SECTIONS 3460-3473 - California Statutes

PUBLIC RESOURCES CODE

SECTION 3460-3473

3460. (a) As used in this article:
(1) "Used oil" has the same meaning as defined in subdivision (a)
of Section 25250.1 of the Health and Safety Code.
(2) "Recycle" means to prepare used oil for reuse as a petroleum
product by refining, reclaiming, reprocessing, or other means, in
order to attain the standards specified by paragraph (3) of
subdivision (a) of Section 25250.1 of the Health and Safety Code.
"Recycle" does not include the application of used oil to roads for
the purpose of dust control or to the ground for the purpose of weed
abatement. "Recycle" does not include incineration or burning of used
oil as a fuel.
(3) "Board" means the California Integrated Waste Management
Board.
(4) "Person" means any individual, private or public corporation,
partnership, limited liability company, cooperative, association,
estate, municipality, political or jurisdictional subdivision, or
government agency or instrumentality.
(b) The amendments made to this section by Chapter 1123 of the
Statutes of 1987 do not affect the validity of any existing
regulations of the Department of Toxic Substances Control relating to
the management of used oil blended or diluted with virgin oil or any
partially refined oil product as a hazardous waste, and do not
affect the authority of the Department of Toxic Substances Control to
prohibit blending or diluting used oil with an uncontaminated
product to achieve the standards for recycled oil, as specified in
paragraph (3) of subdivision (a) of Section 25250.1 of the Health and
Safety Code.

3462. The Legislature finds that almost 100 million gallons of used
automotive and industrial oil are generated each year in the state;
that used oil is a valuable petroleum resource which can be recycled;
and that, in spite of this potential for recycling, significant
quantities of used oil are wastefully disposed of or improperly used
by means which pollute the water, land, and air and endanger the
public health and welfare.

3463. It is the intent of the Legislature in enacting this article
that used oil shall be collected and recycled to the maximum extent
possible, by means which are economically feasible and
environmentally sound, in order to conserve irreplaceable petroleum
resources, preserve and enhance the quality of natural and human
environments, and protect public health and welfare.

3465. The board shall conduct a public education program to inform
the public of the needs for and benefits of collecting and recycling
used oil in order to conserve resources and preserve the environment.
As part of this program, the board shall:
(a) Adopt rules, in accordance with subdivision (a) of Section
3470, requiring any person who sells to a consumer more than 500
gallons of lubricating or other oil annually in containers for use
off the premises to inform purchasers by posting at or near the point
of purchase the locations of conveniently located collection
facilities.
Such rules shall provide that in a county wherein 5 percent or
more of the population, as determined in accordance with the latest
Bureau of the Census information, speak a specific primary language
other than English, the signs shall be in such other language, as
well as English.
(b) Establish, maintain, and publicize a used oil information
center that shall explain local, state, and federal laws and
regulations governing used oil and inform holders of quantities of
used oil on how and where used oil may be properly disposed.
(c) Encourage the establishment of voluntary used oil collection
and recycling programs and provide technical assistance and, whenever
possible, financial assistance, to persons organizing such programs.
(d) Encourage the procurement of rerefined automotive and
industrial oils for all state and local uses, whenever such rerefined
oils are available at prices competitive with those of new oil
produced for the same purpose.

3466. (a) The board shall prescribe guidelines for providing safe
and conveniently located facilities for the deposit of used oil by
persons possessing not more than five gallons at one time at no cost
to those persons.
(b) The improper disposal of used oil pursuant to Section 25250.5
of the Health and Safety Code is prohibited and is subject to
penalties pursuant to Article 8 (commencing with Section 25180) of
Chapter 6.5 of Division 20 of the Health and Safety Code.

3469. The board, and every state officer and employee, shall
encourage the purchase of recycled oil products represented as
substantially equivalent to products made from new oil in accordance
with Section 3471.

3470. (a) All rules and regulations of the board shall be adopted,
amended, and repealed in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(b) The board shall coordinate activities and functions with all
other state agencies, including, but not limited to, the Department
of Toxic Substances Control, the Department of Water Resources, and
the State Water Resources Control Board, in order to avoid
duplication in reporting and information gathering.

3473. If any provision of this article or the application of it to
any person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of this article which can be
given effect without the invalid provision or application, and to
this end the provisions of this article are severable.