California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7

Chapter 8. Used Oil Recycling Program

Article 6.1. Registration Requirements for Industrial Generators, and Operators of Curbside Collection Programs

Section 18653.0. Scope and Applicability.

In addition to the general requirements of this Chapter, industrial generators, and operators of curbside collection programs wishing to claim the used oil recycling incentive must comply with the provisions of this Article.

Note:

Authority cited: Sections 40502 ad 48641, Public Resources Code.
Reference: Section 48651, Public Resources Code.


Section 18653.1. Purpose.

CalRecycle requires registration of all industrial generators, and operators of curbside collection programs to facilitate the payment of recycling incentives.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48651, Public Resources Code.


Section 18653.2. Registration of Industrial Generators and Curbside Collection Programs.

(a) To register to receive payment of the recycling incentive, a separate, complete application must be submitted to CalRecycle by each industrial generator, or operator of a curbside collection program.

(b) Applicants may apply for registration in either of the following ways:

(1) Register separately for each location at which used lubricating oil is collected.

(2) Register jointly for multiple used lubricating oil collection locations. If this option is chosen, a primary registrant must provide the information required by Section 18653.3 of this Chapter. The following information must also be provided for each additional location:

(A) Facility name;

(B) Street address;

(C) County;

(D) Phone number;

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

(3) Only applicants for registration which are from the same category may apply following the procedures described in section (2) above. For example, an industrial generator and a curbside collection program must submit separate applications for registration.

(c) The filing period for applications is continuous.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48651, Public Resources Code.


Section 18653.3. Information Required for a Registration Application.

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

(1) A request for either initial registration, or for a change in registration.

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

(2) The type of organization which the generator or program 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 applicantshall 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 the authorizing letter or resolution from the governing board.

(F) If the operation is a private, nonprofit program, the applicant shall submit 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; and

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 assigned by the Secretary of State.

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

(4) If the organization is an industrial generator, a description of the physical location of the facility in relation to the nearest cross street.

(5) If an industrial generator, the name, street and mailing address, and phone number of the site.

(6) If a curbside collection program, the name, street and mailing address, and phone number of the offices of the program operator.

(7) The name, phone number, and e-mail address (if available) of the operator of the industrial generator or curbside program, and the name, phone number, and e-mail address (if available) of a contact person, if different from the operator. 

(8) If the organization is a curbside collection program, the actual days of collection, the jurisdiction or area serviced, and a description of other materials collected.

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

(10) If an industrial generator, description of the type of business conducted.

(11) An indication whether the proposed applicant 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.

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

(13) Any other information CalRecycle determines is necessary to aid in a finding that the organization is eligible for payment of recycling incentives pursuant to Public Resources Code Section 48651.

(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 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 48651, Public Resources Code.


Section 18653.4. Review of Registration Applications.

(a) CalRecycle will issue an identification number to all industrial generators, and operators of curbside collection programs upon receipt of the application for registration.

(b) All applications for registration will be reviewed by CalRecycle for compliance with these regulations and with the Act.

(c) CalRecycle will periodically conduct field investigations to verify the ongoing accuracy of information contained in the registration application.

(d) CalRecycle will notify the applicant in writing within 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 reasons 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 registration is either:

(1) Granted; or

(2) Denied and the reasons for denial.

(f) Reasons for denial of registration may include, but will not be limited to, any of the following:

(1) Failure to provide information or documentation to complete the application as stipulated in Section 18653.3 of this Chapter;

(2) The industrial generator's or curbside collection program's registration history demonstrates a pattern of operation in violation of the requirements of the Act, including all relevant regulations adopted herein;

(3) The industrial generator's or curbside collection program's registration history demonstrates outstanding fines, penalties, or unresolved audit findings.

(4) If CalRecycle denies an application for registration, the applicant 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.

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

1. The business entity name and facility location;

2. The type of registration denied;

3. The identification number as issued by CalRecycle pursuant to Section 18653.4(a) of this Chapter;

4. The date on the notification from CalRecycle and the stated reasons for denial;

5. A statement of the basis for objecting to the denial; and

6. 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.

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

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48651, Public Resources Code.


Section 18653.5. Withdrawal of an Application for Registration.

An applicant may withdraw an application from review by CalRecycle. Such withdrawal shall be requested in writing and submitted to CalRecycle. A withdrawal of application does not prohibit an industrial generator, or an operator of a curbside collection program from reapplying at a later date.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48651, Public Resources Code.


Section 18653.6. New Application Requirements.

(a) An existing industrial generator or curbside program shall submit a new application to CalRecycle if there is a change in any of the information included in the most recent registration application submitted to CalRecycle.

(b) A new application shall be submitted at least sixty (60) calendar days prior to implementing the changes in part (a) above to avoid any lapse in incentive payments.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Section 48651, Public Resources Code.


Section 18654. Repealed.


Article 7. Recycling Incentive Payments

Section 18655.1. Entities Eligible for Incentive Payments.

Used oil collection centers certified pursuant to Article 6 of this Chapter, and industrial generators, and curbside collection programs registered pursuant to Article 6.1 of this Chapter are eligible to receive recycling incentive payments. Used oil rerefining facilities certified pursuant to Article 5 of this Chapter are eligible to receive rerefining incentive payments.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48651 (a) and (b), Public Resources Code.


Section 18655.2. Used Oil Eligible for the Recycling Incentive.

(a) For industrial generators, certified used oil collection centers, and curbside collection programs, all lubricating oil sold or transferred in this state or imported into this state after October 1, 1992, for which a fee as described in Section 48650 of the Public Resources Code was paid to the State of California and, after use, was transported after April 1, 1993, by a used oil hauler to a certified used oil recycling facility, or to an out-of-state facility registered with CalRecycle and in compliance with the regulations of the state in which the facility is located, is eligible for payment of a recycling incentive.

(b) Certified used oil collection centers may claim the recycling incentive only for used lubricating oil collected from the public or generated on-site by the used oil collection center. A certified used oil collection center cannot claim the recycling incentive for used oil generated by an entity other than the center, except used oil delivered by the public in quantities of no more than 55 gallons per person per day.

(c) Industrial generators may only claim the recycling incentive for used lubricating oil generated from vehicles that they own or lease for their own use.  Industrial generators may not claim the recycling incentive for used oil generated by an entity other than the industrial generator.

(d) Curbside collection programs may only claim the recycling incentive for used oil collected from households.

(e) If CalRecycle finds that it has paid a recycling incentive for used lubricating oil which was transported to a non-certified used oil recycling facility, or to an out-of-state facility not in compliance with regulations of the state in which the facility is located, the claimant shall be responsible for refunding the amount of the payment to CalRecycle. Any refunds may be deducted from future recycling incentive claims.

(f) If CalRecycle finds that it has paid the recycling incentive to the operator of a used oil collection center which was not accepting used lubricating oil from the public at no charge and offering the recycling incentive, the claimant shall be responsible for refunding the amount of the payment to CalRecycle. Any refunds may be deducted from future recycling incentive claims.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48651 (a) and (b), Public Resources Code.


Section 18655.3. When to Submit a Recycling Incentive.

No more than three incentive claims per quarter shall be submitted to CalRecycle. The last claim for a quarter must be submitted within 45 days of the last day of the quarter for which the incentive is being claimed.  Claims submitted by mail will be deemed submitted on the date of the postmark.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48651 (a) and (b), and 48670, Public Resources Code.


Section 18655.4. Repealed.


Section 18655.5. Recycling Incentive Claims and Quarterly Reports as described in Public Resources Code Section 48670.

(a) Recycling incentive claims satisfy the quarterly report requirements. Businesses must provide a quarterly report or submit a recycling incentive claim only if they want payment for used oil hauled during the quarter.

(b) Industrial generators, curbside collection programs, and certified used oil collection centers must submit a recycling incentive claim or report on or before the last day of the month following each quarter in which used lubricating oil was:

(1) Transported by a used oil hauler to a certified used oil recycling facility; or

(2) Transported by a used oil hauler 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;

(c) No more than three recycling incentive claims or reports will be accepted for each quarter. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48651 (a) and (b), and 48670, Public Resources Code.


Section 18655.51. Operation of More Than One Certified Used Oil Collection Center, Industrial Generator, or Curbside Program.

(a) A person or persons may operate multiple types of collection entities (certified collection center, industrial generator, curbside program) under a single operator ID.

(b) A person or persons operating more than one certified used oil collection center, industrial generator, or curbside program shall receive an operator ID that will be associated with all of their sites, and may submit a single claim for all those sites by using this operator ID.

(c) A single recycling incentive claim for multiple sites must include the information required by Sections 18655.6(b), (3), (5), (6), (7), (8), and (9) of this Chapter, for each site. The person completing the single recycling incentive claim must provide the information specified in Sections 18655.6(b)(1), and (b)(2) and sign a penalty of perjury statement pursuant to part (b)(4).

(d) Manifest or manifest receipts and, if applicable, copies of the purchase receipts, invoices, or other documentation showing payment of the lubricating oil recycling fee must include the identification number as issued by CalRecycle pursuant to Section 18650.4(a) or 18653.4(a) of this Chapter. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48651(a) and (b), 48660, and 48670, Public Resources Code.


Section 18655.6. Information to be Submitted with a Recycling Incentive Claim.

Incentive claims submitted by industrial generators, curbside collection programs and certified used oil collection centers must:

(a) Be accurate, complete, and typed or legibly handwritten in English; and

(b) Contain all of the following information:

(1) Full name, address, and telephone number of the certified or registered entity preparing the incentive claim/report; and

(2) Full name, telephone number, and e-mail address (if available) of a contact person for purposes of the report; and

(3) The identification number as issued by CalRecycle pursuant to Section 18650.4(a) or 18653.4(a) of this Chapter.

(4) The signature and title of the representative of the entity authorized to prepare the report. The signature block shall contain an affidavit stating the following: "I certify under penalty of perjury that the information contained in this claim/report including attached copies of invoices, manifests and manifest receipts, is true and correct, and that no other claim has been submitted on this used oil to the best of my knowledge."; and

(5) If applicable, the amount of new lubricating oil purchased from a vendor or an oil manufacturer in the quarter or since the last recycling incentive claim or report was submitted. Specify if no lubricating oil was purchased;

(6) If new lubricating oil was purchased, copies of the purchase receipts, invoices, or other documentation showing payment of the lubricating oil recycling fee to a vendor or the State of California;

(7) The amount of used lubricating oil transported to a certified used oil recycling facility or to an out-of-state facility registered with CalRecycle and in compliance with the regulations of the state in which the facility is located for the period since the previous claim;

(8) Copies of completed, typed or legibly handwritten manifests or manifest receipts from used oil haulers pursuant to Health & Safety Code Section 25160 for the amount of used lubricating oil for which a claim is being made;

(9) If a center is receiving used oil from the public and is also generating used oil on-site, it shall include either a log of used oil received from the public or a log of oil generated on-site.  

(A) A log of used oil received from the public must include:

1. The name and address of each individual that the center received used oil from. If used oil is abandoned oil, the center shall record the quantity of used oil received and the date, and may mark the used oil on the log as an “anonymous donation”;

2. The date that the center received oil from each individual; and

3. The quantity of used oil that was received from each individual.

(B) A log of used oil generated on-site must include:

1. The date that used oil was generated;

2. The volume of used oil generated on all dates listed; and

3. How the used oil was generated. This may include, but is not limited to, used oil generated from performing oil changes in a service bay and used oil recovered from oil filter crushing; and 

(10) The total monetary amount being claimed.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48651 (a) and (b) and 48670, Public Resources Code.


Section 18655.7. Where to Submit an Incentive Claim.

Incentive Claims and Quarterly Reports shall be submitted to CalRecycle's main business office, to the attention of the Accounting Section. The outside of the package containing the claims must be clearly marked: "Used Oil Recycling Incentive Claim Enclosed" Or “Used Oil Rerefining Incentive Claim Enclosed.”

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48651 (a) and (b), and 48670, Public Resources Code.


Section 18655.8. Records to be Kept as Support for a Recycling Incentive Claim.

(a) Certified used oil collection centers must:

(1) If applicable, retain copies of purchasing receipts for all lubricating oil purchased that denote a fee as described in Section 48650 of the Public Resources Code was paid to the State of California or a vendor;

(2) Retain copies of manifests or manifest receipts from used oil haulers to support and incentive payment claim; and

(3) Maintain a log consistent with Section 18651.2 of this Chapter if used industrial oil is accepted in addition to used lubricating oil.

(b) Curbside collection programs must:

(1) Retain copies of manifests or manifest receipts from used oil haulers to support an incentive payment claim. For the purpose of recycling incentive claim payments, manifest receipts that do not indicate specific volumes of lubricating oil and industrial oil, per Section 18632(b) of this Chapter, will be assumed to contain only industrial oil and the volumes of oil on those manifest receipts will be ineligible for recycling incentive claim payments. 

(c) Industrial generators:

(1) Must retain copies of purchasing receipts for any lubricating oil purchased that specify a fee was paid to the State of California, or to the distributor;

(2) Must retain copies of manifests or manifest receipts from used oil haulers; and

(3) Must retain all vouchers issued by CalRecycle verifying refunds of fees paid by CalRecycle for lubricating oil that was ultimately used for a use exempt from payment pursuant to Section 48650 of the Public Resources Code.

Note:

Authority cited: Sections 40502 and 48670, Public Resources Code.
Reference: Sections 48651 (a) and (b), and 48670, Public Resources Code.


Section 18655.9. Repealed.


Section 18656.0. Recycling Incentive Claim Processing.

(a) CalRecycle will review all recycling incentive claims within seventy-five (75) calendar days of the receipt of the claim.  If CalRecycle finds cause to investigate any provisions of a claim this time period will be extended until resolution.

(b) If a claim is approved, CalRecycle will process and forward it for payment to the State Controllers Office (SCO).

(c) CalRecycle may withhold or adjust payments for recycling incentive claims that are improper, illegible, or incomplete or otherwise deficient.  If a payment claim is denied, CalRecycle will notify the claimant within forty-five (45) days of the denial and provide the reasons its determination. 

(d) A claimant may appeal CalRecycle’s determination in writing within thirty (30) calendar days of the date of the denial or written notice of an adjustment. Any appeal received by CalRecycle after thirty (30) calendar days from the date of the denial or adjustment shall be denied without consideration of the appeal.

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

(A) The claimant’s name and location;

(B) The reporting period for which the claim was submitted;

(C) The claimant’s identification number as issued by CalRecycle pursuant to Section 18650.4(a) or 18653.4(a) of this Chapter;

(E) An explanation of why the adjustment or denial was in error; and

(F) Any other relevant documentation in support of the appeal.  

(2) CalRecycle may consider the reasons for payment denial or payment adjustment, and any relevant information presented by the applicant or CalRecycle staff. CalRecycle will notify the applicant, in writing, within twenty (20) calendar days of its receipt of the appeal. 

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48651 (a) and (b) and 48670, Public Resources Code.


Section 18657.0. Rerefined Oil Incentive.

(a) Used oil rerefining facilities that are certified with CalRecycle per Section 18643.0(c) of this Article may file a claim for the rerefining incentive payment described in Section 48651.5 of Public Resources Code. 

(b) No more than two rerefined incentive claims per certified rerefiner per quarter shall be submitted to CalRecycle. All claims for a quarter must be submitted on or before the last day of the second month following that quarter for which the incentive is being claimed. Claims submitted by mail will be deemed submitted on the date of the postmark.

(c) CalRecycle will pay an incentive for all used lubricating oil, excluding any water content, generated in California that is processed into rerefined oil that meets the specifications as defined in Section 48620.2 of the Public Resources Code. 

(d) A rerefined incentive claim for rerefined oil must include the following information:

(1) The full name, address, and telephone number of the certified entity preparing the rerefined incentive claim;

(2) The full name, telephone number, and e-mail address (if available) of a contact person for the purposes of the rerefined incentive claim;

(3) The rerefining facility certification number as issued by CalRecycle;

(4) The volume of California used lubricating oil received by the facility;

(5) Copies of manifests, manifest receipts, or other documentation that show the oil received is lubricating oil generated and collected in California;

(6) The volume of rerefined base oil produced from California used lubricating oil;

(7) A declaration that the used oil received meets the specifications in Section 48651.5(a)(2) of the Public Resources Code;

(8) The water content of the California generated used lubricating oil that is processed into rerefined oil;

(9) Out-of-state facilities shall include a declaration that they have a current agreement with DTSC per Section 48662(f) of the Public Resources Code;

(10) A declaration that rerefined oil meets the standard defined in Section 48620.2(a) of the Public Resources Code; and

(11) The total monetary amount being claimed.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48651.5 and 48673, Public Resources Code.

Section 18657.1. Processing of Rerefining Incentive Claims.

(a) CalRecycle will review all rerefining incentive claims within forty-five (45) days of the postmark date. If CalRecycle finds cause to investigate any provisions of a claim this time period will be extended until resolution.

(b) If a claim is approved, CalRecycle will process and forward it for payment to the State Controllers Office (SCO). The SCO will pay the claim within fifteen (15) calendar days of receipt of the claim from CalRecycle.

(c) CalRecycle may withhold or adjust payments for rerefining incentive claims that are improper, illegible, or incomplete or otherwise deficient. If a payment claim is denied, CalRecycle will notify the claimant within forty-five (45) days of the denial and provide the reasons its determination. 

(d) A claimant may appeal CalRecycle’s determination in writing within thirty (30) calendar days of the date of the denial or written notice of an adjustment. Any appeal received by CalRecycle after thirty (30) calendar days from the date of the denial or adjustment shall be denied without consideration of the appeal.

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

(A) The claimant’s name and location;

(B) The reporting period for which the claim was submitted;

(C) The rerefining facility certification number as issued by CalRecycle;

(E) An explanation of why the adjustment or denial was in error; and

(F) Any other relevant documentation in support of the appeal.  

(2) CalRecycle may consider the reasons for payment denial or payment adjustment, and any relevant information presented by the applicant or CalRecycle staff. CalRecycle will notify the applicant, in writing, within twenty (20) calendar days of its receipt of the appeal.

Note:

Authority cited: Sections 40502 and 48641, Public Resources Code.
Reference: Sections 48651.5 and 48673, Public Resources Code.


Article 8: Repealed

Article 8.1: Repealed

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