(a) The Departmentshall encourage the voluntary establishment of public used oil collectioncenters and recycling programs and provide technical assistance to persons whoorganize such programs.
(b) All State agenciesand businesses that change motor oil for the public are encouraged to serve aspublic used oil collection centers.
(c) A public used oilcollection center must:
(1) Notify theDepartment annually that it is accepting used oil from the public; and
(2) Annually reportquantities of used oil collected from the public.
(d) No person mayrecover from the owner or operator of a used oil collection center any costs ofresponse actions resulting from a release of either used oil or a hazardoussubstance against the owner or operator of a used oil collection center if suchused oil is:
(1) Not mixed with anyhazardous substance by the owner or operator of the used oil collection center;
(2) Not knowinglyaccepted with any hazardous substances contained therein;
(3) Transported from theused oil collection center by a certified transporter pursuant to G.S. 130A‑309.23;and
(4) Stored in a used oilcollection center that is in compliance with this section.
(e) Subsection (d) ofthis section applies only to that portion of the public used oil collectioncenter used for the collection of used oil and does not apply if the owner oroperator is grossly negligent in the operation of the public used oilcollection center. Nothing in this section shall affect or modify in any waythe obligations or liability of any person under any other provisions of Stateor federal law, including common law, for injury or damage resulting from arelease of used oil or hazardous substances. For purposes of this section, theowner or operator of a used oil collection center may presume that a quantityof no more than five gallons of used oil accepted from any member of the publicis not mixed with a hazardous substance, provided that the owner or operatoracts in good faith. (1989, c. 784, s. 2)
(a) The Departmentshall encourage the voluntary establishment of public used oil collectioncenters and recycling programs and provide technical assistance to persons whoorganize such programs.
(b) All State agenciesand businesses that change motor oil for the public are encouraged to serve aspublic used oil collection centers.
(c) A public used oilcollection center must:
(1) Notify theDepartment annually that it is accepting used oil from the public; and
(2) Annually reportquantities of used oil collected from the public.
(d) No person mayrecover from the owner or operator of a used oil collection center any costs ofresponse actions resulting from a release of either used oil or a hazardoussubstance against the owner or operator of a used oil collection center if suchused oil is:
(1) Not mixed with anyhazardous substance by the owner or operator of the used oil collection center;
(2) Not knowinglyaccepted with any hazardous substances contained therein;
(3) Transported from theused oil collection center by a certified transporter pursuant to G.S. 130A‑309.23;and
(4) Stored in a used oilcollection center that is in compliance with this section.
(e) Subsection (d) ofthis section applies only to that portion of the public used oil collectioncenter used for the collection of used oil and does not apply if the owner oroperator is grossly negligent in the operation of the public used oilcollection center. Nothing in this section shall affect or modify in any waythe obligations or liability of any person under any other provisions of Stateor federal law, including common law, for injury or damage resulting from arelease of used oil or hazardous substances. For purposes of this section, theowner or operator of a used oil collection center may presume that a quantityof no more than five gallons of used oil accepted from any member of the publicis not mixed with a hazardous substance, provided that the owner or operatoracts in good faith. (1989, c. 784, s. 2)
(a) The Departmentshall encourage the voluntary establishment of public used oil collectioncenters and recycling programs and provide technical assistance to persons whoorganize such programs.
(b) All State agenciesand businesses that change motor oil for the public are encouraged to serve aspublic used oil collection centers.
(c) A public used oilcollection center must:
(1) Notify theDepartment annually that it is accepting used oil from the public; and
(2) Annually reportquantities of used oil collected from the public.
(d) No person mayrecover from the owner or operator of a used oil collection center any costs ofresponse actions resulting from a release of either used oil or a hazardoussubstance against the owner or operator of a used oil collection center if suchused oil is:
(1) Not mixed with anyhazardous substance by the owner or operator of the used oil collection center;
(2) Not knowinglyaccepted with any hazardous substances contained therein;
(3) Transported from theused oil collection center by a certified transporter pursuant to G.S. 130A‑309.23;and
(4) Stored in a used oilcollection center that is in compliance with this section.
(e) Subsection (d) ofthis section applies only to that portion of the public used oil collectioncenter used for the collection of used oil and does not apply if the owner oroperator is grossly negligent in the operation of the public used oilcollection center. Nothing in this section shall affect or modify in any waythe obligations or liability of any person under any other provisions of Stateor federal law, including common law, for injury or damage resulting from arelease of used oil or hazardous substances. For purposes of this section, theowner or operator of a used oil collection center may presume that a quantityof no more than five gallons of used oil accepted from any member of the publicis not mixed with a hazardous substance, provided that the owner or operatoracts in good faith. (1989, c. 784, s. 2)
