(a) The department of environmental services shall establish a used oil recycling program. Under the program, the department, by January 1, 1990, shall:
(1) Establish and operate at least one used oil collection center; and
(2) Conduct used oil recycling education and promotion activities.
In addition, the department may establish and provide a curbside used oil collection service, but only after establishment of at least one used oil collection center and commencement of the used oil recycling education and promotion activities.
(b) For the purposes of this section, “used oil” means a petroleum-based oil that through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.
(c) The department shall establish at least one used oil collection center, at which used oil, generated from other than commercial or industrial activities, shall be accepted from individuals. Each center shall be established on the grounds of a solid waste disposal facility, wastewater treatment plant, wastewater pump station, corporation yard, or other facility under the jurisdiction of the department, or at privately operated service stations designated by the department. Establishment shall be contingent upon a finding by the department that the used oil collection activity shall not unduly interfere with or endanger the employees or operations of the other facility. In the operation of the used oil collection center, the department shall not:
(1) Accept used oil from any business or any individual who has generated the used oil from commercial or industrial activities;
(2) Impose any charge on an individual for accepting used oil from the individual; or
(3) Pay any amount to an individual for accepting the used oil from the individual, except from funds appropriated by the council for the payment of incentives to encourage individuals to turn in used oil.
(d) The department shall conduct used oil recycling education and promotion activities, which shall include but not be limited to the following:
(1) Promotion of public awareness of the hazards and detrimental effects that may result from disposal of used oil in the solid waste disposal system and wastewater treatment and disposal system;
(2) Promotion of public awareness of the hazards and detrimental effects that may result from release of used oil into the environment, especially the groundwater;
(3) Promotion of public awareness of the businesses and facilities to which used oil may be transported for lawful disposal; and
(4) Provision of information to businesses generating used oil of federal, State, and city laws and rules concerning disposal of the used oil.
(e) The department may establish a curbside used oil collection service, under which used oil shall be collected by the department from private dwellings and multi-unit residential buildings. If established, the department periodically on scheduled days, shall collect containers of used oil which are placed within the sidewalk area. The department shall establish the procedures for the collection of used oil, which shall be separate from the procedures for collection of refuse. Under no circumstances shall the department collect used oil from businesses, nor shall the department impose a charge for collection of the used oil.
(f) Used oil accepted or collected by the department shall be disposed of under arrangement with a holder of a permit under HRS Chapter 342J, to transport, market, or recycle used oil. The city may pay a fee or charge to the used oil transporter, marketer, or recycler under an arrangement to transport, market, or recycle the used oil. To keep that fee or charge to a minimum, the department may transport any collected or accepted used oil to the facility of the used oil transporter, marketer, or recycler.
(g) In the implementation of the used oil recycling program, the department shall comply with all applicable federal and State laws and rules. If a permit from the federal or State government is required to undertake any activity under the program, the department shall obtain the necessary permit.
(1990 Code, Ch. 2, Art. 23, § 2-23.2) (Added by Ord. 16-29)