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(continued)
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.
s 18643.5. How Long Is a Certificate Valid?
(a) A certificate is valid until such time that it is surrendered by the operator, or recertification is denied pursuant to Section 18643.3 of this Article.
(b) A certificate does not expire, and the operator of a used oil recycling facility is not required to submit an application for recertification. Upon receipt of the annual inspection report from the Department, the Board automatically initiates the certification/recertification process for a facility. However, upon evaluating the annual inspection report, the Board may either certify/recertify a used oil recycling facility or deny its certification/recertification pursuant to Section 18643.3 of this Article.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.
s 18643.6. Is the Certificate Transferrable?
No. The certificate is neither transferrable nor assignable to any other person. It is issued to a specific operator of a used oil recycling facility for a specific location. The operator of a used oil recycling facility must notify the Board in writing of any change in the operator, location of the facility, or cessation of facility operation. The notification shall be submitted to the Board within sixty (60) calendar days of the change occurring.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.
s 18643.7. Is There a List of Certified Used Oil Recycling Facilities Available?
(a) Yes. The Board maintains a current list of certified used oil recycling facilities. The list is available to the public upon request.
(b) The Board also maintains a current list of used oil recycling facilities whose certifications were denied by the Board. This list is also available to the public upon request.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.
s 18644. Annual Report.
Note: Authority cited: Section 3470(b), Public Resources Code. Reference: Section 3468(c), Public Resources Code.
s 18650.0. Scope and Applicability.
Any person wishing to have a used oil collection center certified by the Board, pursuant to Section 48660 of the Public Resources Code, must comply with the provisions of this Article.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18650.1. Who May Apply for Certification?
Any operator or proposed operator of a used oil collection center is eligible to apply for certification from the Board. Application for certification of a used oil collection center is optional and is not required by the Act or this Chapter.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18650.2. How Do I Apply for Certification?
(a) A separate, complete application containing the information requested in Section 18650.3, below, for each used oil collection center must be submitted to the Board when requesting certification.
(b) The filing period for applications is continuous.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18650.3. What Information Am I Required to Provide in the Application for Certification?
(a) To be considered complete, applications shall contain the following information:
(1) A request for either initial certification, or recertification.
(A) If the application is for recertification, it shall include only that information which has changed since the last application for certification was submitted to the Board.
(2) The name, street and mailing address, and phone number (if applicable) of the used oil collection center, and, if different, of the operator.
(3) The type of organization which the operator 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 applicant shall 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 an authorizing letter or a resolution from the governing board.
(F) If the operation is a private, nonprofit program, the applicant shall provide 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; or
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 as assigned by the Secretary of State.
(4) The federal identification number (employer ID number) of the organization.
(5) A description of the physical location of the facility in relation to the nearest cross street.
(6) If it is a proposed operation, the specific date the center intends to begin accepting used oil from the public at no charge and offering the recycling incentive.
(7) If it is an existing facility, the specific date the center began accepting used oil from the public at no charge and offering the recycling incentive.
(8) The actual days and hours the used oil collection centers is, or will be, open for business.
(9) The actual days and hours the used oil collection center is, or will be, accepting used oil from the public at no charge and offering the recycling incentive.
(10) If applicable, the hazardous waste generator identification number assigned by either the Department of Toxic Substances Control or the U.S. EPA.
(11) Description of operations conducted at the collection center, if any, in addition to the collection of used oil from the public. Description of other materials collected for disposal and/or recycling at the facility.
(12) Total anticipated or actual used oil storage vessel capacity of all storage vessels on site, in gallons.
(13) If the application is for initial certification, a description of the type and frequency of advertising which will be conducted to comply with Section 18651.4 of this Chapter.
(14) If the application is for recertification, a description of the method and frequency of each type of advertising conducted (since the previous application for certification was submitted) to comply with Section 48660(b)(4) of the Public Resources Code and Section 18651.4 of this Chapter. Whenever possible, an example or facsimile of each advertising event should be included.
(15) An indication whether the proposed operator or owner 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.
(16) Identify the company name or individual and address to whom the Board should pay the recycling incentive.
(17) Any other information the Board determines is necessary to aid in a finding of compliance with Public Resources Code Section 48660(b).
(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 that the facility for which this application is being made is currently in compliance with all Federal, State and local requirements. I certify that the property owner is aware that I am applying to become a certified used oil collection center and will be accepting used oil from the public. 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 48660, Public Resources Code.
s 18650.4. How Does the Board Process an Application for Certification of a Used Oil Collection Center?
(a) The Board 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 the Board for compliance with these regulations and with the Act.
(c) The Board will periodically conduct field investigations to verify the ongoing accuracy of information contained in a certification application.
(d) The Board will notify an applicant in writing within a minimum of six (6), a median of eight (8), and a maximum of 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, the Board shall notify the applicant in writing within a minimum of twenty-five (25), a median of thirty-five (35), and a maximum of forty-five (45) calendar days that certification is either:
(1) Granted; or
(2) Denied and the reason(s) for denial.
(f) If the Board grants certification, the applicant shall receive the written notice, a certificate, and a certification sign.
(g) If the Board denies certification of a used oil collection center, and the applicant wishes a hearing on such denial, a request for hearing must be made to the Board in writing.
(h) 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) For recertification:
(A) 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;
(B) The used oil collection center's certification history demonstrates outstanding fines, penalties, or unresolved audit findings.
1. If the certification of a used oil collection center is denied, the applicant can reapply for certification at any time.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18650.5. May a Person Withdraw an Application for Certification?
Yes. An applicant may withdraw an application from review by the Board. Such withdrawal shall be requested in writing and submitted to the Board. A withdrawal of application does not prohibit the operator of a used oil collection center from reapplying at a later date.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18650.6. As the Operator of a Certified Used Oil Collection Center, Might There Ever be an Occasion When I Will Need to Submit a New Application?
(a) Yes. An operator shall be required to file a new application with the Board in accordance with the requirements of this Chapter when any of the following conditions occur:
(1) A change in the location of the certified used oil collection center; or
(2) A change in the operator of the certified used oil collection center; or
(3) Expiration of the certificate pursuant to Section 18650.8 of this Article.
(b) Because a certificate is not transferrable (see Section 18650.9 of this Article, an application for initial certification must be submitted whenever there is a change in the location or operator of a certified used oil collection center.
(c) An application for initial certification or recertification shall be submitted at least sixty (60) calendar days prior to any of the events listed in (a) above to avoid any loss of incentive payments.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18650.61. As the Operator of a Certified Used Oil Collection Center,. What Should I Do if I Decide to Cease Collection Center Operations?
You should notify the Board, in writing, of your intention to cease collection center operations a minimum of thirty (30) days prior to cessation of operation. This written notice should indicate the date the collection center will cease accepting used lubricating oil from the public. Within thirty (30) days of cessation of operation, you must return your certificate and certification sign (if issued by the Board) to the Board.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18650.7. What Should I Do with the Certificate Once I Have Received It?
(a) The certificate shall be kept on file at the used oil collection center. 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 used oil collection center; and
(2) The original certificate is maintained at the main business office of the operator where records and reports meeting the requirements of this Chapter are maintained.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18650.8. When Does My Certificate Expire?
A certificate shall be valid for two (2) years from the date certification is approved by the Board, or until such time as it is voluntarily surrendered by the operator, denied pursuant to Section 18650.4 of this Chapter, or canceled by the Board pursuant to Section 48660(a) of the Public Resources Code.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18650.9. Is a Certificate Transferrable or Assignable?
No. The certificate is issued to a specific used oil collection center operator for a specific location and is neither transferrable nor assignable to any other person.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18651.0. What Must I Do with a Certificate Sign Once I Have Received It?
(a) All certified used oil collection centers shall display a certification sign provided by the Board. The sign shall be in compliance with Public Resources Code Section 48660(b)(4) and will also include the following information:
(1) State of California Certified;
(2) Contaminated oil, or oil suspected of contamination, may not be accepted;
(3) Space for insertion, by operator, of the center operating hours.
(b) The certification sign must be posted in a location easily readable from a public street. The sign may be posted in a different location if requested in writing and approved in writing by the Board.
(c) The certification sign shall not be displayed by any person, company, or other entity not approved for certification by the Board.
(d) The certification sign is the property of the Board and shall be returned to the Board upon surrender, expiration, or cancellation of certification.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18651.1. What If Local Zoning Ordinances Prevent Posting of the Sign Provided by the Board?
Where local zoning ordinances do not permit posting of the sign provided by the Board in accordance with Section 18651.0 of this Article, the Section 48660(b)(4) of the Public Resources Code, the collection center operator must petition the Board by submitting a written request describing how the center will meet these requirements. The Board shall notify the center in writing within thirty (30) calendar days of receipt of the petition that its request is either:
(a) Approved; or
(b) Denied and the reasons for denial.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18651.2. What Are the Required 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 verbally offer to pay persons an amount equal to the recycling incentive the center will receive for the used oil.
(c) Certified used oil collection center operators shall not accept more than twenty (20) gallons of used oil, in containers not larger than five (5) 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) 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.
(f) If the collection center accepts 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; and
(2) Quantity of used industrial oil received, in gallons or quarts.
(g) 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.
(h) 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.
(i) 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) The Board 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) Should a center wish 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 the Board for approval. Such petition shall be a written request describing why the center is entitled to payment. The Board 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.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48660(b), 48660(c), 48660(d), and 48670, Public Resources Code.
s 18651.3. How Do I Calculate the Amount of Recycling Incentive I Owe to a Person Delivering Used Oil?
(a) To calculate the payment, multiply the total number of quarts received by the value of the recycling incentive set by the Board. Payment to the patron must be based on a determination of the nearest quart.
(b) A certified used oil collection center shall have available at all times graduated container capable of accurately measuring, in one quart increments, and safely transferring, one liquid gallon. The graduated container shall be used for measurement if the amount of oil brought in by the public is in question by either the patron or the collection center staff.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660(b)(2), Public Resources Code.
s 18651.4. As the Operator of a Certified Used Oil Collection Center, How Do I Comply with the Act's Requirement for Periodic Advertising in Local Media?
(a) Advertising using one or more of the following mechanisms at least once every six months shall constitute compliance with the requirements of the Act:
(1) Newspaper, magazine, newsletter or other periodic publication;
(2) Radio;
(3) Press releases, public service announcements, or feature news;
(4) Printed material including brochures or posters;
(5) Outdoor advertising including billboards and transit signs;
(6) Special events;
(7) Television;
(8) Direct mail;
(9) Yellow pages.
(b) An advertisement shall include the name, location, and hours used lubricating oil is accepted at the center and indicate that the center accepts used lubricating oil at no charge, and offers payment of the recycling incentive.
(c) Two or more collection centers may jointly advertise their centers provided the name, location, and hours of each center is identified, and the form and frequency of advertisement complies with part (a) of this Section. The advertisement must also indicate that each center accepts used lubricating oil at no charge and offers payment of the recycling incentive.
(d) Should a collection center wish to implement an advertising program different from that described in part (a) of this Section, the center shall petition the Board for approval by submitting a written request describing how the center will meet the advertising requirement of the Act. The Board shall notify the center in writing within a minimum of ten (10), a median of twenty (20) and a maximum of thirty (30) calendar days of receipt of the petition that its request is either:
(1) Approved; or
(2) Denied and the reasons for denial.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code.
s 18651.5. As a Certified Used Oil Collection Center, How Can I Determine If Used Oil is Contaminated in Excess of That Which Would Occur Through Normal Use?
In order to determine contamination in excess of that which would occur through normal use, a certified used oil collection center may test used oil received from the public for halogenated compounds, and may conduct verbal and/or visual screening.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48660(c), 48660.5(a), and 48660.5(b)(1), Public Resources Code.
s 18651.6. Under What Conditions Will a Contaminated Used Oil Shipment Be Eligible for Reimbursement of Disposal Costs, Pursuant to Section 48660.5 of the Public Resources Code?
(a) A shipment meeting both of the following conditions will qualify for reimbursement:
(1) Used oil which meets the criteria of Public Resources Code Section 48660.5; and,
(2) Used oil which has been properly disposed of and issued a receipt of disposal. A Uniform Hazardous Waste Manifest may be used for this purpose. Disposal, for the purpose of this Section, means incinerating, burying, or otherwise processing contaminated used oil for purposes of elimination which result in a higher cost than the cost to recycle non-contaminated used oil.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660.5(a), 48660(c), Public Resources Code.
s 18651.7. What Constitutes One Shipment in Regards to Reimbursement of Disposal Costs, Pursuant to Section 48660.5 of the Public Resources Code?
A shipment may not exceed the capacity of the storage tank normally used by the certified used oil collection center to contain used lubricating oil received from the public.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660.5(c), Public Resources Code.
s 18651.8. How Do I Apply for Reimbursement of Additional Disposal Costs Pursuant to Public Resources Code Section 48660.5?
The Board shall reimburse an operator of a certified used oil collection center for the cost of hauling contaminated oil minus the amount normally charged to haul the same amount of uncontaminated oil pursuant to the requirements of Section 48660.5(a) of the Public Resources Code. To receive reimbursement, an operator must submit a written application to the Board.
(a) An application must include:
(1) The collection center name, its location, and its Board identification number;
(2) The hazardous waste generator identification number (ID Number) assigned by either the California Department of Toxic Substances Control or the U.S. EPA;
(3) Quantity of shipment for which reimbursement is sought, in gallons;
(4) Source, type, and level of contamination (if known);
(5) Registered hazardous waste hauler (pursuant to Article 6.5, Chapter 6.5, Division 20, Health and Safety Code) name, ID Number, and actual total disposal cost;
(6) A statement 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.";
(7) Signature of collection center supervisor.
(b) Applicant must also submit:
(1) A copy of invoice or receipt from a used oil hauler indicating:
(A) The Uniform Hazardous Waste Manifest number for the shipment;
(B) Amount of actual total disposal cost minus the amount normally charged to pick-up the same amount of uncontaminated oil;
(2) Copy of the Uniform Hazardous Waste Manifest from the used oil hauler;
(3) Copy of established certified used oil collection center procedures for preventing contamination of oil with hazardous waste.
(c) In any calendar year, a certified used oil collection center shall be reimbursed for not more than one shipment of contaminated used oil and for not more than five thousand dollars ($5,000) in disposal costs, subject to the availability of funds pursuant to Public Resources Code Section 48656.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660.5, Public Resources Code.
s 18651.9. Must Certified Used Oil Collection Centers Maintain Written Procedures to Prevent the Acceptance of Contaminated Used Lubricating Oil?
(a) Yes. Established procedures for preventing the acceptance of contaminated used lubricating oil must be in writing and available to Board staff, collection center personnel, and the public during normal business hours.
(b) Procedures may include:
(1) Posted signs which list unacceptable contaminants;
(2) A list of questions to ask patrons regarding contaminants;
(3) A description of tests of used oil for the presence of contaminants.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48660 and 48660.5, Public Resources Code.
s 18653.0. Scope and Applicability.
In addition to the general requirements of this Chapter, industrial generators, operators of curbside collection programs, and electric utilities wishing to claim the used oil recycling incentive must comply with the provisions of this Article.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code.
s 18653.1. Purpose.
The Board requires registration of all industrial generators, operators of curbside collection programs, and electric utilities to facilitate the payment of recycling incentives.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code.
s 18653.2. As an Industrial Generator, Operator of Curbside Collection Program, or Electric Utility, How Do I Register to Receive Payment of Recycling Incentives?
(a) To register to receive payment of the recycling incentive, a separate, complete application must be submitted to the board by each industrial generator, operator of a curbside collection program, or electric utility.
(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 infor mation 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.
s 18653.3. What Information Am I Required to Provide in the Application for Registration?
(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 the Board.
(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 applicant shall 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 or an electric utility, a description of the physical location of the facility in relation to the nearest cross street.
(5) If an industrial generator or an electric utility, the name, street and mailing address, and phone number of the operation.
(6) If an electric utility, the Public Utilities Commission identification number, if applicable.
(7) If a curbside collection program, the name, street and mailing address, and phone number of the offices of the program 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 the Board should pay the recycling incentive.
(13) Any other information the Board 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 wife.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code.
s 18653.4. What Will the Board Do with the Application for Registration Once It is Submitted for Review?
(a) The Board will issue an identification number to all industrial generators, operators of curbside collection programs, and electric utilities upon receipt of the application for registration.
(b) All applications for registration will be reviewed by the Board for compliance with these regulations and with the Act.
(c) The Board will periodically conduct field investigations to verify the ongoing accuracy of information contained in the registration application.
(d) The Board will notify the applicant in writing within a minimum of six (6), a median of eight (8), and a maximum of 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, the Board shall notify the applicant in writing within a minimum of twenty-five (25), a median of thirty-five (35), and a maximum of 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, curbside collection program's, or electric utilities' 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, curbside collection program's, or electric utilities' registration history demonstrates outstanding fines, penalties, or unresolved audit findings.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code.
s 18653.5. As an Industrial Generator, Operator of a Curbside Collection Program, or an Electric Utility, May I Withdraw an Application for Registration?
Yes. An applicant may withdraw an application from review by the Board. Such withdrawal shall be requested in writing and submitted to the Board. A withdrawal of application does not prohibit an industrial generator, an operator of a curbside collection program, or an electric utility from reapplying at a later date.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code.
s 18653.6. As an Industrial Generator, an Operator of a Curbside Collection Program, or an Electric Utility Which Has Already Registered, Might There Ever Be an Occasion When I Will Need to Submit a New Application?
(a) Yes. Should there be a change in any of the information included in the most recent registration application submitted to the Board you are required to submit a new application.
(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.
s 18654. How Does the Board Calculate Used Oil Recycling Rates?
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(c) and (d) and 48676, Public Resources Code.
s 18655.1. Who Can Receive Recycling Incentive Payments?
Used oil collection centers certified pursuant to Article 6 of this Chapter, and industrial generators, curbside collection programs, and electric utilities registered pursuant to Article 6.1 of this chapter are eligible to receive recycling incentive payments.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), Public Resources Code.
s 18655.2. On What Used Oil Can a Recycling Incentive Be Paid?
(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 $0.04 per quart of $0.16 per gallon fee 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 the U.S. EPA 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 and/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 20 gallons per person per day.
(c) For electric utilities, all lubricating oil sold or transferred in this state or imported into this state after October 1, 1992, for which a $0.04 per quart or $0.16 per gallon fee was paid to the State of California and, after use, was used to generate electricity after April 1, 1993, is eligible for payment of a recycling incentive. Electric utilities may only claim recycling incentive payments for lubricating oil used in equipment owned by the electric utility.
(d) If the Board 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 the Board. Any refunds may be deducted from future recycling incentive claims.
(e) If the Board 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 the Board. 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.
s 18655.3. When Can an Incentive Claim Be Submitted?
No more than three incentive claims per quarter shall be submitted to the Board. The last claim for a quarter must be postmarked on or before the last day of the month following that quarter.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b) and 48670, Public Resources Code.
s 18655.4. How Long After Used Oil Is Hauled Away, or Used to Generate Electricity By an Electric Utility Must an Incentive Claim Be Submitted?
A claim must be submitted by the last day of the month following the quarter in which the used lubricating oil was transported by a used oil hauler to a used oil recycling facility, or used to generate electricity by an electric utility.
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), Public Resources Code.
s 18655.5. How Do Incentive Claims Relate to Quarterly Reports, as Described in Public Resource Code Section 48670?
(a) 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, electric utilities, and certified used oil collection centers must submit an incentive claim/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;
(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; or
(3) Used by an electric utility to generate electricity.
(c) No more than three incentive claims/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.
s 18655.51. If I Operate More Than One Certified Used Oil Collection Center, May I Submit a Single Recycling Incentive Claim?
(a) Yes, upon written approval by the Board.
(b) If an operator of more than one certified collection center wishes to submit a single incentive claim for multiple centers, the operator shall make such request for approval in writing. The Board shall notify the operator in writing within forty-five (45) calendar days of receipt of the request that it is either:
(1) Approved; or
(2) Denied and the reasons for denial.
(c) A single incentive claim for multiple centers must include the information required by Sections 18655.6(b), (3), (5), (6), (7), (8), and (9) of this Chapter, for each certified center. The person completing the single 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 modified manifest receipts and, if applicable, copies of the purchase receipts, invoices, or other documentation showing payment of the $0.04 per quart or $0.16 per gallon lubricating oil recycling fee must include the identification number as issued by the Board 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.
s 18655.6. What Must Be Submitted With an Incentive Claim?
Incentive claims submitted by industrial generators, curbside collection programs, certified used oil collection centers and electric utilities 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 and telephone number of a contact person for purposes of the report; and
(3) The identification number as issued by the Board 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 incentive claim/report was submitted. Specify if no lubricating oil was purchased;
(6) If lubricating oil was purchased, copies of the purchase receipts, invoices, or other documentation showing payment of the $0.04 per quart or $0.16 per gallon 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 the U.S. EPA 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 modified manifest receipts from used oil haulers pursuant to Health & Safety Code Section 25250.8 for the amount of used lubricating oil for which a claim is being made;
(9) Electric utilities shall include the amount of lubricating oil used to generate electricity pursuant to Public Resources Code Section 48651(b) for the period since the previous claim; 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.
s 18655.7. Where Are Incentive Claims Submitted?
Incentive Claims and Quarterly Reports shall be delivered to the Board'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."
Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b) and 48670, Public Resources Code.
s 18655.8. What Records Must I Keep to Support an 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 of $0.04 per quart or $0.16 per gallon was paid to the State of California or a vendor; and
(2) Retain copies of manifests or modified manifest receipts from used oil haulers to support an 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 modified manifest receipts from used oil haulers to support an incentive payment claim.
(c) Electric utilities must:
(1) Retain copies of purchasing receipts for all lubricating oil purchased that denote a fee of $0.04 per quart of $0.16 per gallon was paid to the State of California or to a vendor; and
(2) Maintain documentation indicating:
(A) The date that used lubricating oil from utility-owned equipment was used to generate electricity; and
(B) The amount, in gallons of used lubricating oil from utility-owned equipment that was used to generate electricity.
(d) Industrial generators:
(1) Must retain copies of purchasing receipts for any lubricating oil purchased that specify a fee of $0.04 per quart or $0.16 per gallon was paid to the State of California, or to the distributor; and
(2) Must retain copies of manifests or modified manifest receipts from used oil haulers; and
(3) Must retain all vouchers issued by the Board verifying refunds of fees paid by the Board 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 and48670, Public Resources Code. Reference: Sections 48651(a) and (b), and 48670, Public Resources Code. (continued)