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(2) The transporter annually certifies to the generator, in writing, that any used oil that the transporter receives <br /> from the generator will be transported only to a facility that is authorized by the department to produce used oil <br /> into recycled oil or to a facility that is lawfully operating in accordance with a hazardous waste facilities permit or <br /> interim status document issued pursuant to the federal act. <br /> (c) A transporter may make the certification specified in subdivision (a) even if the used oil the transporter <br /> receives from the generator is first transported to a transfer facility, as defined in paragraph (3) of subdivision (a) <br /> of Section 25123.3, or a storage facility authorized by the department to store used oil, before the used oil is sent <br /> to a facility that is authorized by the department to produce used oil into recycled oil or to a facility that is lawfully <br /> operating in accordance with a hazardous waste facilities permit or interim status document issued pursuant to the <br /> federal act. <br /> (d) Any person who makes a material misrepresentation in the course of implementing the requirements of this <br /> section is in violation of this chapter. A transporter that relies in reasonable good faith upon a statement made by a <br /> facility to comply with this section is not in violation of this chapter. <br /> (e) Each transporter subject to this section shall retain the documents necessary to demonstrate compliance with <br /> this section, including, but not limited to, each signed notification form, for as long as the transporter is required to <br /> retain the manifest for the used oil to which the documents apply. <br /> (f) This section shall not be construed to prohibit the transportation of used oil to any facility located outside the <br /> state, or to impose liability upon, or in any way affect the liability of a generator whose used oil is transported to a <br /> facility located outside the state in accordance with the requirements of this section. <br /> (g) A transporter may place the notification and signature and date block specified in subdivision (a) on the back of <br /> the service order the transporter provides to the generator, if the notification language and associated signature <br /> and date block specified in subdivision (a) is the only wording appearing on that side of the service order and the <br /> transporter and generator sign the signature and date block each time the generator receives a service order. <br /> (Amended by Stats. 2003, Ch. 362, Sec. 6. Effective January 1, 2004.) <br /> 25250.10. Every registered hazardous waste hauler who transports used oil shall report to the department, on or <br /> before March 1 of each year, the following information on a form provided by the department: <br /> (a) The shipping descriptions of used oil transported during the preceding calendar year. <br /> (b) The volume of each type of used oil transported, identified by shipping description. <br /> (c) The facilities to which the used oil was transported, identified by name, address, telephone number, and <br /> Environmental Protection Agency identification number. <br /> (Amended by Stats. 1988, Ch. 545, Sec. 3.) <br /> 25250.11. (a) Any person who receives used oil from consumers or other used oil generators, is exempt from <br /> hazardous waste facilities permit requirements imposed pursuant to Article 9 (commencing with Section 25200) <br /> with respect to any location at which used oil is received if all of the following conditions are met: <br /> (1) Each shipment of used oil received does not exceed 55 gallons, and the capacity of any single container does <br /> not exceed 55 gallons. <br /> (2) No other hazardous wastes are received at the location, unless authorized by other provisions of law. <br /> (3) The used oil is transported by the generator of the used oil. <br /> (b) Any person who transports used oil is exempt from the requirements of subdivision (a) of Section 25163 and <br /> from the requirements of Section 25160 concerning the possession of a manifest while transporting used oil to a <br /> location described in subdivision (a) if all of the following conditions are met: <br /> (1) The capacity of any single container does not exceed 55 gallons. <br /> (2) Each shipment of used oil does not exceed 55 gallons. <br /> (3) The person transporting the used oil had generated the used oil. <br /> (4) The person transporting the used oil does not transport greater than 20 gallons of used oil, and does not <br /> transport any used oil in any container exceeding 5 gallons in capacity, without first contacting the destination <br /> location described in subdivision (a) and verifying that the location will accept the used oil. <br /> (c) This section does not prevent any person that receives used oil pursuant to subdivision (a) from placing volume <br /> limits or container size limits on the shipments of used oil accepted by that person that are smaller than the limits <br /> specified in this section. <br /> (Amended by Stats. 2001, Ch. 605, Sec. 15. Effective October 9, 2001. Operative January 1, 2002, by Sec. 18 of Ch. 605.) <br />