California Department of Resources Recycling and Recovery (CalRecycle) 

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

Chapter 8. Used Oil Recycling Program

Article 2.1. Recordkeeping, Auditing, and Administrative Actions for Entities Claiming Recycling Incentives

Section 18619.1. Scope and applicability.

The regulations contained in this Article set forth recordkeeping requirements with which certified used oil collection centers, industrial generators, and curbside collection programs wishing to claim recycling incentives must comply.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48631(d), 48660, 48670, and 48680, Public Resources Code.


Section 18619.2. Inspection of Books, Records, and Operations for Compliance.

(a)  An operator of a certified or registered program shall provide access to CalRecycle or persons authorized by CalRecycle for any one or all of the following purposes:

(1) To determine compliance with the provisions of the Act and this Chapter;

(2) To determine the accuracy of any information provided to CalRecycle;

(3) For the investigation of complaints related to compliance with the provisions of the Act and this Chapter; or

(4) To inspect any records required by the Act or this Chapter.

(b) An applicant for certification or registration shall provide access to CalRecycle or persons authorized by CalRecycle for the purposes listed in subparts (a)(1), (a)(2), and (a)(4) of this Section.

(c) Failure to provide access, as required, may result in one or more of the following:

(1) Denial of a pending application;

(2) Cancellation of a certification or registration, or denial of a recertification request;

(3) Legal actions pursuant to Public Resources CodeSection 48680;

(4) Recoupment of monies previously paid by CalRecycle, which were the subject of the inspection; or

(5) Rejection of incentive claims made to CalRecycle.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48631(d), 48660, 48670, and 48680, Public Resources Code.


Section 18619.3. Maintenance of Redcords for the Requirements of this Chapter.

(a) Any records which are required to be maintained pursuant to this Chapter or the Act must be kept in accordance with the following provisions:

(1) CalRecycle must be given notice of the location of applicable records on or before April 1, 1993, or upon certification or registration pursuant to Articles 6 and 6.1 of this Chapter, respectively. "Notice" of any change in location, or intent to establish a new location of such records, must be provided no less than ten (10) days prior to any change in location or establishment of a new location. "Notice" shall mean a written notice stating the name of the business entity, the complete present and potential future addresses of the location of the records, if applicable, and the names and telephone numbers of the individual(s) responsible for such records.

(2) Records must be retained for at least three years.

(3) All records maintained pursuant to this Chapter must include the books of account that are ordinarily maintained by the average prudent business person engaged in the same activity, together with all bills, receipts, invoices, manifests, consolidated manifests, manifest receipts, cash register tapes, or other documents of original entry supporting the entries in the books of account. If records are maintained in an Automatic Data Processing (ADP) system, it must have built into its program a method of producing visible and legible records which will provide the necessary information to determine compliance with the requirements of this Chapter.

(4) All records maintained pursuant to this Chapter shall be suitable for examination. Records satisfy this standard when they are prepared and retained in accordance with generally accepted accounting principles and good business practice. 

Note:

Authority cited: Sections 40502 and 48651, Public Resources Code.
Reference: Sections 48631 (d), 48660, 48670, and 48680, Public Resources Code.


Section 18619.4. Proprietary or Confidential Information Submitted to CalRecycle.

(a) All information obtained by CalRecycle, or persons authorized by CalRecycle, may be disclosed to the public upon request, unless the information is exempt from disclosure pursuant to the Act, the Public Records Act (Government Code Section 2650 et. seq.), or another applicable law. Information exempt from public disclosure may include, but is not limited to: proprietary information concerning specific sales or purchases of new or used lubricating or industrial oil; market reports; personal financial data; and trade secrets, as defined in the Public Resources Code, which the reporter has requested not be publicly disclosed.

(b) Any information submitted to CalRecycle that is believed to be a trade secret, must be identified at the time of submission. Any information not identified as a trade secret shall be made available to the public, unless exempted from disclosure by another provision of law.

(c) Regarding trade secrets, CalRecycle shall determine whether any or all of the information has been properly identified as a trade secret.

(d) Upon receipt of a written request for records pertaining to information obtained by CalRecycle pursuant to this Chapter, CalRecycle shall determine whether the requested information is exempt from disclosure.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48675, Public Resources Code.


Section 18619.5. Non-compliance of Cetified or Registered Used Oil Collection Programs.

Violations of the Act or of any regulation contained in this Chapter may be subject to the provisions of Section 48680 of the Public Resources Code.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48631(d), 48660, and 48680, 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/
Legal Office: LegalSec@CalRecycle.ca.gov (916) 327-0089