Prohibitions will be as in 40 CFR Subpart B, §279.12 and as specified herein.

1. (1) A person shall 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 or endangers or damages the environment.

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

   1. (A) intentionally discharges used oil into a sewer, drainage system, septic tank, surface water or groundwater, watercourse, or marine water;
   2. (B) knowingly mixes or commingles used oil with waste that is to be disposed of in landfills or directly disposes of used oil on land;

   3. (C) knowingly transports, treats, stores, disposes of, recycles, markets, burns, processes, rerefines, or causes any used oil to be transported or otherwise handled within the state:

      1. (i) without first complying with the notification/registration requirements of this rule; and/or
      2. (ii) in violation of standards or rules for the management of used oil;
   4. (D) intentionally applies used oil to roads or land for dust suppression, weed abatement, or other similar uses that introduce used oil into the environment;
   5. (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
   6. (F) intentionally makes any false statement or representation in an application, label, manifest, record, report, permit or other document filed, maintained or used for purposes of program compliance.
3. (3) It is an exception to the application of paragraph (2) of this section if a person unknowingly disposes into the environment any used oil that has not been properly segregated or separated by the generator from other solid wastes.
4. (4) It is an exception to the application of paragraph (2)(B) of this section if the mixing or commingling of used oil with waste that is to be disposed of in landfills is incident to and the unavoidable result of the mechanical shredding of motor vehicles, appliances or other items of scrap, used, or obsolete 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.