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(continued)
4) If an audit reveals that grant funds have not been spent in accordance with the grant agreement, the recipient shall be required to forfeit the unexpended portion of the grant and repay any improperly spent monies, plus interest at the rate the state would have earned on this money had it remained in the Account. Such forfeitures shall revert to the Account.
d) Grant Termination. The Board may terminate any grant in whole, or in part, at any time before the date of completion, whenever it is determined by the Board as a whole, that the recipient has failed to comply with the terms or conditions of the grant agreement. The Board shall notify the recipient within five working days, in writing, of the determination, the reasons for the termination of the grant, and the effective date of termination.
e) Final Report. At the end of each fiscal year during which funds are received, the grant recipient shall submit a final report. The report shall be submitted within 60 days of the end of the fiscal year and include, but not be limited to:
1) A Table of Contents.
2) A brief summary of the objectives of the grant and how these objectives were accomplished.
3) Any findings, conclusions, or recommendations for additional activities which result from the successful completion of the program for the grant year. A statement, if applicable, of future public and/or private support to maintain or further develop the program.
4) A list of contractors who participated, in whole or in part, in the grant program, including the names, addresses and a description of their work.
5) Final Financial Statement for the Program. This report shall provide information that enables the Board to determine the final specific use for all grant funds. It shall indicate all other sources of funds utilized by the program. The report shall also account for all revenues generated by the program.



Note: Authority cited: Sections 46205 and 46208 Public Resources Code. Reference: Section 46401, Public Resources Code.


























s 18570. Authority and Purpose.

Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811, 115812, 115813, 115814, 115815 and 115816, Health and Safety Code.





s 18571. Definitions.

Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115725, 115730, 115735, 115810, 115811, 115812 and 115813, Health and Safety Code; Sections 21067 and 42002, Public Resources Code; and Section 12200, Public Contract Code.





s 18572. Eligible Local Public Agencies.

Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code.





s 18573. Eligible Projects.

Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115730 and 115813, Health and Safety Code.





s 18574. Allocation of Funds.

Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code.





s 18575. Criteria.

Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code.





s 18576. Requests Exceeding Funds.

Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code.





s 18577. Grant Amount.

Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Section 115813, Health and Safety Code.





s 18578. Eligible Costs.

Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code.





s 18579. Ineligible Costs.

Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115730, 115810, 115811 and 115813, Health and Safety Code.





s 18580. Payments.

Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code.





s 18600. Introduction.
For the purposes of this Chapter, both the question and answer in each section have regulatory effect for implementation and enforcement. This Chapter has been adopted by the California Integrated Waste Management Board pursuant to and for the purpose of implementing the California Oil Recycling Enhancement Act, Sections 48600 through 48691 of the Public Resources Code. Nothing in this Chapter is intended to limit the authority of any other state or local agency in its proper exercise of regulatory authority over oil manufacturers, used oil haulers, or used oil recycling facilities.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48600, 48630 and 48680, Public Resources Code.





s 18601. Definitions.
(a) In addition to the definitions provided in the Public Resources Code, the following definitions shall apply whenever the terms are used in this Chapter.
(1) "Act" means the California Oil Recycling Enhancement Act as described in Division 30, Part 7, Chapter 4 of the Public Resources Code.
(2) "Annual report" means a report that is submitted to the Board by each grant recipient beginning on the first January 1 after receiving a block grant and on or before January 1 thereafter for the term of the grant agreement, and as defined in Section 48674 of the Public Resources Code.
(3) "Anonymously donated" means delivered to a used oil collection center under circumstances which prevent identification of the generator, such as delivery after hours.
(4) "Block grant" means an award of funds from the California Used Oil Recycling Fund to a local agency which is based on the evaluation of an applicant's used oil collection program submitted pursuant to Section 48690 of the Public Resources Code.
(5) "Block grant account" means monies available for block grants to local governments as described in Section 48653(a)(4) of the Public Resources Code.
(6) "Board" means the California Integrated Waste Management Board.
(7) "CIWMB Oil manufacturer registration number" means the registration number provided by the Board or its designee to all oil manufacturers. All oil manufacturers must obtain a registration number from the Board prior to submitting reports to the Board.
(8) "Curbside collection program" means a service which collects used oil from households on a monthly or more regular basis, and which may collect other recyclable materials, including but not limited to newspaper, glass containers, aluminum cans, and bi-metals.
(9) "Department" means the Department of Toxic Substances Control.
(10) "Fee" means the $0.16 per gallon fee that oil manufacturers must pay to the Board for each gallon of lubricating oil sold, pursuant to Section 48650(a) of the Public Resources Code.
(11) "Fiscal Year" means the year commencing on July 1 and ending on June 30 of each year.
(12) "Generator" means any entity which generates used oil or causes a used oil hauler to transport such oil.
(13) "Generator category" includes:
(A) Collection station (i.e., service station, shop, garage, recycling center, curbside recycling operation)
(B) Industrial source
(C) Marine source
(D) Agricultural source
(E) Governmental source
(F) Outside California
(G) Other Haulers
(14) "Grant Agreement" means the written document, and any amendment(s) and written change orders thereto, which is signed by the Board or by its designated representative and the grant recipient, which defines the terms, provisions and conditions governing a block grant.
(15) "Grant Recipient" means the local agency which receives a block grant from the Board.
(16) "Grant Year" means the time period in which the grant application submittal, evaluation, selection, and award distribution will occur. The time period will begin on the first day of July in one year and end on June 30 of the next calendar year.
(17) "Incentive claim/report" means the formal request for payment of incentive fees on used lubricating oil either used to generate electricity by an electric utility, or transported by a used oil hauler to a certified used oil recycling facility or 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. The incentive claim/report is designed to satisfy the report requirements described in Public Resources Code Section 48670.
(18) "Industrial oil", as it is defined in Public Resources Code, Section 48616, includes, but is not limited to, any compressor, turbine, or bearing oil, hydraulic oil, metal-working oil, or refrigeration oil. Industrial oil does not include di-electric fluids.
(19) "Internal combustion engine" includes engines powered by gasoline, methanol, alcohol fuels, diesel, compressed natural gas, propane or butane.
(20) "Local agency" means a public entity which is a city, county, or district, or any political subdivision but not the State.
(21) "Lubricating oil", as it is defined in Public Resources Code, Section 48618, includes any oil which is intended for use in machinery powered by an internal combustion engine. Lubricating oil includes oil intended for use in an internal combustion engine crankcase, transmission, gearbox, or differential in an automobile, bus, truck, vessel, plane, train, heavy equipment, or other machinery powered by an internal combustion engine. Lubricating oil also includes consumer additives which are intended to be mixed with lubricating oils in an internal combustion engine and synthetic lubricating oils. Lubricating oil does not include oil intended for use in a 2-cycle engine where the oil is entirely consumed during usage.
(22) "Manifest" means a uniform hazardous waste manifest as defined in Section 25160 of the Health and Safety Code, which is hereby incorporated by reference.
(23) "Modified Manifest Receipt" means the receipt completed for each generator and attached to the manifest pursuant to Section 25250.8(b)(3) of the Health and Safety Code, which is hereby incorporated by reference.
(24) "Must" means a provision is mandatory.
(25) "Oil manufacturer" as it is defined in Section 48619 of the Public Resources Code, means the first person or entity in California to take title to lubricating or industrial oil for sale, use or transfer in California. For purposes of this chapter a person or entity who first takes title to lubricating or industrial oil from an out-of-state entity, for purposes of sale or distribution, is the oil manufacturer.
(26) "Operator" means the person or entity responsible for the handling and collection of used oil at a certified used oil collection center, curbside collection program, private business, state or local governmental agency, nonprofit organization, or electric utility.
(27) "Patron" means the person or entity delivering used oil to a certified collection center for storage and transportation to a recycling facility.
(28) "Quarter" means a three month period during a calendar year. For each year, the first quarter commences January 1 and ends March 31, the second quarter commences April 1 and ends June 30, the third quarter commences July 1 and ends September 30, and the fourth quarter commences October 1 and ends December 31, all inclusive.
(29) "Recycling Incentive" means the amount the Board pays for each quart of lubricating oil recycled, to every industrial generator, curbside collection program, certified used oil collection center, or electric utility pursuant to Sections 48651(a) and (b) of the Public Resources Code.
(30) "Regional" means any geographic area which includes two or more local agencies.
(31) "Used lubricating oil generated by a certified used oil collection center" means used lubricating oil generated on-site by the certified used oil collection center. It does not include used oil generated by an entity other than the center, except used oil delivered by the public in quantities of no more than 20 gallons per person per day.
(32) "Used oil collection program" means a program undertaken by a local agency to encourage the collection, recycling, and proper disposal of used oil generated at households. A used oil collectionprogram includes but is not limited to, integration of used oil collection into an existing curbside collecting program, household hazardous waste program, and a public education and awareness program to promote opportunities for, and to educate the public as to the benefits from, recycling of used oil.
(33) "Used oil storage facility" means a hazardous waste facility which stores used oil, as defined in Section 25123.3(a) of the Health and Safety Code.
(34) "Used oil transfer facility" means a hazardous waste transfer facility that either stores used oil for periods greater than 144 hours, or that transfers used oil from one container to another as defined in Section 25123.3(c) of the Health and Safety Code.
(35) "U.S. EPA" means the United States Environmental Protection Agency.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48601, 48616, 48618, 48619, 48651, 48660, 48670, 48674, 48690 and 48691, Public Resources Code.





s 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.






s 18611. Will the Board Examine My Books and Records to Determine Whether I Comply with These Regulations?
(a) Yes. The Board, or persons authorized by the Board, 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 the Board 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.





s 18612. Are the Reports and Information that I Submit to the Board Public Documents?
(a) All information obtained by the Board, or persons authorized by the Board 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) If you believe that any information submitted to the Board is a trade secret, you must identify this information 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, the Board 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 the Board pursuant to this Chapter, the Board 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.





s 18613. Articles 3, 4, and 5 of this Chapter Describe Specific Records that I Must Maintain. How Must I Maintain These Records?
Any records which you are required to maintain pursuant to this Chapter or the Act must be kept in accordance with the following provisions:
(a) You must give the Board notice of the location of your 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 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.
(b) 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.
(c) All records maintained pursuant to this Chapter must include the books of account that are ordinarily maintained by the average prudent businessperson 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.






s 18614. Articles 3, 4, and 5 of this Chapter Contain Specific Reporting Requirements. How Do I Submit Reports, Notices, and Applicable Supporting Documents to the Board?
(a) Except where specifically provided otherwise, any reports and notices must be prepared and submitted in the form designated by the Board. 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 the Board must contain all of the following information:
(1) The full name, 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 the Board 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 the Board 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 ion 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.





s 18614.1. What If My Report Does Not Contain All of the Information Required by Section 18614 of this Article?
The Board will reject your 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.






s 18615. When are Reports Due to the Board?
Report due dates are discussed in this Chapter as follows: in Section 18622 for oil manufacturers, Section 18634 for used oil haulers, and Section 18642 for used oil recycling facilities.

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






s 18616. On What Date is a Report, Complaint, Payment, Notice or Other Information Considered to be Submitted to the Board?
Reports, complaints, payments, notices and other information will be considered submitted to the Board on the postmarked date if deemed complete by the Board.

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






s 18619.1. Scope and Applicability.
The regulations contained in this Article set forth recordkeeping requirements with which certified used oil collection centers, industrial generators, curbside collection programs, and electric utilities wishing to claim recycling incentives must comply.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(d), 48660, 48670 and 48680, Public Resources Code.





s 18619.2. Will The Board Examine My Books, Records, and Operations to Determine Whether I Am in Compliance With The Program Requirements?
(a) Yes. An operator of a certified or registered program shallprovide access to the Board or persons authorized by the Board for any one or all of the following purposes:
(1) To determine compliance with the provisions of the Act and this Chapter;
(2) To determine the accuracy of any information provided to the Board;
(3) For the investigation of complaints related to compliance with the provisions of the Act and this Chapter; or
(4) To inspect any records required by the Act or this Chapter.
(b) An applicant for certification or registration shall provide access to the Board or persons authorized by the Board for the purposes listed in subparts (a)(1), (a)(2), and (a)(4) of this Section.
(c) Failure to provide access, as required, may result in one or more of the following:
(1) Denial of a pending application;
(2) Cancellation of a certification or registration, or denial of a recertification request;
(3) Legal actions pursuant to Public Resources Code Section 48680;
(4) Recoupment of monies previously paid by the Board, which were the subject of the inspection; or
(5) Rejection of incentive claims made to the Board.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(d), 48660, 48670 and 48680, Public Resources Code.





s 18619.3. How Must Records Be Maintained to Satisfy The Requirements of This Chapter?
(a) Any records which you are required to maintain pursuant to this Chapter or the Act must be kept in accordance with the following provisions:
(1) You must give the Board notice of the location of your records on or before April 1, 1993, or upon certification or registration pursuant to Articles 6 and 6.1 of this Chapter, respectively. "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 a 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 individual(s) responsible for such records.
(2) Records must be retained 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 businessperson 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. If records are maintained in an Automatic Data Processing (ADP) system, it 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.
(4) All records maintained pursuant to this Chapter shall be suitable for examination. Records satisfy this standard when they are prepared and retained in accordance with generally accepted accounting principles and good business practice.

Note: Authority cited: Sections 40502 and 48651, Public Resources Code. Reference: Sections 48631(d), 48660, 48670 and 48680, Public Resources Code.





s 18619.4. Are the Reports and Information That I Submit to the Board Public Documents?
(a) All information obtained by the Board, or persons authorized by the Board, 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 2650 et. seq.), or another 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 finan cial data; and trade secrets, as defined in the Public Resource Code, which the reporter has requested not be publicly disclosed.
(b) If you believe that any information submitted to the Board is a trade secret, you must identify this information 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, the Board 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 the Board pursuant to this Chapter, the Board 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.





s 18619.5. What Happens If My Certified or Registered Used Oil Collection Program Is Not In Compliance With the Requirements of the Act or of This Chapter?
Violations of the Act or any regulation contained in this Chapter may be subject to the provisions of Section 48680 of the Public Resources Code.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(d), 48660 and 48680, Public Resources Code.





s 18620. Applicability.
In addition to the general requirements of this Chapter, oil manufacturers must comply with the provisions of this Article.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48671, Public Resources Code.





s 18621. As an Oil Manufacturer, What Records Am I Required to Maintain?
Beginning May 1, 1992, you must maintain records of all industrial oil sold in California and all lubricating oil sold in California which is not exempt from payment of the fee pursuant to Section 48650 of the Public Resources Code. Records must include:
(a) the amount, in gallons, of lubricating oil sold monthly;
(b) the amount, in gallons, of industrial oil sold monthly.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48671, Public Resources Code.





s 18622. As an Oil Manufacturer, What Reports Must I Submit to the Board?
All oil manufacturers must prepare and submit to the Board a report in accordance with the general requirements for reporting contained in section 18614 of this Chapter.
(a) You must submit a report for the period between May 1, 1992, and September 30, 1992, which includes:
(1) the amount, in gallons, of lubricating oil sold monthly in California;
(2) the amount, in gallons, of industrial oil sold monthly in California. This report is due to the Board by January 31, 1993.
(b) For the quarter beginning October 1, 1992, and each following quarter, you must submit reports which include:
(1) the amount, in gallons, of lubricating oil sold monthly in California;
(2) the amount, in gallons, of industrial oil sold monthly in California;
(3) the total amount of fees due pursuant to Section 48650 of the Public Resources Code.
(A) you must calculate the total amount of fees due by multiplying the number of gallons of lubricating oil sold during the quarter by $0.16 per gallon.
Reports must be submitted to the Board on or before the last day of the month following each quarter, as defined in Section 18601 of this Chapter. For example, lubricating oil sold during the quarter commencing October 1 and ending December 31 must be reported by January 31.

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





s 18623. What Date is Considered the Date of Sale?
The date of sale of lubricating or industrial oil is the date of receipt by the purchaser, as evidenced by an invoice.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a) and (b), Public Resources Code.





s 18624. How Should Payments be Made to the Board and When Are They Due?
(a) All payments made pursuant to Sections 48650(a) and (b) of the Public Resources Code must accompany the report submitted pursuant to Section 18622 of this Chapter. Payments received after the due date of this report shall be deemed late.
(b) All payments must be reported and recorded in currency of the United States of America ( "U.S. dollars"). All payments to the Board must be made in U.S. dollars and made by either check, draft, money order or cashier's check payable to the State of California, Integrated Waste Management Board or an entity designated by the Board to collect payments.

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





s 18625. How Do I Notify Those Who Purchase Lubricating Oil From Me That the Fee Has Been Paid?
You must inform your customers that the fee has been paid by one of the following methods:
(a) A sales invoice or a contract which clearly states that the fee is included in the invoiced or contracted amount;
(b) Documentation showing that the fee has been paid to the Board.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48650(a) and (b), Public Resources Code.





s 18626. Exemption Certificates.
(a) Scope and Applicability. All sales or transfers of lubricating oil in the state by an oil manufacturer are subject to the oil recycling fee unless exempted.
(b) Exemption from Responsibility for the Oil Recycling Program Fee. A seller is exempt from responsibility for the oil recycling fee when the purchaser certifies in writing, in a timely manner, to the seller that the lubricating oil purchased will be used in an exempt manner as provided in PRC section 48650. To be considered timely, an exemption certificate shall be given:
(1) At any time before the seller bills the purchaser for the lubricating oil; or
(2) At any time within the seller's normal billing and payment cycle; or
(3) Any time at or prior to delivery of the subject oil to the purchaser.
Exemption certificates are valid until there is a change in the use of the oil as described in the certificate. The purchaser is responsible for submitting a revised exemption certificate prior to any change in use of the oil purchased.
(c) Liability for the Fee for Other Uses If a purchaser certifies in writing to a seller that the lubricating oil purchased will be used in an exempt manner, as provided in PRC section 48650(b), and instead uses the lubricating oil in some manner which is not exempt, the purchaser shall be liable for payment of the oil recycling fee as if the purchaser were the first person or entity to take title to the lubricating oil for sale, use, or transfer in this state. The fee will apply at the time of the sale, use or transfer by the purchaser.
(d) Form of Exemption Certificates.
(1) All purchasers qualifying for an exemption must provide certification as follows:
(A) the name and address of the purchaser;
(B) the purchaser's CIWMB oil manufacturer registration number;
(i) if the purchaser is not required to hold an oil manufacturer registration number, a statement to that effect and the reasons;
(C) a description of the lubricating oil purchases associated with the certificate, including the number of gallons;
(D) a statement describing the exempt use of the lubricating oil pursuant to the exemptions described in PRC section 48650(b);
(E) date;
(F) signature of the purchaser.
(2) Submission to the Board of form CIWMB 36 "State of California Oil Recycling Program Fee Exemption Certificate" (rev. 11/94), which is incorporated herein by reference, will satisfy the requirements of part d(1), above. (See Appendix A.)
(e) "Qualified" Fee Exemption Certificates. Purchasers may issue "Qualified" Fee Exemption Certificates if a portion of the total oil purchased is to be used in an exempt manner. In these cases, the CIWMB Fee Exemption Certificate Form Number 36 (rev. 11/94) requires that a purchase order be attached. Each purchase order must indicate that the oil is purchased for exempt use. If a purchase order does not so specify, it will be presumed that the oil purchased is to be used in a nonexempt manner, and is subject to the fee.
(f) Untimely Exemption Certificates. An exemption certificate which is not issued in a timely manner is not retroactive, and will not relieve the seller of the responsibility for the fee, unless the seller presents satisfactory evidence that (1) the specific oil was used in an exempt manner or (2) that the fee was paid to the state by the purchaser.
(g) Good Faith. A seller will be presumed to have been issued a certificate in good faith in the absence of evidence to the contrary. A seller will not be relieved of the responsibility for the oil recycling fee if it knew, or should have known, that the lubricating oil would not be used by the purchaser in an exempt manner.
(h) Penalties for Improper Use of an Exemption Certificate. Civil penalties, as described in Public Resources Code (PRC) section 48680, may be assessed if there is unauthorized issuance or use of an Exemption Certificate.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650 and 48680, Public Resources Code.





s 18626.99. Certificate of Registration.

Note: Authority cited: Section 3470(b), Public Resources Code. Reference: Sections 3470(b) and (c), Public Resources Code.





s 18627. Refund of Lubricating Oil Payment.
Any person who has made the lubricating oil payment on oil which is later sold or used for an exempt purpose pursuant to PRC section 48650, may request a refund. For this chapter, an exempt purpose shall include lubricating oil that is subsequently sold to an agency of the Federal Government and on which the payment was not made by that agency. The request for a refund must include the information in Section 18613 of this chapter.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a) and (b), 48671 and 48680, Public Resources Code.Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a) and (b), 48671 and 48680, Public Resources Code.





s 18630. Scope and Applicability.
In addition to the general requirements of Article 2 of this Chapter, used oil haulers must comply with the provisions of this Article.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48672, Public Resources Code.





s 18631. As a Used Oil Hauler, What Records Am I Required to Maintain?
You must keep all manifests and modified manifest receipts as described in Section 25250.8 of the Health and Safety Code and Section 66263.22 of Title 22 of the California Code of Regulations. These documents must be made available to the Board for examination pursuant to Section 18611 of this Chapter. These records must be maintained in accordance with the general requirements set forth in Section 18613 of this Chapter, in addition to any recordkeeping requirements of the Department of Toxic Substances Control.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48672, Public Resources Code.





s 18632. What Specific Information Am I Required to Include on Each Modified Manifest Receipt?
In addition to the information required by Section 25250.8 of the Health and Safety Code, you must include the following information on each modified manifest receipt:
(a) the generator category of the entity generating the used oil, as defined in Section 18601 of this Chapter;
(b) an estimate of the amount, in gallons, of lubricating oil and the amount, in gallons, of industrial oil collected from the generator.
(1) To obtain an estimate, you must ask each generator to provide an approximation of the amount of used lubricating oil and the amount of used industrial oil being collected.
(2) If the generator fails to provide you with an estimate of the amount of lubricating versus industrial oil, you must use your best judgment to provide an estimate based upon your knowledge, if any, of the types of machinery used by the generator.
(3) You will not be held liable for the accuracy of estimates made pursuant to (1) and (2), above.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48672, Public Resources Code.





s 18633. Am I Required to Provide Any Specific Information to the Recipients of the Used Oil I Deliver?
Yes. Used oil haulers must provide the recipients of their used oil (i.e., a used oil transfer facility, a used oil storage facility, or a used oil recycling facility) with either:
(a) a receipt containing the following information for each delivery:
(1) the manifest number;
(2) an estimate of the amount, in gallons, of lubricating oil and the amount, in gallons, of industrial oil contained in the delivery; or
(b) an estimate in box 11 or box 15 of the Uniform Hazardous Waste Manifest, of the amount, in gallons, of lubricating oil and the amount, in gallons, of industrial oil contained in the delivery.

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





s 18634. As a Used Oil Hauler, What Reports Must I Submit to the Board?
All used oil haulers must prepare and submit to the Board a report in accordance with the general requirements for reporting contained in Section 18614 of this Chapter.
(a) All reports must be submitted to the Board no later than 10 days after the end of each quarter, as defined in section 18601 of this Chapter. For example, used oil transported during the quarter commencing July 1 and ending September 30 must be reported by October 31, and used oil transported during the quarter commencing October 1 and ending December 31 must be reported by January 31.
(b) Reports must contain all of the following information for the used oil that you collected during the reporting period:
(1) an estimate, by generator category, of the total amount, in gallons, of lubricating oil collected and transported;
(2) an estimate, by generator category, of the total amount, in gallons, of industrial oil collected and transported;
(3) the sum total, in gallons, of all used lubricating and industrial oil collected and transported;
(4) if you are also the operator of a used oil transfer facility or a used oil storage facility, indicate the amount of used oil included in this report which was, or will be, to the best of your knowledge, reported to the Board by another hauler;
(5) a listing of all the locations to which you transported used oil during the reporting period, including used oil transfer facilities, used oil storage facilities, and used oil recycling facilities. For each location, you must specify the name of the entity, the street address, the mailing address, the telephone number, and the U.S. EPA Identification Number.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48672, Public Resources Code.





s 18640. Scope and Applicability.
In addition to the general requirements of Article 2 of this Chapter, used oil recycling facilities, as defined in Section 48624 of the Public Resources Code, shall comply with the provisions of this Article.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48624, 48662 and 48673, Public Resources Code.





s 18641. As the Operator of a Used Oil Recycling Facility, What Records Am I Required to Maintain?
You must maintain the following records in accordance with the general requirements set forth in Section 18613 of this Chapter.
(a) Manifests, maintained pursuant to Section 66264.71(a)(6) of Title 22 of the California Code of Regulations, must be made available for examination pursuant to Section 18611 of this Chapter.
(b) For each delivery received, you must estimate the amount, in gallons, which is used lubricating oil and the amount which is used industrial oil. You may obtain an estimate of these amounts from the used oil hauler delivering the used oil pursuant to Section 18633 of this Chapter.
(c) You must maintain records of the amount of used oil processed at your facility. These records must include:
(1) the amount, in gallons, of recycled oil produced. For purposes of this section, recycled oil includes used oil which is prepared for reuse, as it is defined in the Section 25250.1 of the Health and Safety Code, including used oil which is:
(A) re-refined as motor vehicle oil;
(B) re-refined as industrial oil;
(C) processed into fuel oil;
(D) processed into asphalt;
(E) consumed in the process of preparing it for reuse, including being burned for energy recovery;
(2) the amount, in gallons, of used oil transferred to another facility for processing or treatment;
(3) the amount, in gallons, of residual material produced.
For purposes of this section, residual material includes constituents of the used oil which remain after processing, including those:
(A) produced as a nonhazardous waste (e.g., water);
(B) produced as a hazardous waste;
(C) other.
If "other" is indicated, you must indicate the specific residual material produced.

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





s 18642. As an Operator of a Used Oil Recycling Facility, What Reports Must I Submit to the Board?
(a) You must prepare and submit to the Board a report in accordance with the general requirements for reporting contained in Section 18614 of this Chapter.
(b) All reports must be submitted on or before the last day of the month following each quarter, as defined in section 18601 of this Chapter. For example, used oil received and recycled during the quarter commencing July 1 and ending September 30 must be reported by October 31, and used oil received and recycled during the quarter commencing October 1 and ending December 31 must be reported by January 31.
(c) Your reports must contain all of the following information for the reporting period:
(1) the total amount, in gallons, of used oil received during the reporting period, including:
(A) an estimate of the total amount of lubricating oil received;
(B) an estimate of the total amount of industrial oil received.
(2) the amount of used lubricating and used industrial oil received from:
(A) within California;
(B) outside of California.
If used oil is received from outside of California, the report must include the state or country from which the used oil was received.
(3) the total amount, in gallons, of recycled oil produced by the facility. For purposes of this section, recycled oil includes used oil which is prepared for reuse, as it is defined in the Section 25250.1 of the Health and Safety Code, including used oil which is:
(A) re-refined as motor vehicle oil;
(B) re-refined as industrial oil;
(C) processed into fuel oil;
(D) processed into asphalt;
(E) consumed in the process of preparing it for reuse, including being burned for energy recovery;
(4) the total amount, in gallons, of used oil transferred to another facility for processing or treatment and the name and U.S. EPA Identification number of each facility;
(5) the total amount, in gallons, of residual material produced. For purposes of this section, residual material includes constituents of the used oil which remain after processing, including those:
(A) produced as a nonhazardous waste (e.g., water);
(B) produced as a hazardous waste;
(C) other.
If "other" is indicated, you must indicate the specific residual material produced.

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





s 18643. Records of Transaction.

Note: Authority cited: Section 3470(b), Public Resources Code. Reference: Section 3468(b), Public Resources Code.





s 18643.0. Who May Become a Certified Used Oil Recycling Facility?
The Board shall consider certifying any used oil recycling facility in California, as defined in Section 48624 of the Public Resources Code.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48624 and 48662, Public Resources Code.





s 18643.1. Why Should I Become a Certified Used Oil Recycling Facility?
It is necessary for used oil recycling facilities to become certified because recycling incentives can only be paid to certified used oil collection centers, industrial generators, or curbside collection programs that transport used oil to certified used oil recycling facilities or to an out of state recycling facility as described in Section 48651 of the Public Resources Code. Industrial oil must also be hauled to certified used oil recycling facilities.

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





s 18643.2. As An Operator of a Used Oil Recycling Facility, Must I Apply For Certification/Recertification of the Facility?
No. Once the Board receives a report from the Department following the annual inspection of your facility, the Board initiates the certification/recertification process for your facility.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.






s 18643.3. How Does The Board Certify or Recertify a Used Oil Recycling Facility?
(a) Following the annual inspection of a used oil recycling facility pursuant to Section 48661 of the Public Resources Code, the Department forwards an inspection report of the facility to the Board.
(b) Within a minimum of six (6), a median of eight (8), and a maximum of ten (10) working days of receipt of an inspection report for a used oil recycling facility, the Board notifies the operator of the facility in writing that its certification/recertification is being processed.
(c) Within a minimum of twenty-five (25), a median of thirty-five (35), and a maximum of forty-five (45) working days of receipt of the above described inspection report, the Board notifies the operator of the facility in writing that its certification is either:
(1) Approved; or
(2) Denied, and the reasons for denial.
Denial may occur when a facility is engaged in a repeating or recurring pattern of noncompliance that poses a significant threat to public health and safety or the environment. Such a pattern may include violations as described in Public Resources Code Sections 48661 (b) and (c).
(d) If a certification is approved, the Board sends a certificate to the operator of the facility.
(e) In case of denial, the operator of the facility may submit a written request for a Board hearing.

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.





s 18643.4. As an Operator of a Used Oil Recycling Facility, What Should I Do With the Certificate That the Board Issues to Me?
(a) The certificate shall be kept on file at the used oil recycling facility. An operator may request that the certificate be kept on file at another location, and the Board may grant approval of such request when the request is submitted in writing and the following conditions are met:
(1) A copy of the certificate with a statement indicating where the original certificate is maintained is kept at the recycling facility; and
(2) The original certificate is maintained at the main business office of the operator where records and reports meeting the requirements of Article 5 of these regulations are maintained. (continued)