California Department of Resources Recycling and Recovery (CalRecycle) 

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

Chapter 8. Used Oil Recycling Program

Article 2. General Recordkeeping Requirements

Section 18610. Scope and Applicability.

The regulations contained in this Article set forth recordkeeping requirements with which oil manufacturers, used oil haulers, and operators of used oil recycling facilities must comply.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48631(d), 48671, 48672, and 48673, Public Resources Code.


Section 18611. Inspection of Books and Records.

(a) CalRecycle, or persons authorized by CalRecycle, may conduct examinations of the books and records of oil manufacturers, used oil haulers, and operators of used oil recycling facilities, for the purposes of determining compliance with the provisions of the Act. Nothing herein shall limit the authority of CalRecycle pursuant to the Act to audit, examine, review, inspect, or otherwise determine the compliance of any person with the Act.

(b) An examination is a review or inspection of any books or records or other documentation of sales or transfers of new or used lubricating or industrial oil. Such reviews may include verification of measurements or procedures regarding reporting, payments and other activities related to the Act.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48657, 48671, 48672, and 48673, Public Resources Code.


Section 18612. 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 6250 et. seq.), or other 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 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 by you 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 18613. Recordkeeping Procedures for 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 November 30, 1992. 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 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 individuals responsible for such records.

(2) Oil manufacturers must maintain records for at least four years. Used oil haulers and used oil recycling facilities must maintain records 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, cash register tapes, or other documents of original entry supporting the entries in the books of account. An Automatic Data Processing (ADP) system 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. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48657, 48671, 48672, and 48673, Public Resources Code.


Section 18614. Submittal of Reports, Notices, and Applicable Supporting Documents.

(a) Except where specifically provided otherwise, any reports and notices must be prepared and submitted in the form designated by CalRecycle. Oil manufacturer reports must include the information specified in Section 18622 of this Chapter. Used oil hauler reports must include the information specified in Section 18634 of this Chapter. Operators of used oil recycling facilities must include the information specified in Section 18642 of this Chapter. Only notices and reports containing such information and bearing an original signature pursuant to (c)(4), below, will be acceptable.

(b) Reports, notices and applicable supporting data must be accurate, complete and typed or legibly handwritten in English.

(c) All reports to CalRecycle must contain all of the following information:

(1) The full name, mailing address and street address, and identification number of the person preparing the report;

(A) For used oil hauler and used oil recycling facility reports, the identification number will be the U.S. EPA Identification number.

(B) For oil manufacturer reports, the identification number will be the Oil Recycler Fee Permit Number as issued by CalRecycle or its representative.

(C) If an entity preparing the report has no EPA Identification number or Oil Recycler Fee Permit Number, an identification number must be obtained from CalRecycle upon written request.

(2) The name and telephone number of a contact person for purposes of the report;

(3) The reporting period, if applicable, and date of preparation of the report;

(4) The signature and title of the representative of the entity authorized to prepare the report. The signature block must state that the information in the report is correct to the best knowledge and belief of the person submitting the report;

(5) The date of signing of the report.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48671, 48672 and 48673, Public Resources Code.


Section 18614.1. Reports Missing Information Required by Section 18614 of this Article.

CalRecycle will reject a report if it fails to comply with the reporting requirements of Section 18614. Any such rejection shall not extend any applicable due date or time period.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48671, 48672, and 48673, Public Resources Code.


Section 18615. Repealed.


Section 18616. Submittal Dates for Reports, Complaints, Payments, Notices, and Other Information.

Reports, complaints, payments, notices and other information will be considered submitted to CalRecycle on the postmarked date if deemed complete by CalRecycle.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48650(a), 48671, 48672, and 48673, 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