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(7) (A) For purposes of this section and Section 25250 . 7 only, "contaminated <br /> petroleum product ' means a product that meets all of the following conditions : <br /> (i) It is a hydrocarbon product whose original intended purpose was to be used as <br /> a fuel, lubricant, or solvent. <br /> (ii) It has not been used for its original intended purpose . <br /> (iii) It is not listed in Subpart D (commencing with Section 251 . 30) of Part 261 of <br /> Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations . <br /> (iv) It has not been mixed with a hazardous waste other than another contaminated <br /> petroleum product. <br /> (B) Nothing in this section or Section 25250 . 7 shall be construed to affect the <br /> exemptions in Section 25250 . 3 , or to subject contaminated petroleum products that <br /> are not hazardous waste to any requirements of this chapter. <br /> (b) Unless otherwise specified, used oil that meets either of the following conditions <br /> is not subject to regulation by the department: <br /> ( 1 ) The used oil has not been treated by the generator of the used oil, the generator <br /> claims the used oil is exempt fiorn regulation by the department, and the used oil <br /> meets all of the following conditions : <br /> (A) The used oil meets the standards set forth in subparagraph (B) of paragraph <br /> (3 ) of subdivision (a) . <br /> (B) The used oil is not hazardous pursuant to the criteria adopted by the department <br /> pursuant to Section 25141 for any characteristic or constituent other than those listed <br /> in subparagraph (B) of paragraph (3 ) of subdivision (a) . <br /> (C) The used oil is not mixed with any waste listed as a hazardous waste in Part <br /> 261 (commencing with Section 261 . 1 ) of Subchapter I of Chapter 1 of Title 40 of the <br /> Code of Federal Regulations . <br /> (D) The used oil is not subject to regulation as either hazardous waste or used oil <br /> under the federal act . <br /> (E) The generator of the used oil has complied with the notification requirements <br /> of subdivision (c) and the testing and recordkeeping requirements of Section 25250 . 19 . <br /> (F) The used oil is not disposed of or used in a manner constituting disposal . <br /> (2) The used oil meets all the requirements for recycled oil specified in paragraph <br /> (3 ) of subdivision (a), the requirements of subdivision (c) , and the requirements of <br /> Section 25250 . 19 . <br /> (c) Used oil recycling facilities and generators lawfully recycling their own used <br /> oil that are the first to claim that recycled oil meets the requirements specified in <br /> paragraph (2) of subdivision (b) shall maintain an operating log and copies of <br /> certification forms, as specified in Section 25250 . 19 . Any person who generates used <br /> oil, and who claims that the used oil is exempt from regulation pursuant to paragraph <br /> ( 1 ) of subdivision (b) , shall notify the department, in writing, of that claim and shall <br /> comply with the testing and recordkeeping requirements of Section 25250 . 19 prior <br /> to its reuse . In any action to enforce this article, the burden is on the generator or <br /> recycling facility, whichever first claimed that the used oil or recycled oil meets the <br /> standards and criteria, and on the transporter or the user of the used oil or recycled <br /> oil, whichever has possession, to prove that the oil meets those standards and criteria . <br />