CHAPTER 4. California Oil Recycling Enhancement [48600. - 48691.]
Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5.
§§ 48600–48691 · 57 sections
ARTICLE 1. Legislative Findings § 48600 · 1 section
- § 48600 The Legislature finds and declares the following: (a) The problem posed by used oil disposal requires a comprehensive, statewide response, including, but not…
ARTICLE 2. Short Title § 48601 · 1 section
- § 48601 This chapter shall be known and may be cited as the California Oil Recycling Enhancement Act.
ARTICLE 3. Definitions §§ 48610–48625 · 20 sections
- § 48610 Unless the context otherwise requires, the following definitions govern the construction of this chapter.
- § 48610.3 “Board” means the Department of Resources Recycling and Recovery.
- § 48610.5 “Bulk oil” means oil sold and delivered in a single transaction in an amount greater than 55 gallons regardless of the size of the container or containers in…
- § 48611 “Container” means a drum, can, or other receptacle used primarily for storage or transportation of oil. “Container” does not mean the equipment in which oil is…
- § 48612 “Department” means the Department of Toxic Substances Control.
- § 48613 “Fund” means the California Used Oil Recycling Fund created pursuant to Section 48653.
- § 48614 “Industrial generator” means an entity which buys and uses lubricating oil only for equipment owned or used by the entity. “Industrial generator” includes…
- § 48616 “Industrial oil” includes, but is not limited to, any compressor, turbine, or bearing oil, hydraulic oil, metal-working oil, or refrigeration oil. Industrial…
- § 48617 “Local government” has the same meaning as defined in Section 30109.
- § 48618 “Lubricating oil” includes, but is not limited to, any oil intended for use in an internal combustion engine crankcase, transmission, gearbox, or differential…
- § 48618.4 “Mitigation” is the prevention of stormwater pollution from used oil and oil byproducts and the reduction or alleviation of the effect of stormwater pollution…
- § 48619 “Oil manufacturer” means the first person or entity in the state to take title to lubricating or industrial oil for sale, use, or transfer in the state.
- § 48620 “Recycled oil” means recycled oil, as defined in Section 25250.1 of the Health and Safety Code.
- § 48620.2 (a) “Rerefined oil” means a lubricant base stock or oil base that has been derived from used oil and meets all the following criteria: (1) Processed using a…
- § 48620.5 “Stormwater pollution” for purposes of mitigation does not include runoff at a specific facility even if there is no point source at the facility. This…
- § 48621 “Used oil” means used oil, as defined in subdivision (a) of Section 25250.1 of the Health and Safety Code. Used oil does not include articles contaminated with…
- § 48622 “Used oil collection center” means a business, governmental entity, or nonprofit organization which accepts used lubricating oil from the public and which is…
- § 48623 “Used oil hauler” means a hazardous waste transporter registered pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and…
- § 48624 “Used oil recycling facility” means a facility that is issued a hazardous waste facilities permit or grant of interim status by the department pursuant to…
- § 48625 The following terms have the following meaning: (a) “Used oil storage facility” has the same meaning as defined in subdivision (g) of Section 25250.1 of the…
ARTICLE 4. Used Oil Recycling §§ 48630–48632 · 3 sections
- § 48630 On or before October 1, 1992, the board shall adopt a used oil recycling program which promotes and develops alternatives to the illegal disposal of used oil.
- § 48631 The used oil recycling program shall include, but is not limited to, all of the following: (a) A recycling incentive system as described in Article 6…
- § 48632 The Department of Resources Recycling and Recovery may, pursuant to subdivision (b) of Section 48631, issue grants to or contract with local governments,…
ARTICLE 5. Administration §§ 48640–48645 · 6 sections
- § 48640 The board shall administer this chapter. For organizational purposes, the board may create a new division, bureau, office, or unit to administer this chapter.
- § 48641 In addition to any other regulations which the board is required by statute to adopt, the board may adopt any other rules and regulations pursuant to Chapter…
- § 48642 The board may prepare, publish, or issue printed pamphlets, which the board determines to be necessary, for the dissemination of information concerning the…
- § 48643 In carrying out this chapter, the board may solicit and use any and all expertise available in other state agencies, including, but not limited to, the State…
- § 48644 The board shall maintain access to a toll-free telephone number which is to be used for the purpose of informing callers of the following: (a) The permissible…
- § 48645 Except for payments made to local governments pursuant to paragraph (3) of subdivision (a) of Section 48653, final approval of applicant and project…
ARTICLE 6. Financial Provisions §§ 48650–48657 · 11 sections
- § 48650 (a) Except as provided in subdivisions (c) and (d), every oil manufacturer shall pay to the board, on or before the last day of the month following each…
- § 48650.2 For the purposes of this chapter, the board may collect the fees pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of…
- § 48650.5 (a) Any person who has made a payment pursuant to Section 48650 on lubricating oil exempted from payment pursuant to subdivision (a) of Section 48650, and the…
- § 48650.7 In any transaction involving a total volume of oil subject to payment pursuant to Section 48650 in excess of 10 gallons, the invoice or other form of…
- § 48651 The board shall pay a recycling incentive pursuant to subdivision (a) of Section 48652 to every industrial generator, curbside collection program, and…
- § 48651.5 (a) Effective January 1, 2013, the board, with regard to promoting the recycling of used lubricating oil into rerefined oil, shall pay a rerefining incentive…
- § 48652 (a) Except as provided in subdivision (d), the board shall set the recycling incentive at not less than ten cents ($0.10) per quart. The board may set the…
- § 48653 The board shall deposit all amounts paid pursuant to Section 48650 by manufacturers, civil penalties, and fines paid pursuant to this chapter, and all other…
- § 48655 The board may enter into a contract with the department that will utilize the resources of the department to provide for greater investigation and enforcement…
- § 48656 After all of the expenditures pursuant to Section 48653 have been made, notwithstanding paragraph (5) of subdivision (a) of Section 48653, the balance…
- § 48657 The board shall keep accurate books, records, and accounts of all of its dealings, and these books, records, and accounts, and any amounts paid into or from…
ARTICLE 7. Certification §§ 48660–48662 · 4 sections
- § 48660 (a) No used oil collection center shall be eligible for the payment of recycling incentives until the board has certified that the center is in compliance with…
- § 48660.5 (a) If the board finds that a shipment of used oil from a certified used oil collection center, curbside collection program, or uncertified publicly funded…
- § 48661 (a) On and after July 1, 1992, the department shall annually inspect used oil recycling facilities. (b) Within 135 days following inspection, the department…
- § 48662 (a) The board shall certify or recertify a used oil recycling facility located in this state for which the board has received a report from the department…
ARTICLE 8. Reporting §§ 48670–48676 · 8 sections
- § 48670 (a) To be eligible for payment of a recycling incentive, an industrial generator of used lubricating oil, a used oil collection center, or a curbside…
- § 48671 Every oil manufacturer who sells, or offers to sell, lubricating or industrial oil in this state shall report to the board for each month the amount of…
- § 48671.5 The manufacturer of every container that contains lubricating oils or industrial oils, and which is intended for sale to consumers in California, shall do…
- § 48672 Beginning May 1, 1992, every used oil hauler shall report to the board for each quarter the amount of used oil transported, the location to which it is…
- § 48673 (a) A used oil recycling facility issued a permit by the department to produce recycled oil, as defined in Section 25250.1 of the Health and Safety Code, and…
- § 48674 After receiving payments pursuant to paragraph (3) of subdivision (a) of Section 48653, each local government shall submit an annual report to the board, in…
- § 48675 The board shall establish procedures to protect any proprietary information concerning sales, purchases, and operations obtained while collecting information…
- § 48676 The board shall make available on its Internet Web site an annual report that includes the accumulated industrial and lubricating oil sales and used oil…
ARTICLE 9. Enforcement § 48680 · 1 section
- § 48680 (a) Except as provided in subdivision (b), in addition to any other civil or criminal penalties, any person convicted of a violation of this chapter is guilty…
ARTICLE 10. Local Used Oil Collection Program §§ 48690–48691 · 2 sections
- § 48690 A local government is eligible for a payment pursuant to paragraph (3) of subdivision (a) of Section 48653, if it develops and submits a local used oil…
- § 48691 (a) A local used oil collection program shall provide for used lubricating oil collection by either of the following or a combination of the two: (1) Ensuring…