Chapter 19.40
RECYCLING OF USED OIL
Sections:
19.40.030 Used oil recycling sign.
19.40.040 Used oil recycling containers.
19.40.050 Public education display.
19.40.060 Violation – Penalty.
19.40.010 Purpose.
In the interest of public health, safety and welfare, and to protect the environment from any damage which may be caused by the improper disposal of used oil, and to facilitate the recycling of used oil as a valuable petroleum resource, the Board of County Commissioners in conformance with Chapter 70.951 RCW, deems it necessary to require certain sellers of lubricating oil and vehicle oil filters to post used oil recycling signs, display educational materials and offer household used oil recycling containers for sale to the public. [Ord. 93-171, § 1, 10-11-93.]
19.40.020 Definitions.
For the purposes of this chapter:
“Lubricating oil” means any oil designed for use in or maintenance of a vehicle, including but not limited to motor oil, gear oil and hydraulic oil. “Lubricating oil” does not mean petroleum hydrocarbons with a flashpoint below 100 degrees centigrade.
“Point of display” means an area of a seller’s premises where containers of lubricating oil or vehicle oil filters are displayed.
“Point of sale” means an area of a seller’s premises where the transaction to purchase lubricating oil or vehicle oil filters takes place.
“Public used oil collection site” means a site where a used oil collection tank has been placed for the purpose of collecting household generated used oil. “Public used oil collection site” also means a vehicle designated or operated to collect used oil from the public.
“Seller” means any person, business or corporation, who sells annually:
1. One thousand or more gallons of lubricating oil to ultimate consumers for use or installation off the premises; or
2. Five hundred or more vehicle oil filters to ultimate consumers for use or installation off the premises.
“Used oil” means:
1. Any lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, hydraulic device or differential of an automobile, bus, truck, vessel, plane, heavy equipment or machinery powered by an internal combustion engine;
2. Any oil that has been refined from crude oil, used, and as a result of use, has been contaminated with physical or chemical impurities; and
3. Any oil that has been refined from crude oil and, as a consequence of extended storage, spillage or contamination, is no longer useful to the original purchaser. “Used oil” does not include used oil to which hazardous wastes have been added.
“Vehicle” means every device physically capable of being moved upon a public or private highway, road, street, watercourse or trail, and in, upon or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, watercourse or trail, except devices moved by human or animal power. [Ord. 93-171 § 2, 10-11-93.]
19.40.030 Used oil recycling sign.
Every seller in unincorporated Cowlitz County shall post and maintain, at or near the point of sale, a durable and legible used oil recycling sign furnished by Cowlitz County Department of Public Works. The sign will provide information on the importance of used oil recycling and the location of public used oil collection sites. [Ord. 93-171, § 3, 10-11-93.]
19.40.040 Used oil recycling containers.
Every seller in unincorporated Cowlitz County shall, at or near the point of display, provide for the sale of household used oil recycling containers. [Ord. 93-171, § 4, 10-11-93.]
19.40.050 Public education display.
Every seller in unincorporated Cowlitz County shall, either at the point of display or point of sale, provide an area for the display of educational materials in the form of pamphlets and other appropriate materials concerning the recycling of used oil or vehicle oil filters, to be provided by Cowlitz County Department of Public Works. [Ord. 93-171, § 5, 10-11-93.]
19.40.060 Violation – Penalty.
Any person who, after notice, violates this chapter is guilty of a misdemeanor and is punishable, upon conviction, by a fine not to exceed $1,000. [Ord. 93-171, § 6, 10-11-93.]
19.40.070 Severability.
Should any section, subsection or part of this chapter be declared unconstitutional or invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. [Ord. 93-171, § 7, 10-11-93.]