California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 8 - Used Oil Recycling Program
Article 5 - Used Oil Recycling Facilities
Section 18643.3 - Certification and Registration Status of Used Oil Recycling Facilities

Universal Citation: 14 CA Code of Regs 18643.3

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Following the annual inspection of a used oil recycling facility pursuant to Section 48661 of the Public Resources Code, the Department forwards an inspection report of the facility to CalRecycle for review.

(b) Within forty-five (45) working days of receipt of the above described inspection report, CalRecycle notifies the operator of the facility in writing that its certification or registration is either:

(1) Approved; or

(2) Denied, and the reasons for denial.

(c) Denial may occur when a facility is engaged in a repeating or recurring pattern of:

(1) Noncompliance that poses a significant threat to public health and safety or the environment. Such a pattern may include violations as described in Public Resources Code Sections 48661(b) and (c); or

(2) A failure to submit quarterly facility reports as described in Section 18642 of this Chapter.

(d) If re-registration or re-certification is denied, CalRecycle will notify the applicant of the reason(s) for denial. If CalRecycle denies re-registration or re-certification, the facility may appeal that decision within thirty (30) calendar days after the date of the denial notification. Any appeal received by CalRecycle after thirty (30) calendar days from the date of the denial notification shall be denied without consideration of the appeal.

If CalRecycle denies an application for certification or registration, certificate or suspends or revokes a certificate, the facility may appeal that decision within thirty (30) calendar days after the date of the denial, suspension or revocation. Any appeal received by CalRecycle after thirty (30) calendar days from the date of the denial, suspension or revocation shall be denied without consideration of the appeal.

(1) A written appeal shall include, at minimum, the following information:
(A) The facility's name and location;

(B) The type of certification or registration denied;

(C) The date on the notification from CalRecycle and the stated reasons for denial;

(D) A statement of the basis for objecting to the denial; and

(E) Any other relevant documentation in support of the appeal. CalRecycle may consider the reasons for denial, and any additional relevant information presented by the applicant or CalRecycle staff.

(2) CalRecycle will notify the appealing party of the determination in writing within twenty (20) calendar days of its receipt of the appeal.

1. New section filed 1-21-93 as an emergency; operative 1-21-93 (Register 93, No. 4). A Certificate of Compliance must be transmitted to OAL 5-21-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-21-93 order including amendment of subsections (b), (c), (c)(2) and (e) transmitted to OAL 5-21-93 and filed 7-6-93 (Register 93, No. 28).
3. Amendment of section heading and section filed 5-8-2017; operative 7-1-2017 (Register 2017, No. 19).

Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code.

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