California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 8. Used Oil Recycling Program

Article 1. General Provisions and Definitions

Section 18600. Introduction.

This Chapter has been adopted by the Department of Resources Recycling and Recovery (CalRecycle) pursuant to and for the purpose of implementing the California Oil recycling Enhancement Act, Sections 48600 through 48691 of the Public Resources Code. Nothing in this Chapter is intended to limit the authority of any other state or local agency in its proper exercise of regulatory authority over oil manufacturers, used oil haulers, or used oil recycling facilities.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48600, 48630, and 48680, Public Resources Code.


Section 18601. Definitions.

(a) In addition to the definitions provided in the Public Resources Code, the following definitions shall apply whenever the terms are used in this Chapter.

(1) "Act" means the California Oil Recycling Enhancement Act as described in Division 30, Part 7, Chapter 4 of the Public Resources Code.

(2) "Anonymously donated" means delivered to a used oil collection center under circumstances which prevent identification of the generator, such as delivery after hours.

(3) “CalRecycle” means the California Department of Resources Recycling and Recovery.

(4) "CalRecycle Oil manufacturer registration number" means the registration number provided by CalRecycle or its designee to all oil manufacturers. All oil manufacturers must obtain a registration number from CalRecycle prior to submitting reports to CalRecycle.

(5) "Curbside collection program" means a service which collects used oil from households on a monthly or more regular basis, and which may collect other recyclable materials, including but not limited to newspaper, glass containers, aluminum cans, and bi-metals.

(6) "Department" means the Department of Toxic Substances Control.

(7) "Fee" means the $0.24 per gallon fee that oil manufacturers must pay to CalRecycle for each gallon of lubricating oil sold, and the $0.12 per gallon fee that manufacturers pay to CalRecycle for each gallon of rerefined lubricating oil sold, pursuant to Section 48650 of the Public Resources Code.

(8) "Fiscal year" means the year commencing on July 1 and ending on June 30 of each year.

(9) "Generator" means any entity which generates used oil or causes a used oil hauler to transport such oil.

(10) "Generator category" includes:

(A) Collection station (i.e., service station, shop, garage, recycling center, curbside recycling operation)

(B) Industrial source

(C) Marine source

(D) Agricultural source

(E) Governmental source

(F) Outside California

(G) Other Haulers

(11) "Incentive claim" means the formal request for payment of incentive fees on used lubricating oil transported by a used oil hauler to a certified used oil recycling facility or to an out-of-state facility registered with the U.S. EPA and in compliance with the regulations of the state in which the facility is located. The incentive claim/report is designed to satisfy the report requirements described in Public Resources Code Section 48670.

(12) "Industrial oil", as it is defined in Public Resources Code, Section 48616, 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.

(13) "Internal combustion engine" includes engines powered by gasoline, methanol, alcohol fuels, diesel, compressed natural gas, propane, or butane.

(14) "Local agency" means a public entity which is a city, county, or district, or any political subdivision but not the State.

(15) "Lubricating oil", as it is defined in Public Resources Code, Section 48618, includes any oil which is intended for use in machinery powered by an internal combustion engine. Lubricating oil includes 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. Lubricating oil also includes consumer additives which are intended to be mixed with lubricating oils in an internal combustion engine and synthetic lubricating oils. Lubricating oil does not include oil intended for use in a 2 cycle engine where the oil is entirely consumed during usage.

(16) “Lubricating oil seller” means an entity that sells lubricating oil in California.

(17) "Manifest" means a uniform hazardous waste manifest as defined in Section 25160 of the Health and Safety Code, which is hereby incorporated by reference.

(18) "Manifest Receipt" means the consolidated manifest receipt completed for each generator and attached to the manifest pursuant to 25160.2 of the Health and Safety Code, which is hereby incorporated by reference.

(19) "Must" means a provision is mandatory.

(20) "Oil manufacturer" as it is defined in Section 48619 of the Public Resources Code, means the first person or entity in California to take title to lubricating or industrial oil for sale, use or transfer in California. For purposes of this chapter a person or entity who first takes title to lubricating or industrial oil from an out-of-state entity, for purposes of sale or distribution, is the oil manufacturer.

(21) "Operator" means the person or entity responsible for the handling and collection of used oil at a certified used oil collection center, curbside collection program, private business, state or local governmental agency, nonprofit organization, or electric utility.

(22) "Patron" means the person or entity delivering used oil to a certified collection center for storage and transportation to a recycling facility.

(23) "Quarter" means a three month period during a calendar year. For each year, the first quarter commences January 1 and ends March 31, the second quarter commences April 1 and ends June 30, the third quarter commences July 1 and ends September 30, and the fourth quarter commences October 1 and ends December 31, all inclusive.

(24) "Recycling incentive" means the amount CalRecycle pays for each quart of lubricating oil recycled, to every industrial generator, curbside collection program, or certified used oil collection center pursuant to Sections 48651(a) and (b) of the Public Resources Code.

(25) "Regional" means any geographic area which includes two or more local agencies.

(26) “Rerefining Incentive,” means the amount CalRecycle pays to a certified rerefining facility for each quart of lubricating oil rerefined pursuant to Section 48651.5(a) of the Public Resources Code.

(27) "Used lubricating oil generated by a certified used oil collection center" means used lubricating oil generated on-site by the certified used oil collection center. It does not include used oil generated by an entity other than the center, except used oil delivered by the public in quantities of no more than 20 gallons per person per day.

(28) "Used oil collection program" means a program undertaken by a local agency to encourage the collection, recycling, and proper disposal of used oil generated at households. A used oil collection program includes, but is not limited to, integration of used oil collection into an existing curbside collection program, household hazardous waste program, and a public education and awareness program to promote opportunities for, and to educate the public as to the benefits from, the recycling of used oil.

(29) "Used oil storage facility" means a hazardous waste facility which stores used oil, as defined in Section 25123.3(a) of the Health and Safety Code.

(30) "Used oil transfer facility" means a hazardous waste transfer facility that either stores used oil for periods greater than 144 hours, or that transfers used oil from one container to another as defined in Section 25123.3(c) of the Health and Safety Code.

(31) "U.S. EPA" means the United States Environmental Protection Agency.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48601, 48616, 48618, 48619, 48651, 48660, 48670, 48671, 48674, 48690, and 48691, Public Resources Code.

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Last updated: CalRecycle regulations are updated continuously as changes are made and approved by the Office of Administrative Law.
Regulations http://www.calrecycle.ca.gov/Laws/Regulations/
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