19-6-703.  Definitions.

(1)  “Board” means the Waste Management and Radiation Control Board created in Section 19-1-106.

Terms Used In Utah Code 19-6-703

  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)  “Commission” means the State Tax Commission.

(3)  “Department” means the Department of Environmental Quality created in Title 19, Chapter 1, General Provisions.

(4)  “Director” means the director of the Division of Waste Management and Radiation Control.

(5)  “Division” means the Division of Waste Management and Radiation Control, created in Section 19-1-105.

(6)  “DIY” means do it yourself.

(7)  “DIYer” means a person who generates used oil through household activities, including maintenance of personal vehicles.

(8)  “DIYer used oil” means used oil a person generates through household activities, including maintenance of personal vehicles.

(9)  “DIYer used oil collection center” means any site or facility that accepts or aggregates and stores used oil collected only from DIYers.

(10)  “Hazardous waste” means any substance defined as hazardous waste under Title 19, Chapter 6, Hazardous Substances.

(11)  “Lubricating oil” means the fraction of crude oil or synthetic oil used to reduce friction in an industrial or mechanical device. Lubricating oil includes rerefined oil.

(12)  “Lubricating oil vendor” means the person making the first sale of a lubricating oil in Utah.

(13)  “Manifest” means the form used for identifying the quantity and composition and the origin, routing, and destination of used oil during its transportation from the point of collection to the point of storage, processing, use, or disposal.

(14)  “Off-specification used oil” means used oil that exceeds levels of constituents and properties as specified by board rule and consistent with 40 C.F.R. § part 279, Standards for the Management of Used Oil.

(15)  “On-specification used oil” means used oil that does not exceed levels of constituents and properties as specified by board rule and consistent with 40 C.F.R. § part 279, Standards for the Management of Used Oil.

(16) 

(a)  “Processing” means chemical or physical operations under Subsection (16)(b) designed to produce from used oil, or to make used oil more amenable for production of:

(i)  gasoline, diesel, and other petroleum derived fuels;

(ii)  lubricants; or

(iii)  other products derived from used oil.

(b)  “Processing” includes:

(i)  blending used oil with virgin petroleum products;

(ii)  blending used oils to meet fuel specifications;

(iii)  filtration;

(iv)  simple distillation;

(v)  chemical or physical separation; and

(vi)  rerefining.

(17)  “Recycled oil” means oil reused for any purpose following its original use, including:

(a)  the purpose for which the oil was originally used; and

(b)  used oil processed or burned for energy recovery.

(18)  “Rerefining distillation bottoms” means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition varies with column operation and feedstock.

(19)  “Used oil” means any oil, refined from crude oil or a synthetic oil, that has been used and as a result of that use is contaminated by physical or chemical impurities.

(20) 

(a)  “Used oil aggregation point” means any site or facility that accepts, aggregates, or stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons.

(b)  A used oil aggregation point may also accept oil from DIYers.

(21)  “Used oil burner” means a person who burns used oil for energy recovery.

(22)  “Used oil collection center” means any site or facility registered with the state to manage used oil and that accepts or aggregates and stores used oil collected from used oil generators, other than DIYers, who are regulated under this part and bring used oil to the collection center in shipments of no more than 55 gallons and under the provisions of this part. Used oil collection centers may accept DIYer used oil also.

(23)  “Used oil fuel marketer” means any person who:

(a)  directs a shipment of off-specification used oil from its facility to a used oil burner; or

(b)  first claims the used oil to be burned for energy recovery meets the used oil fuel specifications of 40 C.F.R. § part 279, Standards for the Management of Used Oil, except when the oil is to be burned in accordance with rules for on-site burning in space heaters in accordance with 40 CFR 279.

(24)  “Used oil generator” means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

(25)  “Used oil handler” means a person generating used oil, collecting used oil, transporting used oil, operating a transfer facility or aggregation point, processing or rerefining used oil, or marketing used oil.

(26)  “Used oil processor or rerefiner” means a facility that processes used oil.

(27)  “Used oil transfer facility” means any transportation-related facility, including loading docks, parking areas, storage areas, and other areas where shipments of used oil are held for more than 24 hours during the normal course of transportation and not longer than 35 days.

(28) 

(a)  “Used oil transporter” means the following persons unless they are exempted under Subsection (28)(b):

(i)  any person who transports used oil;

(ii)  any person who collects used oil from more than one generator and transports the collected oil;

(iii)  except as exempted under Subsection (28)(b)(i), (ii), or (iii), any person who transports collected DIYer used oil from used oil generators, collection centers, aggregation points, or other facilities required to be permitted or registered under this part and where household DIYer used oil is collected; and

(iv)  owners and operators of used oil transfer facilities.

(b)  “Used oil transporter” does not include:

(i)  persons who transport oil on site;

(ii)  generators who transport shipments of used oil totalling 55 gallons or less from the generator to a used oil collection center as allowed under 40 C.F.R. § 279.24, Off-site Shipments;

(iii)  generators who transport shipments of used oil totalling 55 gallons or less from the generator to a used oil aggregation point owned or operated by the same generator as allowed under 40 C.F.R. § 279.24, Off-site Shipments;

(iv)  persons who transport used oil generated by DIYers from the initial generator to a used oil generator, used oil collection center, used oil aggregation point, used oil processor or rerefiner, or used oil burner subject to permitting or registration under this part; or

(v)  railroads that transport used oil and are regulated under 49 U.S.C. Subtitle V, Rail Programs, and 49 U.S.C. § 5101 et seq., federal Hazardous Materials Transportation Uniform Safety Act.

Amended by Chapter 451, 2015 General Session

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