815 ILCS 440/ Waste Oil Recovery Act. - Illinois Statutes

(815 ILCS 440/1) (from Ch. 96 1/2, par. 7701)     Sec. 1. Short title. This Act shall be known and may be cited as the "Waste Oil Recovery Act". (Source: P.A. 81‑379.)

(815 ILCS 440/2) (from Ch. 96 1/2, par. 7702)     Sec. 2. Definitions. As used in this Act, unless the context otherwise requires, words and phrases shall have the meanings ascribed to them in Sections 2.1 through 2.10. (Source: P.A. 81‑379.)

(815 ILCS 440/2.1) (from Ch. 96 1/2, par. 7702.1)     Sec. 2.1. "Waste oil" or "used oil" means any oil which has been refined from crude oil, has been used, and as a result of such use has been contaminated by physical or chemical impurities. (Source: P.A. 81‑379.)

(815 ILCS 440/2.2) (from Ch. 96 1/2, par. 7702.2)     Sec. 2.2. "New oil" means any oil which has been refined from crude oil and has not been used, and which may or may not contain additives. Such term does not include used oil or recycled oil. (Source: P.A. 81‑379.)

(815 ILCS 440/2.3) (from Ch. 96 1/2, par. 7702.3)     Sec. 2.3. "Recycled oil" means:     (a) used oil from which physical and chemical contaminants acquired through use have been removed by re‑refining or other processing, or     (b) any blend of oil, consisting of such re‑refined or otherwise processed used oil and new oil or additives with respect to which the manufacturer has determined, pursuant to the rule prescribed under Title V, Section 383 of the Federal "Energy Policy and Conservation Act" (P.L. 94‑163) and promulgated by the Federal Trade Commission, is substantially equivalent to new oil for a particular end use. (Source: P.A. 81‑379.)

(815 ILCS 440/2.4) (from Ch. 96 1/2, par. 7702.4)     Sec. 2.4. "Lubricating oil" means all oil regardless of origin which:     (a) is suitable for use as a lubricant or     (b) is sold for use as a lubricant. (Source: P.A. 81‑379.)

(815 ILCS 440/2.5) (from Ch. 96 1/2, par. 7702.5)     Sec. 2.5. "Automotive oil" means all oil including lubricating and hydraulic oil, which is used in automobiles, trucks, buses, motorcycles and all other motorized vehicles which travel on or off roads and highways. (Source: P.A. 81‑379.)

(815 ILCS 440/2.6) (from Ch. 96 1/2, par. 7702.6)     Sec. 2.6. "Fuel oil" means all oil which has been refined, re‑refined or reclaimed for the purpose of being burned to reproduce heat. (Source: P.A. 81‑379.)

(815 ILCS 440/2.7) (from Ch. 96 1/2, par. 7702.7)     Sec. 2.7. "Person" means any individual, partnership, firm, company, corporation, association, political subdivision, State agency or any other legal entity and any officer or agent thereof. (Source: P.A. 81‑379.)

    (815 ILCS 440/2.8)(from Ch. 96 1/2, par. 7702.8)
    Sec. 2.8. "Department" means the Department of Commerce and Economic Opportunity.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

(815 ILCS 440/3) (from Ch. 96 1/2, par. 7703)     Sec. 3. Legislative finding. The General Assembly finds:     (a) that a great volume of waste oil is being disposed of in ways that pollute the waters, air and lands of the State of Illinois.     (b) that this oil is a valuable natural resource, the conservation of which can benefit the people of Illinois.     (c) that the absence of legislative direction has historically acted to inhibit the reuse of this resource. (Source: P.A. 81‑379.)

(815 ILCS 440/4) (from Ch. 96 1/2, par. 7704)     Sec. 4. Purpose. The General Assembly declares that to the maximum extent possible, consistent with this Act and other State and federal laws, all forms of used petroleum based oils shall be recycled.     The purpose of this Act shall be to enhance, promote and facilitate the highest beneficial uses of all forms of used petroleum based oils in order to:     (a) encourage the recycling of used oil;     (b) promote the use of recycled oil;     (c) reduce consumption of new oil by promoting increased utilization of recycled oil;     (d) reduce environmental hazards and wasteful practices associated with the disposal of used oil; and     (e) protect the health and welfare of the people of Illinois. (Source: P.A. 81‑379.)

(815 ILCS 440/5) (from Ch. 96 1/2, par. 7705)     Sec. 5. The Department shall be responsible for administering the provisions of this Act.     The Department shall encourage the voluntary collection and recycling of used oil by retail sellers of more than 500 gallons per year of lubricating oil. The Department shall also provide technical assistance to persons or businesses interested in such collecting and recycling. (Source: P.A. 82‑592.)

    (815 ILCS 440/6)(from Ch. 96 1/2, par. 7706)
    Sec. 6. Any establishment engaged in retail sales of automotive lubricating oils is urged to post a sign clearly visible to the public in every area where automotive lubricating oils are sold, indicating the closest used oil storage facility. The sign shall be a minimum size of 8 1/2 inches by 11 inches and shall be available from the Department of Commerce and Economic Opportunity upon request by a retail seller of 500 or more gallons per year of automotive lubricating oil.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

(815 ILCS 440/7) (from Ch. 96 1/2, par. 7707)     Sec. 7. No lubricating oil, regardless of its origin, or any product that is a blend of recycled oil and new oil shall be sold, offered for sale or delivered for use in an internal combustion engine unless such product is substantially equivalent to new oil for the particular end use for which it is labeled as determined by test procedures promulgated by the Federal Trade Commission as prescribed under Title V, Section 383 of the federal "Energy Policy and Conservation Act" (P.L. 94‑163). This Section shall take effect six months after the promulgation of federal standards concerning the use of recycled oil as a lubricating oil and the use of recycled oil as a fuel oil, or six months from the effective date of this Act, whichever is later. (Source: P.A. 81‑379.)

(815 ILCS 440/8) (from Ch. 96 1/2, par. 7708)     Sec. 8. The Department shall, in conjunction with appropriate government departments and agencies, institutions, and industry groups conduct public information and educational programs designed to inform the public of the efforts of the State of Illinois in regard to the recycling of oil in order to conserve a vital natural resource. (Source: P.A. 82‑592.)

(815 ILCS 440/9) (from Ch. 96 1/2, par. 7709)     Sec. 9. All State officials shall act within their authority to encourage the use of recycled oil and prohibit any discriminatory action which would be discouragement to the use of recycled oils. (Source: P.A. 81‑379.)