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Tennessee do-it-yourselfers (DIYers) generate more than 1,000,000 gallons of used motor oil each year. If it is not disposed of properly, used oil can interfere with the operation of sewer systems and can easily get into our groundwater and streams. It is estimated that up to 60 percent of the used motor oil generated by Tennessee's do-it-yourselfers may end up polluting our lakes, streams, and groundwater. In an effort to prevent water pollution, the Tennessee Water Quality Control Act of 1977 (T.C.A. Section 69-3-108(b)) makes it unlawful (except under the conditions of a valid permit) for any person to place any waste (including oil) in any location where it is likely to move into any public or private ground or surface water. The maximum penalty is $10,000 per each day of occurrence. Used oil is a valuable resource when properly collected and recycled. It can be re-refined and purified into a high quality motor oil, conserving our nation's natural resources and saving consumers money.

The Used Oil Collection Act of 1993 was enacted by the General Assembly in April, 1993 to reduce the amount of improperly disposed used oil by providing incentives to increase the number of public collection facilities for used oil. It is the purpose of the Act to provide for:

  1. Establishment and maintenance of used oil collection facilities and programs that support used oil collection and recycling;
  2. Development of management standards for used oil collectors, transporters, and recyclers; and
  3. Promotion of educational programs to encourage the public to dispose of used oil properly.

STATE FEE

The Act requires every distributor of automotive oil to collect a two cent ($.02) per quart fee on the retail sale of packaged automotive oil to fund the used oil collection fund. The fee is required only once on any given quantity of automotive oil. Oil being sold by a distributor for export from the state or oil sold to wholesalers, retailers, or users certifying to the distributor that the oil is for use in industrial machinery, is exempt from the fee. Fees are collected by the Department of Revenue on a quarterly basis. Each distributor must register with the Department of Revenue for each place of business or location.

USED OIL COLLECTION FUND

Revenues from the state fee are deposited in a special fund designated The Used Oil Collection Fund. Money in this fund draws interest and does not revert to the General Fund at the end of a fiscal year. The Act limits the uses of the fund as noted or stated in the following paragraphs. The Department of Environment and Conservation may accept donations, grants, gifts, and other assistance from any source to carry out its powers and duties under the Act. Any such monetary gifts, grants or donations must be deposited in the fund.

The Department of Environment and Conservation has been designated to administer and enforce the provisions of the Used Oil Collection Act. The Act provides for a variety of activities and funds are available for grants or loans as incentives to reduce improperly disposed used oil. Technical assistance is available to public and private operators of used oil collection centers where used oil has been contaminated by any hazardous waste.

INFORMATION HOT LINE

A toll-free telephone number (1-800-287-9013) is available to disseminate information concerning used oil collection centers within the state. The hotline provides the locations and operating hours of collection centers; requirements for collection locations that accept commercial used oil; and other information regarding used oil.

AVAILABILITY OF GRANT FUNDS AND LOANS

Used oil grants, subsidies, and/or loans may be awarded to establish and operate used oil collection centers.

The Act also provides for grants or subsidies to purchase equipment which burns used oil as fuel. Priority will be given to applicants who establish used oil collection centers in "underserved" areas.

Operators of used oil collection centers may apply for reimbursement for the disposal of contaminated used oil requiring disposal as a hazardous waste. However, such reimbursement shall be awarded only to operators who have complied with management standards and rules of the Department; and such reimbursement is limited to one occurrence per year per used oil collection center.

In addition, grants may be awarded to develop and implement educational programs to encourage proper handling, disposal and recycling of used oil, programs to provide direct incentives to DIYers to properly handle and dispose of used oil, and programs to provide direct incentives to for-profit and not-for-profit entities to establish and operate used oil collection centers.

USED OIL COLLECTION CENTERS:

The Department will provide, upon request, a sign which identifies used oil collection centers. Used oil collection centers must use storage containers that comply with all state and federal regulations concerning tank structure and integrity, maintenance, supervision, employee training and housekeeping. Collection centers must establish the maximum amount of used oil they will accept from any person in one (1) day. Such maximum shall be at least five (5) gallons but no more than ten (10) gallons. Used oil collection centers may only transfer oil to certified transporters and must maintain records of all volumes of materials collected on an annual basis. This must include the identity of the hauler and the name and location of the recycling facility to which the oil was transported.

USED OIL TRANSPORTERS

The State has developed certification procedures for transporters accepting used oil from public, private and commercial collection facilities. Any transporter of used oil who transports: a) quantities of used oil in excess of 55 gallons at any given time, or b) who transports more than 1,000 gallons of used oil in a calendar year, must be a certified transporter. Transporters must demonstrate familiarity with state regulations and proper used oil management standards. The equipment used for transportation must be in good mechanical condition and suitable for the transportation of used oil. Transporters must provide proof of liability insurance or other means of financial responsibility as required by the Department. All record-keeping and reporting practices must comply with all applicable state regulations. Finally, transporters must document that all used oil is delivered to qualified customers or certified recyclers. The Department will require annual reporting of type and quantity of used oil transported, collected and recycled during the preceding year.

MANAGEMENT STANDARDS AND REGULATIONS:

The Department of Environment and Conservation has promulgated Standards for the Management of Used Oil. These standards include requirements for notification of releases of used oil into the environment as well as clean up standards.

FOR MORE INFORMATION

Used Oil Collection
General Information
Paula Mitchell
Division of Solid Waste Management
8th Floor, L&C Tower, 401 Church Street
Nashville, TN 37243-1533
615-532-9296
Grants Administration
Ronald White
Division of Solid Waste Management
8th Floor, L&C Tower, 401 Church Street
Nashville, TN 37243-1533
615-532-4967
Regulatory/Compliance Issues
Nina Vo
Division of Solid Waste Management
5th Floor, L&C Tower, 401 Church Street
Nashville, TN 37243-1535
615-532-9268