Cal. Code Regs. tit. 14 § 18650.4

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

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 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 required by 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 history 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 certification no sooner than three (3) months after CalRecycle's denial of certification.

Cal. Code Regs. Tit. 14, § 18650.4

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsections (d) and (h)(2)(A)-(h)(2)(B)1. transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of subsection (f) filed 6-16-95; operative 7-17-95 (Register 95, No. 24).
4. Amendment of section heading and section filed 5-8-2017; operative 7-1-2017 (Register 2017, No. 19).

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