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<br /> HEALTH AND SAFETY CODE-HSC
<br /> DIVISION 20.MISCELLANEOUS HEALTH AND SAFETY PROVISIONS[24000-26250] (Division 20 enacted by Stats. 1939,
<br /> Ch. 60.)
<br /> CHAPTER 6.5.Hazardous Waste Control[25100-25259] (Chapter 6.5 added by Stats. 1972, Ch. 1236.)
<br /> ARTICLE 13.Management of Used Oil[25250-25250.30] (Article 13 added by Stats. 1986, Ch. 871, Sec. 1. )
<br /> 25250. (a) The Legislature finds that almost 100 million gallons of used oil is generated each year in the state; that
<br /> this oil is a valuable petroleum resource which can be recycled; and that, in spite of this potential for recycling,
<br /> significant quantities of used oil are wastefully disposed of or improperly used by means which pollute the water,
<br /> land, and air, and endanger the public health, safety, and welfare.
<br /> (b) The Legislature also finds that readily available technologies exist to recycle used oil into useful products and
<br /> that used oil should be collected and recycled, to the maximum extent possible, by means which are economically
<br /> feasible and environmentally sound, in order to conserve irreplaceable petroleum resources, to protect the
<br /> environment, and to protect public health, safety, and welfare.
<br /> (Added by Stats. 1986, Ch. 871, Sec. 1.)
<br /> 25250.1. (a) As used in this article, the following terms have the following meaning:
<br /> (1) (A) 'Used oil" means all of the following:
<br /> (i) Oil that has been refined from crude oil, or any synthetic oil, that has been used, and, as a result of use or as a
<br /> consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities.
<br /> (ii) Material that is subject to regulation as used oil under Part 279 (commencing with Section 279.1) of Subchapter
<br /> I of Chapter 1 of Title 40 of the Code of Federal Regulations.
<br /> (B) Examples of used oil are spent lubricating fluids that have been removed from an engine crankcase,
<br /> transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery
<br /> powered by an internal combustion engine; industrial oils, including compressor, turbine, and bearing oil; hydraulic
<br /> oil; metalworking oil; refrigeration oil; and railroad drainings.
<br /> (C) "Used oil"does not include any of the following:
<br /> (i) Oil that has a flashpoint below 100 degrees Fahrenheit or that has been mixed with hazardous waste, other than
<br /> minimal amounts of vehicle fuel.
<br /> (ii) (I) Wastewater, the discharge of which is subject to regulation under either Section 307(b) (33 U.S.C. Sec.
<br /> 1317(b)) or Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.),
<br /> including wastewaters at facilities that have eliminated the discharge of wastewater, contaminated with de minimis
<br /> quantities of used oil.
<br /> (II) For purposes of this clause, "de minimis quantities of used oil"are small spills, leaks, or drippings from pumps,
<br /> machinery, pipes, and other similar equipment during normal operations, or small amounts of oil lost to the
<br /> wastewater treatment system during washing or draining operations.
<br /> (III) This exception does not apply if the used oil is discarded as a result of abnormal manufacturing operations
<br /> resulting in substantial leaks, spills, or other releases or to used oil recovered from wastewaters.
<br /> (iii) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
<br /> (iv) Oil that contains polychlorinated biphenyls (PCBs) at a concentration of 5 ppm or greater.
<br /> (v) (I) Oil containing more than 1000 ppm total halogens, which shall be presumed to be a hazardous waste
<br /> because it has been mixed with halogenated hazardous waste listed in Subpart D (commencing with Section
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