SECTIONS 48610-48625 - California Statutes

PUBLIC RESOURCES CODE

SECTION 48610-48625

48610. Unless the context otherwise requires, the following
definitions govern the construction of this chapter.

48610.3. "Board" means the Department of Resources Recycling and
Recovery.

48610.5. "Bulk oil" means oil sold and delivered in a single
transaction in an amount greater than 55 gallons regardless of the
size of the container or containers in which the oil is delivered.

48611. "Container" means a drum, can, or other receptacle used
primarily for storage or transportation of oil. "Container" does not
mean the equipment in which oil is used.

48612. "Department" means the Department of Toxic Substances
Control.

48613. "Fund" means the California Used Oil Recycling Fund created
pursuant to Section 48653.

48614. "Industrial generator" means an entity which buys and uses
lubricating oil only for equipment owned or used by the entity.
"Industrial generator" includes state or local governmental entities,
as defined by Section 5902 of the Government Code. "Industrial
generator" does not include motor carriers which have received oil
for which a payment has not been made pursuant to Section 48650.

48616. "Industrial oil" includes, but is not limited to, any
compressor, turbine, or bearing oil, hydraulic oil, metal-working
oil, or refrigeration oil. Industrial oil does not include dielectric
fluids.

48617. "Local government" has the same meaning as defined in
Section 30109.

48618. "Lubricating oil" includes, but is not limited to, any oil
intended for use in an internal combustion engine crankcase,
transmission, gearbox, or differential in an automobile, bus, truck,
vessel, plane, train, heavy equipment, or other machinery powered by
an internal combustion engine.

48618.4. "Mitigation" is the prevention of stormwater pollution
from used oil and oil byproducts and the reduction or alleviation of
the effect of stormwater pollution from used oil and oil byproducts
by means of action taken on public property. Mitigation includes the
installation of devices and implementation of practices that prevent
used oil and oil byproducts from causing stormwater pollution.
Mitigation does not include the cleanup or restoration of polluted
areas.

48619. "Oil manufacturer" means the first person or entity in the
state to take title to lubricating or industrial oil for sale, use,
or transfer in the state.

48620. "Recycled oil" means recycled oil, as defined in Section
25250.1 of the Health and Safety Code.

48620.2. (a) "Rerefined oil" means a lubricant base stock or oil
base that has been derived from used oil and meets all the following
criteria:
(1) Processed using a series of mechanical or chemical methods, or
both, including at a minimum, but not limited to, vacuum
distillation, followed by solvent refining or hydrotreating.
(2) Capable of meeting the Physical and Compositional Properties,
in addition to the Contaminants and Toxicological Properties, as
defined under the American Society for Testing and Materials (ASTM)
D6074-99 standard.
(3) Processed into a material that has a performance quality level
suitable for use in a finished lubricant.
(b) A producer of a rerefined base stock shall provide a purchaser
of that base stock with information that certifies that the
rerefined base stock is rerefined oil, as that term is defined by
subdivision (a). Any rerefined base stock that does not comply with
subdivision (a) shall not be sold as rerefined oil and is subject to
all applicable hazard, personal protection, and risk communication
requirements until subsequent testing demonstrates compliance with
subdivision (a).

48620.5. "Stormwater pollution" for purposes of mitigation does not
include runoff at a specific facility even if there is no point
source at the facility. This pollution is from used oil and oil
byproducts, often mixed with other solid waste, and is typically
dispersed by urban stormwater and marina or boating activities, or
both.

48621. "Used oil" means used oil, as defined in subdivision (a) of
Section 25250.1 of the Health and Safety Code. Used oil does not
include articles contaminated with de minimis quantities of used oil,
such as used oil filters, oily rags, and scrap metal.

48622. "Used oil collection center" means a business, governmental
entity, or nonprofit organization which accepts used lubricating oil
from the public and which is exempt from hazardous waste facility
permit requirements pursuant to subdivision (a) of Section 25250.11
of the Health and Safety Code.

48623. "Used oil hauler" means a hazardous waste transporter
registered pursuant to Chapter 6.5 (commencing with Section 25100) of
Division 20 of the Health and Safety Code who transports used oil to
a used oil recycling facility that is certified or registered with
the board pursuant to Section 48662, to a used oil storage facility,
or to a used oil transfer facility.

48624. "Used oil recycling facility" means a facility that is
issued a hazardous waste facilities permit or grant of interim status
by the department pursuant to Section 25200 or 25200.5 of the Health
and Safety Code to convert used oil into recycled oil, or an
out-of-state facility operating in substantial compliance with Part
279 (commencing with Section 279.1) of Title 40 of the Code of
Federal Regulations for the purpose of recycling used oil.

48625. The following terms have the following meaning:
(a) "Used oil storage facility" has the same meaning as defined in
subdivision (g) of Section 25250.1 of the Health and Safety Code.
(b) "Used oil transfer facility" has the same meaning as defined
in subdivision (h) of Section 25250.1 of the Health and Safety Code.