2009 North Carolina Code
Chapter 130A - Public Health.
§ 130A-309.17. Registration of persons transporting, collecting, or recycling used oil; fees; reports and records.

§ 130A‑309.17.  Registration of persons transporting, collecting, or recycling used oil; fees; reports and records.

(a)        The following persons shall register annually with the Department pursuant to rules of the Department on forms prescribed by it:

(1)        Any person who transports over public highways more than 500 gallons of used oil per week.

(2)        Any person who maintains a collection facility that receives more than 6,000 gallons of used oil annually.  For purposes of registration, the amount received does not include used oil delivered to collection centers by individuals that change their own personal motor oil.

(3)        Any facility that recycles more than 10,000 gallons of used oil annually.

(b)        An electric utility which generates during its operation used oil that is then reclaimed, recycled, or rerefined by the electric utility for use in its operations is not required to register or report pursuant to this section.

(c)        An on‑site burner which only burns a specification used oil generated by the burner is not required to register or report pursuant to this section, provided that the burning is done in compliance with any air permits issued by the Department.

(d)        The Department may prescribe a fee for the registration required by this section in an amount which is sufficient to cover the cost of processing applications but which does not exceed twenty‑five dollars ($25.00).

(e)        The Department shall require each registered person to submit, no later than 1 July of each year, a report which specifies the type and quantity of used oil transported, collected, and recycled during the preceding calendar year.

(f)         Each registered person who transports or recycles used oil shall maintain records which identify:

(1)        The source of the materials transported or recycled;

(2)        The quantity of materials received;

(3)        The date of receipt; and

(4)        The destination or end use of the materials.

(g)        The Department shall perform technical studies to sample used oil at facilities of representative used oil transporters and at representative recycling facilities to determine the incidence of contamination of used oil with hazardous, toxic, or other harmful substances.

(h)        Any person who fails to register with the Department as required by this section shall be guilty of a misdemeanor and upon conviction shall be punished as provided by G.S. 130A‑25(a) and G.S. 14‑3.

(i)         The proceeds from the registration fees imposed by this section shall be deposited into the Solid Waste Management Trust Fund. (1989, c. 784, s. 2.)