P.R. Laws tit. 12, § 1335

2019-02-20 00:00:00+00
§ 1335. Definitions

The following words or terms, whenever used or referred to in this chapter, shall have the meaning stated hereinbelow, unless it is otherwise clearly indicated by the context:

(1) Lubricating oil.— Any oil designed to be used in motor vehicles, including, but without being limited to motor oil, transmission lubricating oil and hydraulic oil.

(2) Used oil.— Refers to any lubricating oil that has been removed from the motor, transmission or differential of an automobile, bus, truck, vessel, airplane, helicopter, heavy machinery or machinery that uses an internal combustion motor; any oil refined from crude oil that has been used and as a result of said use has been contaminated with physical or chemical impurities; and any refined oil from crude oil that as a result of extended storage, spill or contamination cannot be used. “Used oil” does not include fuel, waxes, petrolatum, asphalt and other petroleum products that are not generally considered “oil” or which are not originally intended to be used as lubricants. Oil that has been mixed with hazardous substances is not included in this definition.

(3) Carrier or transporter.— Any person who transports used oil in quantities which the Environmental Quality Board shall determine through regulation to that effect.

(4) Government agency or instrumentality.— Any agency, department, office, public corporation or instrumentality whether of the state or municipal government.

(5) Collection center.— A place duly authorized for the collection of used oil generated by the persons who make lubricating oil changes on their own motor vehicles and which complies with the environmental regulations applicable to the storage and management of said waste.

(6) Distributor.— Any person who sells lubricating oil at wholesale prices in Puerto Rico.

(7) Fund.— Means the Used Oil Collection and Management Fund created pursuant to the provisions of § 1335j of this title.

(8) Used oil generator.— Means any person certified by the Board who, as a result of his or her actions or processes, causes the generation of used oil or who by his or her actions causes the used oil to be considered regulated material. This definition includes but is not limited to collection centers or any other service station, vehicle repair shop, automotive service establishment, or vehicle sales establishment that changes lubricating oil; any person who changes the lubricating oil of a float of vehicles or any person who performs lubricating oil changes.

(9) Importer.— Any person who receives or brings into Puerto Rico lubricating oil or used lubricant from abroad, for his/her use, for industrial use, for reselling, whether as a consignee or through a shipping agent or any other intermediary.

(10) Used oil final disposal facility (end destination).— A place duly authorized by the Board for the reuse of used oil as an energy source and/or any other practice of reuse, which operates in compliance with the applicable requirements of state and federal regulating agencies.

(11) Bulk.— Product handled in a single container of 550 gallons or more.

(12) Board.— Environmental Quality Board, created by virtue of Act No. 9 of June 18, 1970, to protect the environment.

(13) License.— A certification conferred by the Commonwealth through the Department of the Treasury, whereby a person is authorized to import lubricating oils for his/her use, for industrial use, or for reselling, or to manufacture lubricating oils within the jurisdiction of the government of Puerto Rico.

(14) Manifest.— Document that the Environmental Quality Board shall adopt through resolution to identify the quantity, composition, origin, route and destination of any non-hazardous used waste oil that has been transported to a treatment, storage or processing and final disposal facility.

(15) Lubricating oil manufacturer.— A person located in Puerto Rico who manufactures lubricating oil from oil bases or refines used oil to produce lubricating oil.

(16) Person.— Any natural or juridical person, including any entity, municipality, agency, public corporation, authority or government instrumentality.

(17) Used oil processor.— A person authorized by the Environmental Quality Board, who carries out physical or chemical processes for the transformation of used oil into raw material, or to facilitate its reuse as an energy source.

(18) Semi-bulk.— Product packed in 55 gallon drums up to 550 gallons in bulk containers (IBC).

(19) Motor vehicle.— Any self-propelled vehicle, machine or means of transportation, including [water-]vessels and aircraft.

(20) Salesperson.— Any person who engages in the retail sale of lubricating oil in Puerto Rico.

History —Aug. 31, 1996, No. 172, § 2; Aug. 29, 2000, No. 230, § 1; Dec. 26, 2006, No. 290, § 2, eff. Jan. 1, 2007.