Opinion No. (2004)

BILL LOCKYER Attorney General DANIEL G. STONE Deputy Attorney General THE HONORABLE DEAN FLOREZ, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: Does a certified used oil collection center's liability exemption for used oil collected from the public apply to used oil generated by the collection center's own oil — change business? CONCLUSION A certified used oil collection center's liability exemption for used oil collected from the public does not apply to used oil generated by the collection center's own oil — change business. ANALYSIS The Legislature has enacted a comprehensive statutory scheme, the Carpenter — Presley-Tanner Hazardous Substance Account Act (Health Saf. Code, §§ 25300-25395.45; "Act"), 1 authorizing corrective actions to be taken whenever releases or threatened releases of hazardous substances occur in the state. The program is operated by the California Environmental Protection Agency (§ 25310.5) and its Department of Toxic Substances Control (§ 25312; "Department"). When the Department takes a responsive action to a release or potential release of a hazardous substance (§§…