815 ILCS 440/ Waste Oil Recovery Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

815 ILCS 440/1

(815 ILCS 440/1) (from Ch. 96 1/2, par. 7701)

Sec. 1.

Short title.

This Act shall be known and may be cited as the
"Waste Oil Recovery Act".

(Source: P.A. 81-379.)

815 ILCS 440/2

(815 ILCS 440/2) (from Ch. 96 1/2, par. 7702)

Sec. 2. Definitions.

As used in this Act, unless the context otherwise
requires, words and phrases shall have the meanings ascribed to them in the Sections following this Section and preceding Section 3.

(Source: P.A. 98-756, eff. 7-16-14.)

815 ILCS 440/2.1

(815 ILCS 440/2.1) (from Ch. 96 1/2, par. 7702.1)

Sec. 2.1.

"Waste oil" or "used oil" means any oil which has been refined
from crude oil, has been used, and as a result of such use has been contaminated
by physical or chemical impurities.

(Source: P.A. 81-379.)

815 ILCS 440/2.2

(815 ILCS 440/2.2) (from Ch. 96 1/2, par. 7702.2)

Sec. 2.2.

"New oil" means any oil which has been refined from  crude oil
and has not been used, and which may or may not contain additives.  Such
term does not include used oil or recycled oil.

(Source: P.A. 81-379.)

815 ILCS 440/2.3

(815 ILCS 440/2.3) (from Ch. 96 1/2, par. 7702.3)

Sec. 2.3.

"Recycled oil" means:

(a) used oil from which physical and chemical contaminants acquired through
use have been removed by re-refining or other processing, or

(b) any blend of oil, consisting of such re-refined or otherwise processed
used oil and new oil or additives with respect to which the manufacturer
has determined, pursuant to the rule prescribed under Title V, Section 383
of the Federal "Energy Policy and Conservation Act" (P.L. 94-163) and promulgated
by the Federal Trade Commission, is substantially equivalent to new oil
for a particular end use.

(Source: P.A. 81-379.)

815 ILCS 440/2.4

(815 ILCS 440/2.4) (from Ch. 96 1/2, par. 7702.4)

Sec. 2.4.

"Lubricating oil" means all oil regardless of origin which:

(a) is suitable for use as a lubricant or

(b) is sold for use as a lubricant.

(Source: P.A. 81-379.)

815 ILCS 440/2.5

(815 ILCS 440/2.5) (from Ch. 96 1/2, par. 7702.5)

Sec. 2.5.

"Automotive oil" means all oil including lubricating and hydraulic
oil, which is used in automobiles, trucks, buses, motorcycles
and all other motorized vehicles which travel on or off roads and highways.

(Source: P.A. 81-379.)

815 ILCS 440/2.6

(815 ILCS 440/2.6) (from Ch. 96 1/2, par. 7702.6)

Sec. 2.6.

"Fuel oil" means all oil which has been refined, re-refined
or reclaimed for the purpose of being burned to reproduce heat.

(Source: P.A. 81-379.)

815 ILCS 440/2.7

(815 ILCS 440/2.7) (from Ch. 96 1/2, par. 7702.7)

Sec. 2.7.

"Person" means any individual, partnership, firm, company, corporation,
association, political subdivision, State agency or any other legal entity
and any officer or agent thereof.

(Source: P.A. 81-379.)

815 ILCS 440/2.8

(815 ILCS 440/2.8) (from Ch. 96 1/2, par. 7702.8)

Sec. 2.8.

"Department" means the Department of Commerce and
Economic Opportunity.

(Source: P.A. 94-793, eff. 5-19-06.)

815 ILCS 440/3

(815 ILCS 440/3) (from Ch. 96 1/2, par. 7703)

Sec. 3.

Legislative finding.

The General Assembly finds:

(a) that a great volume of waste oil is being disposed of in ways that
pollute the waters, air and lands of the State of Illinois.

(b) that this oil is a valuable natural resource, the conservation of
which can benefit the people of Illinois.

(c) that the absence of legislative direction has historically acted to
inhibit the reuse of this resource.

(Source: P.A. 81-379.)

815 ILCS 440/4

(815 ILCS 440/4) (from Ch. 96 1/2, par. 7704)

Sec. 4.

Purpose.

The General Assembly declares that to the maximum extent
possible, consistent with this Act and other State and federal laws,
all forms of used petroleum based oils shall be recycled.

The purpose of this Act shall be to enhance, promote and facilitate the
highest beneficial uses of all forms of used petroleum based oils in order to:

(a) encourage the recycling of used oil;

(b) promote the use of recycled oil;

(c) reduce consumption of new oil by promoting increased utilization of recycled oil;

(d) reduce environmental hazards and wasteful practices associated with
the disposal of used oil; and

(e) protect the health and welfare of the people of Illinois.

(Source: P.A. 81-379.)

815 ILCS 440/5

(815 ILCS 440/5) (from Ch. 96 1/2, par. 7705)

Sec. 5.

The Department shall be responsible for administering
the provisions
of this Act.

The Department shall encourage the voluntary collection
and recycling of used oil by retail sellers of more than 500 gallons per
year of lubricating oil.  The Department shall also provide
technical assistance to persons or businesses interested in such collecting
and recycling.

(Source: P.A. 82-592.)

815 ILCS 440/6

(815 ILCS 440/6) (from Ch. 96 1/2, par. 7706)

Sec. 6.

Any establishment engaged in retail sales of automotive lubricating
oils is urged to post a sign clearly visible to the public in every area
where automotive lubricating oils are sold, indicating the closest used oil
storage facility.  The sign shall be a minimum size of 8 1/2 inches by 11
inches and shall be available from the Department of Commerce and Economic Opportunity upon request by a retail seller of
500 or more gallons per year of automotive lubricating oil.

(Source: P.A. 94-793, eff. 5-19-06.)

815 ILCS 440/7

(815 ILCS 440/7) (from Ch. 96 1/2, par. 7707)

Sec. 7.

No lubricating oil, regardless of its origin, or any product that
is a blend of recycled oil and new oil shall be sold, offered for sale
or delivered for use in an internal combustion engine unless such product
is substantially equivalent to new oil for the particular end use for which
it is labeled as determined by test procedures promulgated by the Federal
Trade Commission as prescribed under Title V, Section 383 of the federal
"Energy Policy and Conservation Act" (P.L. 94-163). This Section shall take
effect six months after the promulgation of federal standards concerning
the use of recycled oil as a lubricating oil and the use of recycled oil
as a fuel oil, or six months from the effective date of this Act, whichever is later.

(Source: P.A. 81-379.)

815 ILCS 440/8

(815 ILCS 440/8) (from Ch. 96 1/2, par. 7708)

Sec. 8.

The Department shall, in conjunction with appropriate
government departments and agencies, institutions, and industry groups conduct public
information and educational programs designed to inform the public of the
efforts of the State of Illinois in regard to the recycling of oil in order
to conserve a vital natural resource.

(Source: P.A. 82-592.)

815 ILCS 440/9

(815 ILCS 440/9) (from Ch. 96 1/2, par. 7709)

Sec. 9.

All State officials shall act within their authority to encourage
the use of recycled oil and prohibit any discriminatory action which would
be discouragement to the use of recycled oils.

(Source: P.A. 81-379.)