SECTIONS 48660-48662 - California Statutes

PUBLIC RESOURCES CODE

SECTION 48660-48662

48660. (a) No used oil collection center shall be eligible for the
payment of recycling incentives until the board has certified that
the center is in compliance with the requirements in subdivision (b).
Before certification, the board may require the center to submit any
information that the board determines is necessary to find that the
center is in compliance with those requirements. A center shall
reapply for certification every four years. The board may cancel the
certification of a center if the board finds that the center is not,
or has not been, in compliance with subdivision (b). The board may
withhold the payment of recycling incentives for used lubricating oil
collected by a center if the board finds that the center was not in
compliance with subdivision (b) during the time in which the used
lubricating oil was collected.
(b) To be eligible for certification by the board and for the
payment of recycling incentives, the used oil collection center shall
do all of the following:
(1) Accept used lubricating oil from the public at no charge
during the hours that the entity operating as the center is open for
business.
(2) Pay to a person, at his or her request, an amount equal to the
recycling incentive that the center will receive for used
lubricating oil brought to the center in containers by the person.
Nothing in this chapter prohibits a person from donating used
lubricating oil to a center. The recycling incentive may be in the
form of a credit that may be applied toward the purchase of goods or
services offered by the center, as determined by the board. The
credit shall be in the form of a voucher or coupon with a value of at
least twice the incentive amount to be paid pursuant to Section
48652 and have no other limits for use, unless prescribed by the
board.
(3) Provide information to the board for informing the public of
the center's acceptance of used lubricating oil.
(4) Provide notice to the public of the center's acceptance of
used lubricating oil from the public through periodic advertising in
local media and onsite signs that meet the following requirements:
(A) Onsite signs shall be of a design and specification prescribed
by the board and shall state that the center is certified by the
state and collects used oil from the public at no charge.
(B) A certified center shall post an exterior sign of a design and
specification prescribed by the board in a location that is easily
visible from a public street. In addition, the certified center shall
post an informational sign of a design and specification prescribed
by the board so that it is easily readable from the location where
the used oil is received from the public.
(C) If local zoning ordinances prevent signs of a size consistent
with this paragraph, the exterior symbolic sign shall be of the
maximum allowable size.
(c) Notwithstanding subdivision (b), a used oil collection center
may refuse to accept used lubricating oil that has been contaminated
in a manner other than that which would occur through normal use.
(d) Notwithstanding subdivision (b), a used oil collection center
shall not knowingly accept used lubricating oil for which a payment
has not been made pursuant to Section 48650.

48660.5. (a) If the board finds that a shipment of used oil from a
certified used oil collection center, curbside collection program, or
uncertified publicly funded used oil collection center in a small
rural county is contaminated by hazardous materials in excess of that
which generally occurs in normal use, which renders the used oil
infeasible for recycling, and requires that the used oil be destroyed
at a substantially higher cost than the cost generally to recycle
used oil, the board shall, upon application by the used oil
collection center or curbside collection program, reimburse the
center or program for the additional disposal cost, subject to the
eligibility requirements of subdivision (b), except as provided in
subdivision (c).
(b) A certified used oil collection center, curbside collection
program, or uncertified publicly funded used oil collection center in
a small rural county is eligible for reimbursement only if it
demonstrates to the satisfaction of the board all of the following,
except that paragraph (1) does not apply to an uncertified publicly
funded used oil collection center in a small rural county:
(1) The center or program has established procedures to ensure
that the used oil it generates and accepts from the public will not
be mixed with other hazardous wastes, especially halogen-contaminated
and polychlorinated biphenyl-contaminated wastes. These procedures
shall include, but not be limited to, instructing the public and
employees that used oil shall not be mixed with other hazardous
waste. The board shall not require a center or program to test used
oil received from the public as part of these procedures.
(2) The shipment contains not more than five gallons or pounds of
contaminants combined, based on the contaminant concentrations and
the total volume or weight of the shipment.
(c) In a calendar year, a certified used oil collection center,
curbside collection program, or uncertified publicly funded used oil
collection center in a small rural county shall be reimbursed for not
more than one shipment and for not more than five thousand dollars
($5,000) in disposal costs for halogen-contaminated waste or not more
than the actual net additional costs of disposing of polychlorinated
biphenyl-contaminated wastes, subject to the availability of funds
pursuant to paragraph (4) of subdivision (a) of Section 48653.

48661. (a) On and after July 1, 1992, the department shall annually
inspect used oil recycling facilities.
(b) Within 135 days following inspection, the department shall
submit a report to the board, describing all of the following:
(1) Any violations of Chapter 6.5 (commencing with Section 25100)
of Division 20 of the Health and Safety Code.
(2) Any corrective actions ordered or agreed to by the department.
(3) Progress by the facility in correcting violations identified
in previous inspections.
(c) In the report required by subdivision (b), the department
shall specifically state whether any of the following occurred:
(1) The department has identified violations of subdivision (c) of
Section 25250.1 of the Health and Safety Code regarding achievement
of minimum standards of purity for recycled oil.
(2) The department has identified violations of regulations
requiring financial responsibility assurance for liability, closure,
and postclosure obligations.
(3) Where prior contamination has been identified, the facility
has an approved corrective action plan and has not been found to be
in violation of its requirements.
(4) The department has identified violations that meet the
criteria for class 1 violations, as defined in Section 66260.10 of
Title 22 of the California Code of Regulations.

48662. (a) The board shall certify or recertify a used oil
recycling facility located in this state for which the board has
received a report from the department pursuant to Section 48661,
unless the board determines that the facility is engaged in a
repeating or recurring pattern of noncompliance that poses a
significant threat to public health and safety or the environment.
(b) The board shall require an out-of-state recycling facility,
that receives used oil from a California generator and to which a
recycling incentive may be paid, to register with the board declaring
under penalty of perjury that the facility is operating in
substantial compliance with Part 279 (commencing with Section 279.1)
of Title 40 of the Code of Federal Regulations. An out-of-state
recycling facility registering with the board pursuant to this
subdivision shall, upon request, provide the board or the department
with a copy of any inspection report issued for the facility by, or
any other enforcement related documents available to, the agency
responsible for enforcing Part 279 (commencing with Section 279.1) of
Title 40 of the Code of Federal Regulations at the facility.
(c) The board shall certify or recertify a rerefiner of used oil,
which may be located in this state or be an out-of-state facility,
for which the board has received a report from the department that
the facility meets either of the following requirements:
(1) If the used oil recycling facility is located in this state,
the used oil recycling facility is certified pursuant to subdivision
(a) and produces rerefined base lubricant meeting the specifications
in Section 48620.2.
(2) If the used oil recycling facility is an out-of-state
facility, the facility demonstrates to the satisfaction of the
department all of the following:
(A) The facility substantially meets the requirements in Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations.
(B) The facility produces rerefined base lubricant meeting the
specifications in Section 48620.2. An out-of-state recycling facility
certified by the board pursuant to this subdivision shall, upon
request, provide the board or the department with a copy of records
demonstrating that the used oil has been recycled to meet the
specifications for rerefined oil, as defined in Section 48620.2.
(d) An out-of-state facility that seeks certification shall,
pursuant to subdivision (c), annually certify in writing to the
board, under penalty of perjury, that the facility substantially
meets the requirements in paragraph (2) of subdivision (c).
(e) Paragraph (2) of subdivision (c) does not require the
department to inspect or prohibit the department from inspecting an
out-of-state facility to determine whether the department is
satisfied that the facility substantially meets the requirements for
certification.
(f) As a condition of demonstrating compliance pursuant to
paragraph (2) of subdivision (c), a facility shall enter into an
agreement with the department pursuant to Section 25201.9 of the
Health and Safety Code to pay the department's full expenses of
conducting the review and any inspection costs the department may
incur in determining whether the facility meets the requirements for
certification.
(g) If the board denies certification to a facility subject to
subdivision (a) or (c), the board may subsequently certify the
facility if it determines that the facility meets the standards for
certification.