Hazardous waste: used oil.

Existing law, as part of the hazardous waste control laws, authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil. Existing law exempts used oil from regulation by the department if the used oil meets the requirements for recycled oil or meets other specified conditions, including that the used oil is not hazardous waste pursuant to criteria adopted by the department. Existing law requires a generator of used oil to test and certify that the used oil meets the conditions for exemption from regulation before transportation from the generator location. A violation of the hazardous waste control laws is a crime. This bill would provide that the testing of used oil from a generator of highly controlled used oil, as defined, is required only once per year for the purpose of determining whether the used oil is hazardous waste for purposes of the exemption from regulation. The bill would authorize a generator of highly controlled used oil to use the results of that test and any prior tests of the same kind to certify that the used oil is not hazardous waste, as specified. The bill would require a generator of highly controlled used oil to include a signed certification statement with each shipment of that oil that the generator claims is exempt from regulation. The bill would require the generator to maintain with the certification statement records of the tests on which the certification is based and would make the records subject to audit and verification by the Department of Toxic Substances Control, the unified program agency, or the Department of Resources Recycling and Recovery. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.