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RULE §324.4Prohibitions

The commission incorporates by reference the Prohibitions in 40 Code of Federal Regulations Subpart B, §279.12. In addition, the commission requires the following:

  (1) A person must not collect, transport, store, burn, market, recycle, process, use, discharge, or dispose of used oil in any manner that endangers the public health or welfare of the environment.

  (2) A person commits an offense if the person:

    (A) intentionally discharges used oil into a sewer, drainage system, septic tank, surface water or groundwater, watercourse, or marine water;

    (B) knowingly puts used oil in waste that is to be disposed of in landfills or directly disposes of used oil on land;

    (C) knowingly transports, treats, stores, disposes of, recycles, markets, burns, processes, re-refines used oil within the state:

      (i) without first complying with the registration requirements of this rule; and/or

      (ii) in violation of rules for the management of used oil;

    (D) intentionally applies used oil to roads or land for dust suppression, weed abatement, or other similar uses;

    (E) violates an order of the commission to cease and desist any activity prohibited by this section or any rule applicable to a prohibited activity; or

    (F) intentionally makes any false representation in any document used for program compliance.

  (3) An exception to paragraph (2) of this section is if a person knowingly disposes into the environment any used oil that has not been separated by the generator from other solid wastes.

  (4) An exception to paragraph (2)(B) of this section is if the mixing or commingling of used oil with waste to be disposed of in landfills is the unavoidable result of the mechanical shredding of motor vehicles, appliances or other metals.

Source Note: The provisions of this §324.4 adopted to be effective March 6, 1996, 21 TexReg 2393; amended to be effective March 17, 1998, 23 TexReg 2822; amended to be effective August 8, 1999, 24 TexReg 5882; amended to be effective February 21, 2013, 38 TexReg 973

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