62-710.850. Management of Used Oil Filters

(1) Prohibition. No person who removes or manages used oil filters shall dispose of such filters, or commingle such filters with other solid waste for disposal, in a landfill in Florida. It is the responsibility of the generator to make reasonable efforts to assure that such filters are not disposed of in a landfill. This prohibition shall not apply to used oil filters generated by individual households.

(2) Generators. Each generator of used oil filters whose solid waste is typically disposed of in a landfill shall either register as a used oil filter processor or shall ensure that its filters are transported by a registered used oil filter transporter and processed by a registered used oil filter processor or end user. This does not include persons who recycle engine blocks on which used oil filters remain. Generators of used oil filters are exempt from the registration and reporting requirements of this rule provided that they transport their own used oil filters in sealed containers of 55 gallons or less which are secured to a vehicle owned by the generator.

(3) Registration. The following persons shall register with the Department in accordance with the requirements of subsections 62-710.500(2) and (4), F.A.C.:

(a) Used oil filter transporters;

(b) Used oil filter transfer facilities;

(c) Used oil filter processors; and

(d) End users of used oil filters, including scrap metal dealers, metal foundries, waste-to-energy (WTE) facilities, and thermal processing units such as cement kilns, who accept used oil filters from a person who is not a registered used oil filter processor. An end user shall not be required to comply with the provisions of this section with respect to used oil filters that have been obtained from a registered used oil filter processor.

(4) Used oil filter processors.

(a) Each registered used oil filter processor shall maintain records on Form 62-710.901(2) as adopted by reference in subsection 62-710.510(1), F.A.C., or on substantially equivalent forms which contain at least the same information as the Department form. These records shall include the destination or end use of the processed used oil filters, including the name and street address of each destination or end user.

(b) The records required by this subsection shall be retained for a period of three years. The records shall be kept at the street address of the registered person and shall be available for inspection by the Department during normal business hours.

(c) No later than March 1 of each year, each registered used oil filter processor shall submit an annual report for the preceding calendar year to the Department on Form 62-710.901(3) as adopted by reference in subsection 62-710.510(5), F.A.C. This report shall summarize the records kept pursuant to paragraph (a) of this subsection.

(5) General requirements for the storage of used oil filters.

(a) All persons storing used oil filters shall store used oil filters in above ground containers which are clearly labeled “Used Oil Filters,” and which are in good condition (no severe rusting, apparent structural defects or deterioration) with no visible oil leakage. The containers shall be sealed or otherwise protected from weather and stored on an oil-impermeable surface.

(b) Upon detection of a release of oil from any used oil filter container the facility owner or operator shall:

1. Stop the release;

2. Contain the released oil;

3. Clean up and manage properly the released oil and any subsequent oily waste in accordance with the provisions of Chapter 770, F.A.C., if applicable; and

4. Repair or replace any leaking used oil filter storage containers prior to returning them to service.

Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.751, 403.754, 403.769 FS. History–New 6-8-95, Amended 12-23-96, 6-9-05, 1-4-09, 4-23-13.