(1) the used oil retention facility is temporarily filled to capacity; or
(2) the retail establishment has a current contract with another retail establishment, municipality or service establishment with an on-premises used oil retention facility, for the collection of the contracting retail establishment's used lubricating oil. In counties or cities with a population of one million or more the distance between such contracting retail establishment and the contractor shall not exceed eight miles. In all other areas of the state the contracting retail establishment and the contractor shall be within the same or adjacent towns or cities; or
(3) the retail establishment has been granted a hardship waiver by the commissioner for the inability to comply with this section. d. Signs required. (1) Every retail establishment with an on-premises used oil retention facility shall post a conspicuous sign, open to public view, stating "WE ACCEPT USED OIL FOR RECYCLING AT NO CHARGE". Such establishment may additionally state, on the same sign or an additional sign, that used oil is accepted only during normal business hours, and may state such hours.
(2) Every retail establishment that contracts with another retail establishment or service establishment, shall post a conspicuous sign, open to the public view stating: "USED OIL FOR RECYCLING WILL BE ACCEPTED BY (name of contracted establishment) AT (Address of contracted establishment) AT NO CHARGE". Such establishment may additionally state, on the same sign or an additional sign, that used oil is accepted only during normal business hours of the contracted establishment, and may state such hours. 3. For the purposes of this section, so long as a service or retail establishment shall maintain its used oil retention facilities in compliance with the provisions of this section and any rules and regulations promulgated hereunder and shall deliver collected quantities of used oil to a duly permitted waste transporter or dispose of the used oil as otherwise authorized or permitted by the commissioner, such service establishment shall be exempt from the provisions of titles seven and nine of article twenty-seven and article seventy-two of this chapter.
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