applicant is in compliance with this chapter and any rules regarding used oil transportation and recycling; and

(2) Post a bond in the sum of ten thousand dollars in favor of the state of Washington. In lieu of a bond, the applicant may submit financial assurances acceptable to the department.

NEW SECTION. Sec. 3. (1) Any person who knowingly transports or recycles used oil for compensation without having a license required pursuant to section 2 of this act shall be guilty of a gross misdemeanor and upon conviction shall be punished under RCW 9A.20.021.

(2) Any person who knowingly contracts for the delivery of used oil with a transporter not having a license required pursuant to section 2 of this act shall be guilty of a gross misdemeanor and upon conviction shall be punished under RCW 9A.20.021.

NEW SECTION. Sec. 4. (1) A person may use used oil as a fuel only if the following standards are met:

(a) Arsenic: Five ppm or less;

(b) Cadmium: Two ppm or less;

(d) Lead: Fifty ppm or less;

(e) Total Halogens: One thousand ppm or less;

(f) Polychlorinated Biphenyls: Less than two ppm; and

(g) Flash point: One hundred degrees Fahrenheit or greater.

(2) As of July 1, 1991, compliance with the standards established in this section may not be met by blending or diluting used oil with crude or virgin oil.

NEW SECTION. Sec. 5. Any person selling used oil for use as a fuel, or as a substitute for crude oil, lubricants, or equivalent uses, shall ensure that the used oil meets all the requirements under section 4 of this act.

NEW SECTION. Sec. 6. The use of used oil as a dust suppressant or weed control agent is prohibited unless the oil meets the following standards:

(1) Lead: Five ppm or less;

(2) Cadmium: One ppm or less;

(3) Total Halogens: One hundred ppm or less; and

(4) Such other standards, as are determined necessary by the department.

NEW SECTION. Sec. 7. (1) (a) Effective July 1, 1991, no person may knowingly dispose of used oil except by delivery to a person or entity collecting used oil subject to the provisions of this chapter, or as provided for by the department.

(b) The department shall allow the use of fiber based kits to absorb used oil as a means for disposing of used oil until July 1, 1991. As of the effective date of this act, such kits shall carry a clearly marked label stating the following:

THE USE OF THIS KIT IS ILLEGAL AS OF JULY 1, 1991.

(2) Effective July 1, 1991, no owner or operator of a solid or hazardous waste landfill, or solid or hazardous waste incinerator, may knowingly accept used oil for disposal, except as provided for by the department.

(3) Effective July 1, 1991, any person who violates this chapter shall be subject to a fine of up to one thousand dollars. Nothing in this section shall supersede the provisions under chapter 70.105 or 90.48 RCW.

Sec. 8. Section 1, chapter 137, Laws of 1983 and RCW 19.114.010 are each amended to read as follows:

The legislature recognizes that millions of gallons of used oil are generated each year in this state and that its improper disposal has an adverse effect upon the economy and the environment. Improper disposal of used oil creates leaching problems within landfills, is a significant source of water pollution, has a detrimental impact on the fisheries industry, and contributes toward the overall shortage of energy resources. In light of these harmful consequences and the ease with which used oil can be recycled, the legislature declares that it is the policy of this state to collect and recycle used oil into products with the highest possible economic value. This recycling will also create a number of new jobs within the state.

Sec. 9. Section 15, chapter 528, Laws of 1987 as last amended by section 91, chapter 431, Laws of 1989 (uncodified) is amended to read as follows:

(1) The joint select committee for preferred solid waste management is created for the purpose of monitoring the implementation of this act and for making further recommendations for legislation to fulfill the purposes of this act. The committee shall consist of four members of the house of representatives appointed by the speaker of the house and four members of the senate appointed by the president of the senate. Equal membership of each major political caucus shall be provided. The president of the senate and the speaker of the house of representatives shall each designate a cochair of the committee. The committee shall involve the department of ecology, the utilities and transportation commission, and representatives of organizations representing cities, counties, the public, the waste management industry, the energy recovery and incineration industry waste haulers, and the private recycling industry. The committee shall report its findings and recommendations to the appropriate standing committees of the legislature.

(2) The department of ecology may provide the committee with specific recommendations on waste management programs from studies the department has undertaken as required by RCW 70.95.263.

(3) The committee shall attempt to determine the reasons why higher rates of waste reduction and recycling have not been achieved in the state and develop recommendations on how to achieve higher rates.

(4) The committee's recommendations shall include (a) specific programs for waste reduction, recycling, incineration, and landfills, (b) specific goals for solid waste management, and (c) specific responsibilities for state government, local government, and the private sectors to accomplish the committee's recommendations. The committee shall also recommend specific legislation and rule-making requirements to accomplish the committee's findings.

(5) The committee shall assess the potential for used oil to be made into lubricating products. The committee shall submit such assessment to the appropriate standing committees of the legislature on or before December 1, 1990.

(6) The joint select committee for preferred solid waste management shall cease to exist on July 1, 1991.

NEW SECTION. Sec. 10. Sections 2 through 7 of this act are each added to chapter 19.114 RCW.

NEW SECTION. Sec. 11. Sections 2 and 3 of this act shall take effect July 1, 1991.