SENATE, No. 2251

STATE OF NEW JERSEY

INTRODUCED NOVEMBER 17, 1997

By Senator CARDINALE

An Act concerning the disposal and recycling of used motor oil filters, and supplementing P.L.1970, c.39 (C.13:1E-1 et seq.).

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. As used in this act:

    "Distributor" means a person who sells motor oil filters at wholesale to retailers in this State, including any manufacturer who engages in these sales.

    "Manufacturer" means a person producing motor oil filters for sale to distributors or retailers or consumers.

    "Motor oil filter" means an integral part of an oil-flow system, the purpose of which is to remove contaminants from the flowing oil contained within the system.

    "Retailer" means a person engaged in the sale of motor oil filters to any person at retail and includes any manufacturer or distributor engaging in retail sales.

    "Sanitary landfill facility" means a solid waste facility at which solid waste is deposited on or in the land as fill for the purpose of permanent disposal or storage for a period exceeding six months, except that it shall not include any waste facility approved for disposal of hazardous waste.

    "Solid waste" means garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for source separated recyclable materials or source separated food waste collected by livestock producers approved by the State Department of Agriculture to collect, prepare and feed such wastes to livestock on their own farms.

    "Solid waste facilities" means, and includes, the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by, or on behalf of, any person, public authority or county pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.

    "Used motor oil filter" means a motor oil filter which through use, storage or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.

    2. a. No person may dispose of a used motor oil filter in a sanitary landfill facility. A used oil motor filter shall be recycled in accordance with the used motor oil filter management regulations adopted by the Department of Environmental Protection in accordance with section 4 of this act.

    b. No sanitary landfill facility may knowingly accept for disposal a used motor oil filter.

    3. a. Every retailer of motor oil filters shall conspicuously post and maintain, at or near the point of sale, a legible notice to consumers, not less than 8 1/2 inches by 11 inches in size, informing the public of the importance of the proper collection and disposal of used motor oil filters, and how and where used motor oil filters may be properly disposed.

    b. Every retailer who sells, distributes or delivers motor oil filters individually or in bulk shall, upon delivery, provide notice to their customers regarding the importance of the proper collection and disposal of used motor oil filters, and how and where used motor oil filters may be properly disposed.

    4. The Commissioner of the Department of Environmental Protection shall adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations providing for the management of use motor oil filters, including, but not limited to the recycling of used motor oil filters and the recovery of any waste oil, steel or metals.

    5. This act shall take effect one year following enactment, except that the Commissioner of the Department of Environmental Protection may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

STATEMENT

    This bill would prohibit the disposal of a used motor oil filter in a sanitary landfill facility. Instead, used motor oil filters must be recycled, recovering any waste oil, steel or metals in accordance with regulations concerning the management of used motor oil filters to be adopted by the Department of Environmental Protection. The bill would further require retailers of motor oil filters to post and maintain notices regarding the proper management of used motor oil filters.

Regulates the disposal of used motor oil filters.