Cal. Code Regs. tit. 14 § 18651.2

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 18651.2 - Operational Procedures for Certified Used Oil Collection Centers
(a) Certified used oil collection centers operators 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 used oil 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.

Cal. Code Regs. Tit. 14, § 18651.2

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 (a) and (e), new subsections (f)-(f)(1)(F)3, and (h)-(h)(3)(B), and subsection renumbering transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of section and NOTE 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: Sections 48660(b), 48660(c), 48660(d), and 48670, Public Resources Code.

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 (a) and (e), new subsections (f)-(f)(1)(F)3, and (h)-(h)(3)(B), and subsection renumbering transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of section and Note 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).