2007 California Public Resources Code Article 7. Certification

CA Codes (prc: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 specified 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 two
years.  The board may cancel the certification of a center if the
board finds, after a public hearing, 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) (A) Accept used lubricating oil from the public at no charge
during the hours between 8 a.m. and 8 p.m. that the entity operating
as the center is open for business.
   (B) The board may approve alternative hours for the acceptance of
used lubricating oil by an individual center if either of the
following conditions is met:
   (i) The center accepts used lubricating oil for 12 continuous
hours daily.
   (ii) The center demonstrates that compliance with Section 279.31
of Title 40 of the Code of Federal Regulations prevents the center
from complying with subparagraph (A).
   (2) Pay to any person an amount equal to the recycling incentive
which the center will receive for used lubricating oil brought to the
center in containers by the person.  Nothing in this chapter
prohibits any person from donating used lubricating oil to a center.
With the exception of centers that generate used lubricating oil by
servicing motor vehicles, 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, through onsite signs and
periodic advertising in local media, of the center's acceptance of
used lubricating oil from the public.
   (A) Onsite signs shall be of a design prescribed by the board and
exterior signs shall be posted in a location that is easily visible
from a public street.
   (B) A certified center shall post a combined symbolic and
information exterior sign of at least two feet by three feet in size,
or shall post an exterior symbolic sign of at least two feet by 18
inches in size.  If the exterior symbolic sign is posted, the
combined symbolic and informational sign shall be concurrently posted
so that it is easily readable from the location where the used oil
is received from the public.  The exterior symbolic sign shall
include the following words in a manner specified by the board:
"Used Oil Collection Center."
   (C) The informational portion of the combined signs shall include
the following words, in a manner specified by the board:  "Used Oil
Collection Center--Recycling Incentive Paid for Used Lubricating Oil
in Containers During Business Hours from Members of the Public Who
Change Their Own Oil."
   (D) A center that does not accept used lubricating oil from the
public during all of its business hours, but meets the requirements
of paragraph (1), shall indicate on the exterior sign the hours when
that used oil is accepted at no charge from the public and these
hours shall be posted instead of the business hours.
   (E) 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 which has been contaminated
in a manner other than that which would occur through normal use.
   (d) Notwithstanding subdivision (b), no used oil collection center
shall 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 or a curbside collection program
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 or curbside collection
program is eligible for reimbursement only if it demonstrates to the
satisfaction of the board all of the following:
   (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 halogenated 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 any calendar year, a used oil collection center or curbside
collection program shall be reimbursed for not more than one
shipment and for not more than five thousand dollars (,000) in
disposal costs, subject to the availability of funds pursuant to
Section 48656.



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.  The board shall certify or recertify any used oil recycling
facility 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.  If the board denies certification, the
board may subsequently certify a facility if it determines that the
facility meets the standards for certification.