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(i) The generator services, repairs, and maintains equipment owned and operated <br /> only by the generator. <br /> (ii) The generator does not derive revenue from the activities described in clause <br /> (i) . <br /> (iii) The used oil is generated from the generator 's equipment and that equipment <br /> is of similar types that are used under similar operating conditions . <br /> (iv) The generator does not use or store halogenated solvents, or any products <br /> containing halogenated solvents, in the same location at the site at which the used oil <br /> is generated or stored. <br /> (v) The generator provides a signed certification statement at the time that the <br /> generator notifies the department pursuant to subdivision (c) of Section 25250 . 1 <br /> stating that the statements in clauses (i) to (iv), inclusive, are true and that the generator <br /> employs management practices that prevent halogenated solvents and polychlorinated <br /> biphenyls from coming into contact with, or commingling with, the used oil for which <br /> an exemption is claimed pursuant to paragraph ( 1 ) of subdivision (b) of Section <br /> 25250 . 1 . <br /> (c) Used oil recyclers identified in subdivision (a) and generators identified in <br /> subdivision (b) shall record in an operating log and retain for three years the <br /> information specified in paragraphs ( 1 ) to (5) , inclusive, of subdivision (a) of Section <br /> 25250 . 18 on each shipment of recycled or exempted oil . <br /> (d) Operating logs required in subdivision (c) are subject to audit and verification <br /> by the department, the unified program agency, or the Department of Resources <br /> Recycling and Recovery. <br /> (e) ( 1 ) If oil produced at a used oil recycling facility in this state meets the standards <br /> of purity set forth in subparagraph (B ) of paragraph (3 ) of subdivision (a) of Section <br /> 25250 . 1 and is not hazardous due to the presence of a characteristic or constituent for <br /> which the department has made a finding required by subparagraphs (A) and (B ) of <br /> paragraph (2) of subdivision (a) , but the oil is hazardous due to the presence of another <br /> constituent or characteristic, the facility operator shall not be subject to a penalty <br /> pursuant to this chapter for failing to manage the oil as a hazardous waste, unless both <br /> of the following apply : <br /> (A) While the oil was onsite at the facility, the operator of the facility knew, or <br /> reasonably should have known, that the oil failed to meet those criteria . <br /> (B) The facility operator failed to take action to manage the oil as a hazardous <br /> waste when the oil was determined to be hazardous . <br /> (2) The department may exercise its authority, including, but not limited to, the <br /> issuance of an order, to a used oil recycling facility pursuant to Section 25187 , to <br /> ensure that oil subject to this subdivision is managed as a hazardous waste pursuant <br /> to this chapter. <br /> (Amended by Stats. 2018 , Ch. 440, Sec. 1 . (AB 2928) Effective January 1 , 2019.) <br />