Rule 62-710.401. Prohibitions

(1) No person shall collect, transport, store, recycle, use, or dispose of used oil, used oil filters or oily wastes except as authorized in this chapter or in Chapter 403, F.S.

(2) No person shall discharge used oil into soils, sewers, drainage systems, septic tanks, surface or ground waters, watercourses, or marine waters.

(3) Except as provided herein, no person shall mix or commingle used oil with solid waste that is to be disposed of in landfills in Florida or directly dispose of used oil in landfills in Florida.

(a) Oily wastes, sorbents or other materials used for maintenance or to clean up or contain spills or releases of used oil, and soils contaminated with used oil as a result of spills or releases are not subject to this prohibition. In some cases, other Department rules, local ordinances, or landfill policies may prohibit the disposal of such materials.

(b) Any person wishing to dispose of solid waste mixed with used oil in a landfill in Florida which is otherwise prohibited by this subsection may apply to the Department for approval of alternate procedures in accordance with Rule 62-701.310, F.A.C. If the basis for the request is that it is impractical to separate the used oil from the solid waste, the request may be submitted without a fee.

(c) Any person who unknowingly disposes of used oil into a landfill in Florida, including used oil filters which have not been properly segregated or separated from other solid wastes by the generator, is not guilty of a violation under this subsection. This provision is applicable to landfill operators who unknowingly accept such wastes for disposal.

(4) Except as provided in Sections 403.767(1) and 403.754(2), F.S., generators of used oil are prohibited from using transporters that do not have an EPA Identification number, are not certified with the State of Florida, or are not currently registered with the State of Florida to transport used oil in accordance with the requirements of this chapter. The status of a transporter’s certification can be verified on the Department’s website at https://floridadep.gov/waste/permitting-compliance-assistance/content/used-oil-recycling.

(5) Notwithstanding the provisions found in 40 CFR 279.10(b)(3), no person shall mix or commingle used oil with hazardous substances that make it unsuitable for recycling or beneficial use.

(6) Used oil shall not be used for road or pavement oiling for dust control, weed abatement, or other similar uses that have the potential to release used oil into the environment.

(7) Tank and Container management. General requirements for the storage of used oil.

(a) No person shall store used oil in tanks or containers unless the tanks or containers are:

1. Clearly labeled with the words “Used Oil”,

2. In good condition (no severe rusting, apparent structural defects or deterioration), and

3. Not leaking (there are no visible leaks).

(b) If tanks or containers are not stored inside a structure, the contents shall be closed, covered, or otherwise protected from the weather.

(c) If tanks or containers are not double-walled, they shall be stored on an oil-impermeable surface such as sealed concrete or sealed asphalt and must have secondary containment which has the capacity to hold 110 percent of the volume of the largest tank or container within the containment area. For underground storage tanks with capacities greater than 110 gallons and aboveground storage tanks with capacities greater than 550 gallons, the facility shall comply with Chapters 62-761 and 62-762, F.A.C. Rulemaking Authority 403.061, 403.704 FS. Law Implemented 403.751 FS. History–New 6-9-05, Amended 4-23-13, 4-24-25.