California Department of Resources Recycling and Recovery (CalRecycle) 

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

Chapter 8. Used Oil Recycling Program

Article 6.0. Used Oil Collection Center Certification and Operation Standards

Section 18650. Scope and Applicability.

Any person wishing to certify a used oil collection center, pursuant to Section 48660 of the Public Resources Code, must comply with the provisions of this Article.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18650.1. Eligibility for the Certified Collection Center Program.

Any operator or proposed operator of a used oil collection center is eligible to apply for certification from CalRecycle. Application for certification of a used oil collection center is optional and is not required by the Act or this Chapter.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18650.2. Application for Certification.

(a) A separate, complete application containing the information requested in Section 18650.3, below, for each used oil collection center must be submitted to CalRecycle when requesting certification.

(b) The filing period for applications is continuous.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18650.3. Certification Application Requirements.

(a) To be considered complete, applications shall contain the following information:

(1) A request for either initial certification, or recertification.

(A) If the application is for recertification, it shall include only that information which has changed since the last application for certification was submitted to CalRecycle.

(2) The name, street and mailing address, e-mail address (if available), and phone number (if applicable) of the used oil collection center, and, if different, of the operator.

(3) The name, phone number, and e-mail address (if available) of a contact person for the used oil collection center if different from the operator.

(4) The type of organization which the operator represents.

(A) If the organization is an individual business doing or proposing to do business under a different name, the applicant shall provide a copy of the fictitious business name statement.

(B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement.

(C) If the organization is a corporation, the applicant shall provide the corporate number as assigned by the Secretary of State.

(D) If the organization is a husband and wife co-ownership, the application shall contain both names.

(E) If the organization is a local government agency, the applicant shall provide a copy of either an authorizing letter or a resolution from the governing board.

(F) If the operation is a private, nonprofit program, the applicant shall provide verification of nonprofit status. Any one of the following will constitute verification:

1. A copy of a letter from the Federal Internal Revenue Service confirming tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code; or

2. A copy of a letter from the State of California Franchise Tax Board confirming tax exempt status pursuant to Section 23701(d) of the Revenue and Taxation Code; or

3. A corporate number as assigned by the Secretary of State.

(5) The federal identification number (employer ID number) of the organization.

(6) A description of the physical location of the facility in relation to the nearest cross street.

(7) If it is a proposed operation, the specific date the center intends to begin accepting used oil from the public at no charge and offering the recycling incentive.

(8) If it is an existing facility, the specific date the center began accepting used oil from the public at no charge and offering the recycling incentive.

(9) If applicable, the hazardous waste generator identification number assigned by either the Department of Toxic Substances Control or the U.S. EPA.

(10) Description of operations conducted at the collection center, if any, in addition to the collection of used oil from the public. Description of other materials collected for disposal and/or recycling at the facility.

(11) Total anticipated or actual used oil storage vessel capacity of all storage vessels on site, in gallons.

(12) If the application is for initial certification, a statement affirming that the collection center will meet the advertising requirements described in Section 48660(b) of the Public Resources Code.

(13) If the application is for recertification, a statement affirming that the collection center has been meeting and will continue to meet the advertising requirements described in Section 48660(b) of the Public Resources Code.

(14) An indication whether the proposed operator or owner also operates or owns a used oil hauler business, as defined in Public Resources Code Section 48623, or a used oil recycling facility, as defined in Public Resources Code Section 48624.

(15) Identify the company name or individual and address to whom CalRecycle should pay the recycling incentive.

(16) Any other information CalRecycle determines is necessary to aid in a finding of compliance with Public Resources Code Section 48660(b).

(b) The application shall be signed by the applicant(s) as described below, under penalty of perjury. The signature block shall contain an affidavit stating the following: "I certify, under penalty of perjury, that the information contained in this application is true and correct to the best of my knowledge, and that the facility for which this application is being made is currently in compliance with all Federal, State and local requirements. I certify that the property owner is aware that I am applying to become a certified used oil collection center and will be accepting used oil from the public. I agree to operate in compliance with the requirements of the California Oil Recycling Enhancement Act, and with all related regulatory provisions."

(1) If the operator is a partnership, the application shall be signed by at least one partner with authority to bind the partnership.

(2) If the operator is a firm, association, corporation, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual with authority to legally bind the entity to a contract.

(3) If the operator is a husband and wife co-ownership, the application shall be signed by both the husband and the wife. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18650.4. Certification Process.

(a) CalRecycle issues an identification number to all used oil collection centers upon receipt of an application for initial certification.

(b) All applications for certification are reviewed by CalRecycle for compliance with these regulations and with the Act.

(c) CalRecycle or persons authorized by CalRecycle will periodically conduct field investigations to verify the ongoing accuracy of information contained in a certification application.

(d) CalRecycle will notify an applicant in writing within a minimum of six (6), a median of eight (8), and a maximum of ten (10) working days of receipt of the application that it is either:

(1) Complete and correct and accepted for further review; or

(2) Incomplete and rejected and the reason(s) for rejection.

(e) Upon determining that an application is complete and correct, CalRecycle shall notify the applicant in writing within forty-five (45) calendar days that certification is either:

(1) Granted; or

(2) Denied and the reason(s) for denial.

(f) If CalRecycle grants certification, the applicant shall receive the written notice, a certificate, and a certification sign.

(g) CalRecycle may deny a used oil collection center’s certification for failure to comply with the applicable collection center requirements including failure to submit any information to CalRecycle. Reasons for denial of certification may include, but are not limited to:

(1) Failure to provide information or documentation to substantiate the application as stipulated in Section 18650.3 of this Chapter;

(2) The used oil collection center’s certification history demonstrates a pattern of operation in violation of the requirements of the Act, including any relevant regulations; and

(3) The used oil collection center’s certification demonstrates outstanding fines, penalties, or unresolved audit findings.

(h) If CalRecycle denies an application for certification, the site may appeal that decision within thirty (30) calendar days after the date of notification of denial. Any appeal received by CalRecycle after thirty (30) calendar days from the date of notification of denial shall be denied without consideration of the appeal.

(1) A written appeal shall include, at minimum, the following information:

(A) The business entity name and facility location;

(B) The site’s identification number as issued by CalRecycle pursuant to Section 18650.4(a) of this Chapter;

(C) The date on the notification from CalRecycle and the stated reasons for denial;

(D) A statement of the basis for objecting to the denial; and

(E) Any other relevant documentation in support of the appeal. CalRecycle may consider the reasons for denial and any additional relevant information presented by the applicant or CalRecycle staff.

(2) CalRecycle will notify the appealing party of the determination in writing within twenty (20) calendar days of its receipt of the appeal.

(i) If the certification of a used oil collection center is denied, the applicant can reapply for no sooner than three (3) months after CalRecycle’s denial of certification.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18650.5. Withdrawal of an Application for Certification.

An applicant may withdraw an application from review by the Board CalRecycle. Such withdrawal shall be requested in writing and submitted to CalRecycle. A withdrawal of application does not prohibit the operator of a used oil collection center from reapplying at a later date.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18650.6. Circumstances that Require New Certification.

(a) An operator shall be required to file a new application with CalRecycle in accordance with the requirements of this Chapter when any of the following conditions occur:

(1) A change in the location of the certified used oil collection center; or

(2) A change in the operator of the certified used oil collection center; or

(3) Expiration of the certificate pursuant to Section 18650.8 of this Article.

(b) Because a certificate is not transferrable (see Section 18650.9 of this Article), an application for initial certification must be submitted whenever there is a change in the location or operator of a certified used oil ollection center.

(c) An application for initial certification or recertification shall be submitted at least fourteen (14) calendar days prior to any of the events listed in (a) above to avoid any loss of incentive payments.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18650.61. Closing a Certified Collection Center.

CalRecycle shall be notified, in writing, of the intention to cease collection center operations a minimum of thirty (30) days prior to cessation of operation. This written notice should indicate the date the collection center will cease accepting used lubricating oil from the public. Within thirty (30) days of cessation of operation, you’re the certificate and certification sign (if issued by CalRecycle) shall be returned to CalRecycle.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18650.7. Maintenance of a Certificate.

(a) The certificate shall be kept on file at the used oil collection center. An operator may request that the certificate be kept on file at another location, and CalRecycle may grant approval of such request when the request is submitted in writing and the following conditions are met:

(1) A copy of the certificate with a statement indicating where the original certificate is maintained is kept at the used oil collection center; and

(2) The original certificate is maintained at the main business office of the operator where records and reports meeting the requirements of this Chapter are maintained.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18650.8. Expiration of Certificates.

A certificate shall be valid for four (4) years from the last day of the month in which the site is approved by CalRecycle, or until such time as it is voluntarily surrendered by the operator, denied pursuant to Section 18650.4 of this Chapter, or canceled by CalRecycle pursuant to Section 48660(a) of the Public Resources Code.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18650.9. Transfer of Certificates.

The certificate is issued to a specific used oil collection center operator for a specific location and is neither transferrable nor assignable to any other person.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18651. Certification Signs.

(a) All certified used oil collection centers shall display a certification sign provided by CalRecycle. The sign shall be in compliance with Public Resources Code Section 48660(b)(4) and will also include the following information:

(1) State of California Certified;

(b) The certification sign must be posted in a location easily readable from a public street. The sign may be posted in a different location if requested in writing and approved in writing by CalRecycle.

(c) The certification sign shall not be displayed by any person, company, or other entity not approved for certification by CalRecycle.

(d) The certification sign is the property of CalRecycle and shall be returned to CalRecycle upon surrender, expiration, or cancellation of certification. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18651.1. Certification Signs in Conflict with Local Zoning Ordinances.

Where local zoning ordinances do not permit posting of the sign provided by CalRecycle in accordance with Section 18651.0 of this Article, and Section 48660(b)(4) of the Public Resources Code, the collection center operator must petition CalRecycle by submitting a written request describing how the center will meet these requirements. CalRecycle shall notify the center in writing within thirty (30) calendar days of receipt of the petition that its request is either:

(a) Approved; or

(b) Denied and the reasons for denial.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18651.2. Operational Procedures for Certified Used Oil Collection Centers.

(a) Certified used oil collection centers shall operate in accordance with all Federal, State and local laws and regulations.

(b) Certified used oil collection centers shall accept used oil from the public at no charge and shall pay persons an amount equal to the recycling incentive the center will receive for the used oil upon request of the individual bringing the used oil to the certified used oil collection center. If a center operated by a government entity is unable to handle cash on-site, the operator may direct persons who ask for the recycling incentive to another location where that operator can pay a cash incentive to the person requesting it. The recycling incentive may be given in the form of a credit that may be applied toward the purchase of goods or services offered by the center, provided the following requirements are met:

(1) 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 of the Public Resources Code.

(2) The credit shall have no other limits for use. Limits that cannot be placed upon the credit shall include, but are not limited to:

(A) Limiting its usage to only one per purchase;

(B) Attaching an expiration date to the credit;

(C) Disallowing combining the credit with coupons or discounts; and

(D) Disallowing use of the credit for specific products or services.

(c) Certified used oil collection center operators shall not accept more than fifty-five (55) gallons of used oil, in containers not larger than fifty-five (55) gallons, from a person each day.

(d) Operators of certified collection centers may set a maximum limit for used lubricating oil accepted at certified centers. The maximum limit may not be less than 5 gallons per person per day.

(e) Operators of certified collection centers may set a maximum limit for the size of the containers used to transport lubricating oil to certified centers. The maximum limit may not be less than 5 gallons.

(f) Used oil received from the public may be refused if it is contaminated by materials which render the used oil infeasible for recycling. Certified used oil collection center operators shall provide the name and address of the nearest business or governmental entity which accepts contaminated oil to any member of the public whose used oil is refused due to contamination.

(g) If the collection center accepts or generates used industrial oil in addition to used lubricating oil, it shall maintain a Used Industrial Oil Receipt Log. The Industrial Oil Receipt Log shall include:

(1) Date used industrial oil received or generated; and

(2) Quantity of used industrial oil received or generated, in gallons or quarts.

(h) If the collection center is owned or operated by a used oil hauler or a used oil recycling facility, it shall maintain a Used Oil Receipt Log. The Used Oil Receipt Log shall include:

(1) An entry for each receipt of used oil. This entry shall include:

(A) Printed name and signed name of patron;

(B) Date received;

(C) Quantity of oil received, in gallons or quarts;

(D) Amount of recycling incentive fee paid, if any;

(E) Indication if the oil is lubricating or industrial oil; and

(F) An indication if the used lubricating oil was:

1. From out of state (in which case no incentive payment was made); or

2. Anonymously donated.

(i) Logs must be available for inspection at the collection center, or other location specified in accordance with Section 18650.7 of this Article, during normal business hours. Logs must contain data for the last three-year period.

(j) If the collection center is owned or operated by a used oil hauler or a used oil recycling facility:

(1) The percentage of anonymously donated used lubricating oil received must not exceed ten (10) percent of the total amount received for any quarter.

(2) CalRecycle may refuse to pay the recycling incentive to the center for the amount of anonymously donated used lubricating oil in excess of ten (10) percent of the total amount received for any quarter.

(3) If a center wishes to receive payment of the recycling incentive for a quantity of anonymously donated used lubricating oil in excess of ten (10) percent of the total amount received for any quarter, the center shall petition CalRecycle for approval. Such petition shall be a written request describing why the center is entitled to payment. CalRecycle shall notify the center in writing within thirty (30) calendar days of receipt of the petition that it is either:

(A) Approved; or

(B) Denied and the reasons for denial.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48660(b), 48660(c), 48660(d), and 48670, Public Resources Code.


Section 18651.3. Calculation of the Recycling Incentive.

To calculate the payment, multiply the total number of quarts received by the value of the recycling incentive set by CalRecycle. Payment to the patron must be based on a determination of the nearest quart.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660(b)(2), Public Resources Code.


Section 18651.4. Advertising Requirements for Certified Collection Centers.

(a) Advertising using one or more of the following mechanisms at least once every six months shall constitute compliance with the requirements of the Act:

(1) Newspaper, magazine, newsletter or other periodic publication;

(2) Radio;

(3) Press releases, public service announcements, or feature news;

(4) Printed material including brochures or posters;

(5) Outdoor advertising including billboards and transit signs;

(6) Special events;

(7) Television;

(8) Direct mail;

(9) Yellow pages;

(10) Online website;

(11) Social media platform.

(b) An advertisement shall include the name, location, and hours used lubricating oil is accepted at the center and indicate that the center accepts used lubricating oil at no charge, and offers payment of the recycling incentive.

(c) Two or more collection centers may jointly advertise their centers provided the name, location, and hours of each center is identified, and the form and frequency of advertisement complies with part (a) of this Section. The advertisement must also indicate that each center accepts used lubricating oil at no charge and offers payment of the recycling incentive.

(d) If a collection center wishes to implement an advertising program different from that described in part (a) of this Section, the center shall petition CalRecycle for approval by submitting a written request describing how the center will meet the advertising requirement of the Act. CalRecycle shall notify the center in writing within thirty (30) calendar days of receipt of the petition that its request is either:

(1) Approved; or

(2) Denied and the reasons for denial.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, Public Resources Code.


Section 18651.5. Contaminated Oil Testing.

In order to determine contamination in excess of that which would occur through normal use, a certified used oil collection center may test used oil received from the public for halogenated compounds, and may conduct verbal and/or visual screening.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660(c), 48660.5 (a), 48660.5(b)(1), Public Resources Code.


Section 18651.6. Reimbursement of Costs for Contaminated Oil.

(a) A shipment of contaminated used oil meeting both of the following conditions will qualify for reimbursement:

(1) Used oil which meets the criteria of Public Resources Code Section 48660.5; and,

(2) Used oil which has been properly disposed of and issued a receipt of disposal. A Uniform Hazardous Waste Manifest may be used for this purpose. Disposal, for the purpose of this Section, means incinerating, burying, or otherwise processing contaminated used oil for purposes of elimination which result in a higher cost than the cost to recycle non-contaminated used oil.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660.5(a), 48660(c), Public Resources Code.


Section 18651.7. Shipment Size for Reimbursement of Costs for Contaminated Oil.

Disposal costs will not be reimbursed pursuant to Section 48660.5 for contaminated oil shipments that exceed the capacity of the storage normally used by the certified used oil collection center to contain used lubricating oil received from the public.  Clean up and disposal costs associated with the proper management of that shipment are eligible for reimbursement.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660.5(c), Public Resources Code.


Section 18651.8. Application for Reimbursement of Contaminated Oil Costs.

CalRecycle shall reimburse an operator of a certified used oil collection center for the cost of hauling contaminated oil minus the amount normally charged to haul the same amount of uncontaminated oil pursuant to the requirements of Section 18660.5(a) of the Public Resources Code. To receive reimbursement, an operator must submit a written request to CalRecycle. Applications for reimbursement of contaminated oil costs must be submitted within one (1) year of the contaminated oil incident. Claims submitted by mail will be deemed submitted on the date of the postmark.

(a) An application must include:

(1) The collection center name, its location, and its CalRecycle identification number, if it has a CalRecycle identification number;

(2) The hazardous waste generator identification number (ID Number) assigned by either the California Department of Toxic Substances Control or the U.S. EPA;

(3) Quantity of shipment for which reimbursement is sought, in gallons;

(4) Source, type, and level of contamination (if known);

(5) Registered hazardous waste hauler (pursuant to Article 6.5, Chapter 6.5, Division 20, Health and Safety Code) name, ID Number, and actual total disposal cost;

(6) A statement signed by the applicant(s) as described below, under penalty of perjury. The signature block shall contain an affidavit stating the following: "I certify under penalty of perjury that the information contained in this application is true and correct to the best of my knowledge.";

(7) Signature of collection center supervisor.

(b) Applicant must also submit:

(1) A copy of invoice or receipt from a used oil hauler indicating:

(A) The Uniform Hazardous Waste Manifest number for the shipment;

(B) Amount of actual total disposal cost minus the amount normally charged to pick-up the same amount of uncontaminated oil;

(2) Copy of the Uniform Hazardous Waste Manifest from the used oil hauler;

(3) Copy of established certified used oil collection center procedures for preventing contamination of oil with hazardous waste.

(c) In any calendar year, a certified used oil collection center shall be reimbursed for not more than one shipment of contaminated used oil, subject to the availability of funds pursuant to Public Resources Code Section 48656.

(1) Halogen-contaminated used oil shall not be reimbursed for more than the actual net additional costs of disposing of the contaminated wastes exceeding the normal costs of recycling uncontaminated oil, and shall not be reimbursed for more than five thousand dollars ($5,000) in disposal costs.

 (2) Polychlorinated biphenyl-contaminated oil shall not be reimbursed for more than the actual net additional costs of disposing of the contaminated wastes exceeding the normal costs of recycling uncontaminated oil.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660.5, Public Resources Code.


Section 18651.9. Contaminated Oil Procedures for Certified Collection Centers.

(a) Established procedures for preventing the acceptance of contaminated used lubricating oil must be in writing and available to CalRecycle staff, collection center personnel, and the public during normal business hours.

(b) Procedures may include:

(1) Posted signs which list unacceptable contaminants;

(2) A list of questions to ask patrons regarding contaminants;

(3) A description of tests of used oil for the presence of contaminants.

(A) Olfactory testing ("nose test") should not be utilized as a test method.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660, 48660.5, Public Resources Code.


Section 18651.10. Cancellation of Certification of a Certified Collection Center.

(a) If a certified collection center is found to not be in compliance with the operator requirements described in Section 18651.2, CalRecycle will send a written notice. The center’s certification will be canceled thirty (30) days after the date of the notice unless they comply with the operator requirements described in Section 18651.2 of this Chapter.

(1) If a center comes into compliance with operator requirements within the thirty (30) day period, it will remain certified until its normal expiration date, at which time the center will need to submit an application for recertification as described in Section 18650.3 of this Chapter.

(2) If a center does not comply with operator requirements within the thirty (30) day period, its certification will be canceled, and it may not submit any used oil claims for used oil received after the cancellation date unless it has obtained a new, valid certification number.

(3) If CalRecycle cancels a site’s certification, the site may appeal that decision within thirty (30) calendar days after the date of notification of cancellation. Any appeal received by CalRecycle after thirty (30) calendar days from the date of notification of cancellation shall be denied without consideration of the appeal.

(A) A written appeal shall include, at minimum, the following information:

1. The business entity name and certified collection center location;

2. The site’s identification number as issued by CalRecycle pursuant to Section 18650.4(a) of this Chapter;

3. The date on the notification from CalRecycle and the stated reasons for cancellation;

4. A statement of the basis for objecting to the cancellation; and

5. Any other relevant documentation in support of the appeal. CalRecycle may consider the reasons for cancellation and any additional relevant information presented by the applicant or CalRecycle staff.

(4) CalRecycle will notify the appealing party of the determination in writing within twenty (20) calendar days of its receipt of the appeal.

(5) If the certification of a used oil collection center is cancelled, the applicant can reapply for certification no sooner than three (3) months after CalRecycle’s cancellation of the certification.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48660(a), Public Resources Code.

Title 14 Home

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