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7/1512014 Hazardous Waste Fee Health aril SafetyCcde- Sec43.2 <br />(7) Used oil, as defined in division (a) of Section 25250.1, unlesOne of the following applies: <br />(A) The used oil is excluded under subparagraph (B) or (C) of paragraph (2) of subdivision (d), <br />paragraph (4) of subdivision (d), subdivision (b) of Section 25250.1, or Section 25250.3, and is <br />managed in accordance with the applicable requirements of Part 279 (commencing with Section <br />279.1) of Title 40 of the Code of Federal Regulations. 0 <br />(B) The used oil is used or reused on the site where it was generated or is excluded under <br />paragraph (3) of subdivision (d), is managed in accordance with the applicable requirements of <br />Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations, and is <br />not any of the following: <br />(i) Used in a manner constituting disposal or used to produce a product that is applied to land. <br />(ii) Burned for energy recovery or used to produce a fuel unless the used oil is excluded under <br />subparagraph (B) or (C) of paragraph (2) of subdivision (d). <br />(iii) Accumulated speculatively. <br />(iv) Determined to be inherently wastelike pursuant to regulations adopted by the department. <br />(f) (1) Any person who manages a recyclable material under a claim that the material qualifies for <br />exclusion or exemption pursuant to this section shall provide, upon request, to the department, the <br />California Environmental Protection Agency, or any local agency or official authorized to bring an action <br />as provided in Section 25180, all of the following information: <br />(A) The name, street and mailing address, and telephone number of the owner or operator of any <br />facility that manages the material. 0 <br />(B) Any other information related to the management by that person of the material requested by <br />the department, the California Environmental Protection Agency, or the authorized local agency or <br />official. <br />(2) Any person claiming an exclusion or an exemption pursuant to this section shall maintain <br />adequate records to demonstrate to the satisfaction of the requesting agency or official that there is a <br />known market or disposition for the material, and that the requirements of any exemption or exclusion <br />pursuant to this section are met. <br />(3) For purposes of determining that the conditions for exclusion from classification as a waste <br />pursuant to this section are met, any person, facility, site, or vehicle engaged in the management of a <br />material under a claim that the material is excluded from classification as a waste pursuant to this <br />section is subject to Section 25185. <br />(g) For purposes of Chapter 6.8 (commencing with Section 25300), recyclable materials excluded <br />from classification as a waste pursuant to this section are not excluded from the definition of hazardous <br />substances in subdivision (g) of Section 25316. <br />(h) Used oil that fails to qualify for exclusion pursuant to subdivision (d) solely because the used oil is <br />a RCRA hazardous waste may be managed pursuant to subdivision (d) if the used oil is also managed <br />in accordance with the applicable requirements of Part 279 (commencing with Section 279.1) of Title <br />40 of the Code of Federal Regulations. 0 <br />http://wm. boe.ca.govA avog uideslbusi nesslcurrentlbd g lwl4lhMlhM-25143-2.htrrd 616 <br />