P.R. Laws tit. 12, § 1335d
(1) All lubricating-oil retail salespersons shall establish a used-oil collection center in their place of business and shall accept used oil from any person in quantities of up to five (5) gallons of used oil per person per day, free of charge. However, the establishment of community collection centers is allowed so that two or more salespersons can agree on jointly establishing and operating a collection center within a 3 mile perimeter around the place of business in an urban zone or within an 8 mile perimeter of the place of business of the salesperson, if in a rural zone, as these zones are defined by the Planning Board of Puerto Rico. Said agreements shall be properly documented and approved by the Environmental Quality Board. None of the community collection centers shall be located at a distance from any establishment that uses it, that is greater than what is established in this section.
(2) Any natural or juridical person who neither generates used oil nor sells lubricating oils can establish a collection center provided he/she meets the applicable environmental regulations.
(3) The Solid Waste Authority shall provide technical assistance to those persons who are required to establish a collection center under this section or who voluntarily establish collection centers.
(4) If the operator of a used oil collection center accepts used oil that is contaminated according to the parameters stipulated by the Environmental Quality Board and/or applicable federal laws and regulations, whichever is most restrictive, without fault or negligence, the cost of disposal of said contaminated oil shall be covered by the Used Oil Collection and Management Fund or by any other insurance administered by the same for said purpose.
(5) All collection centers shall meet any operating requirement established by the Environmental Quality Board in the regulations promulgated under this chapter and shall also comply with any storage requirement or other applicable environmental laws or regulations.
(6) The Environmental Quality Board shall promulgate, through regulation, the requirements and certification for the used oil collection centers on or before six (6) months from the approval of this act. The Environmental Quality Board shall require that the used oil collection centers, as a minimum, shall:
(a) Accept uncontaminated used oil from persons who change their own oil in quantities of up to five (5) gallons per person per day up to a maximum of twenty-five gallons a month.
(b) Comply with the minimum requirement of operating hours established by the Environmental Quality Board.
(c) Comply with the regulations applicable to storage tanks.
(d) Comply with the regulations promulgated by virtue of this chapter.
(7) The cost for the carrying and disposal of the used oil collected from collection centers or from the industrial and private sector by the Used Oil Collection and Management Fund established under this chapter shall be computed using a determination of costs based on the experience of the local industry, provided it does not exceed six hundred and fifty (650) percent [sic] of the total collected. The persons in charge of the collection center, used oil generators, and used oil processors may qualify for receiving payments for the carrying and disposal of used oil. In order to be able to receive payments, these persons shall meet the following requirements:
(a) Person in charge of the collection center.—
(i) Comply with Board regulations.
(ii) Obtain an identification number from the Board as used oil generator.
(iii) Comply with any other requirement arising from the Non-hazardous Solid Waste Management Regulations of the Board.
(b) Used oil generator.—
(i) Comply with applicable Board regulations.
(ii) Obtain an identification number from the Board as used oil generator.
(iii) Obtain an operation permit for new or modified non-hazardous solid waste facilities as established by the Non-hazardous Solid Waste Management Regulations from the Board to operate a facility that handles used oil, and any other applicable state and federal permit.
(c) Used oil processor.—
(i) Obtain an operation permit for new or modified non-hazardous solid waste facilities as established by the Non-hazardous Solid Waste Management Regulations from the Board, and any other applicable state or federal permit.
(ii) Obtain a written certification by the person in charge of the collection center or by the used oil generator ceding his/her rights to receive directly from the Department of the Treasury the payments for carrying and disposing of used oil.
(iii) Submit to the Board a business plan with letters of intent to establish used oil final disposal facilities, through which he/she assures that the supply to be received of used oil recovered and processed in his/her facilities shall be used in the production of energy and/or in any other reuse authorized by the Board.
The Department of the Treasury shall determine through regulations the procedure to be followed for the payment of costs of carrying and disposing of used oil.
(8) Any persons under contract with a government agency or instrumentality who makes lubricating oil changes on motor vehicles, equipment or machinery, in quantities greater than 55 gallons per year, shall be under the obligation to accept used oil generated by any person as established in this section.
History —Aug. 31, 1996, No. 172, § 6; July 14, 1998, No. 125, § 1; Aug. 29, 2000, No. 230, § 3, eff. 6 months after Aug. 29, 2000.