(a) The Department shall encourage the voluntary establishment of public used oil collection centers and recycling programs and provide technical assistance to persons who organize such programs.
(b) All State agencies and businesses that change motor oil for the public are encouraged to serve as public used oil collection centers.
(c) A public used oil collection center must:
(1) Notify the Department annually that it is accepting used oil from the public; and
(2) Annually report quantities of used oil collected from the public.
(d) No person may recover from the owner or operator of a used oil collection center any costs of response actions resulting from a release of either used oil or a hazardous substance against the owner or operator of a used oil collection center if such used oil is:
(1) Not mixed with any hazardous substance by the owner or operator of the used oil collection center;
(2) Not knowingly accepted with any hazardous substances contained therein;
(3) Transported from the used oil collection center by a certified transporter pursuant to G.S. 130A-309.23; and
(4) Stored in a used oil collection center that is in compliance with this section.
(e) Subsection (d) of this section applies only to that portion of the public used oil collection center used for the collection of used oil and does not apply if the owner or operator is grossly negligent in the operation of the public used oil collection center. Nothing in this section shall affect or modify in any way the obligations or liability of any person under any other provisions of State or federal law, including common law, for injury or damage resulting from a release of used oil or hazardous substances. For purposes of this section, the owner or operator of a used oil collection center may presume that a quantity of no more than five gallons of used oil accepted from any member of the public is not mixed with a hazardous substance, provided that the owner or operator acts in good faith. (1989, c. 784, s. 2)