New York S 6762: Prohibits the sale of used oil and establishes civil and criminal penalties

Bill Text

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S06762 Summary:

BILL NOS06762 

&nbsp

SAME ASSAME AS A01634

&nbsp

SPONSORJACKSON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§23-2308 & 71-2201, add §71-2203, En Con L

&nbsp

Prohibits the sale of used oil; establishes civil and criminal penalties.

Go to top S06762 Actions:

BILL NOS06762 

&nbsp

03/24/2025REFERRED TO ENVIRONMENTAL CONSERVATION

01/07/2026REFERRED TO ENVIRONMENTAL CONSERVATION

Go to topS06762 Committee&nbspVotes:

Go to topS06762 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06762 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6762

 2025-2026 Regular Sessions

 IN SENATE

 March 24, 2025
 ___________

 Introduced by Sen. JACKSON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation

 AN ACT to amend the environmental conservation law, in relation to
 prohibiting the sale of used oil and to establishing civil and crimi-
 nal penalties

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 23-2308 of the environmental conservation law, as
 2 amended by chapter 118 of the laws of 1993, is amended to read as
 3 follows:
 4 § 23-2308. Prohibited disposal or sale of used oil.
 5 1. No person shall engage in the improper disposal of used oil. Used
 6 oil shall only be deposited in an available used oil retention facility
 7 or disposed of as otherwise authorized or permitted by the commissioner.
 8 The provisions of this section shall not apply to the use of used oil
 9 for maintenance or lubrication of agricultural equipment.
 10 2. No person shall sell or offer for sale a used oil disposal kit or
 11 product which is comprised of absorbent material into which the lubri-
 12 cating oil from a vehicle is drained when performing an oil change and
 13 which is intended for disposal into the solid waste stream rather than
 14 for reuse or recycling.
 15 3. No person shall sell or offer for sale used oil, other than to oil
 16 rerefining facilities.
 17 4. No used oil collector shall transfer used oil, other than to rere-
 18 fining facilities or a facility permitted to dispose of used oil by the
 19 commissioner.
 20 § 2. Section 71-2201 of the environmental conservation law, as added
 21 by chapter 740 of the laws of 1978, the opening paragraph and subdivi-
 22 sion 1 as amended and subdivision 3 as added by chapter 901 of the laws
 23 of 1983 and subdivision 4 as added by chapter 294 of the laws of 1991,
 24 is amended and a new section 71-2203 is added to read as follows:
 25 § 71-2201. Enforcement of title 23 of article 23 of this chapter.
 26 [Administrative and civil sanctions.] Violations, civil liability. 1.
 27 Any person who violates any of the provisions of, or who fails to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04175-01-5

 S. 6762 2

 1 perform any duty imposed by title 23 of article 23 except the duty to
 2 accept used oil pursuant to section 23-2307 [or any person subject to
 3 section 23-2308 or any rule or regulation promulgated pursuant thereto],
 4 or any term or condition of any certificate or permit issued pursuant
 5 thereto, or any final determination or order of the commissioner made
 6 pursuant to this section shall be liable for a civil penalty not to
 7 exceed one thousand dollars for each such violation and an additional
 8 penalty of not more than five hundred dollars for each day during which
 9 such violation continues, to be assessed by the commissioner after a
 10 hearing or opportunity to be heard pursuant to the provisions of section
 11 71-1709 of this chapter, and, in addition thereto, such person may by
 12 similar process be enjoined from continuing such violation and any
 13 permit or certificate issued to such person may be revoked or suspended
 14 or a pending renewal application denied.
 15 2. Any person who refuses to accept used oil as required pursuant to
 16 subdivision two of section 23-2307 shall be liable for a civil penalty
 17 not to exceed one hundred dollars.
 18 3. Any person who [violates any provision of] improperly disposes of
 19 used oil in violation of section 23-2308 of this