BILL NUMBER: AB 2633 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 27, 2004
PASSED THE SENATE AUGUST 26, 2004
AMENDED IN SENATE AUGUST 25, 2004
AMENDED IN SENATE AUGUST 23, 2004
AMENDED IN SENATE AUGUST 17, 2004
AMENDED IN SENATE JULY 12, 2004
AMENDED IN SENATE JUNE 21, 2004
AMENDED IN SENATE JUNE 15, 2004
AMENDED IN ASSEMBLY MAY 24, 2004
AMENDED IN ASSEMBLY MAY 13, 2004
AMENDED IN ASSEMBLY APRIL 19, 2004
AMENDED IN ASSEMBLY MARCH 31, 2004
INTRODUCED BY Assembly Member Frommer
(Coauthor: Assembly Member Plescia)
(Coauthor: Senator Morrow)
FEBRUARY 20, 2004
An act to amend Section 19215 of, to add Section 19217 to, and to
add Article 6.6 (commencing with Section 19317) to Chapter 5 of Part
3 of Division 9 of, the Food and Agricultural Code, relating to
grease.
LEGISLATIVE COUNSEL'S DIGEST
AB 2633, Frommer. Grease: solid waste.
(1) The existing California Integrated Waste Management Act of
1989, which is administered by the California Integrated Waste
Management Board, establishes an integrated solid waste management
program. Existing law prohibits the operation of a solid waste
facility without a solid waste facilities permit.
Under existing law, the Department of Food and Agriculture
registers transporters of inedible kitchen grease, as defined, and it
is unlawful for a person to transport inedible kitchen grease
without being registered by the department.
This bill would enact the Interceptor Grease Transportation,
Recycling, and Disposal Act of 2004, and would require all grease
removed from grease traps or grease interceptors to be transported by
a grease waste hauler issued a grease transporter registration by
the department.
The bill would require the department to register a person who is
engaged in the transportation of interceptor grease. The bill would
prohibit the department from issuing an interceptor grease
transporter registration to a grease waste hauler unless, as a
condition of registration, the applicant demonstrates the ability to
respond to damages resulting from the operation of the hauling
business, including the ability to respond to public liability, or if
the department determines that the hauler has a repetitive or
recurring pattern of violating specified weight limits. The bill
would authorize the department to deny, suspend, or revoke the
interceptor grease transporter registration if the applicant or in
the case of a business entity, a trustee, officer, director, or
partner, or a person holding more than 5% of the equity in, or debt
liability of that business entity, has engaged in specified actions
in violation of certain laws, has engaged in other specified unlawful
activities, or has misrepresented or omitted a significant fact or
other material information required in the application for
registration.
The bill would require a grease waste hauler that removes grease
from grease traps or grease interceptors, to the extent feasible, to
completely remove all grease, greasy liquid, water, and solids,
within the grease trap or grease interceptor each time of removal.
The bill would prohibit removed materials from being reinserted into
a grease trap, grease interceptor, sewer, or any other place not
authorized to receive them, and would require that those materials be
transported to a facility authorized to receive them. The bill
would prohibit a grease waste hauler from transporting grease removed
from a grease trap or grease interceptor in the same vehicle used
for other waste.
The bill would authorize a grease waste hauler to transport grease
removed from a grease trap or grease interceptor only to a facility
authorized to receive grease or to a publicly owned treatment works,
as specified. The bill would require a grease waste hauler
transporting grease removed from a grease trap or grease interceptor
to comply with a specified manifesting procedure for the
transportation of that waste, and would require the person to attest
to the accuracy of the information in the manifest under penalty of
perjury. By changing the definition of a crime, the bill would
impose a state-mandated local program.
This bill would prohibit a person from disposing of or managing
grease removed from grease traps or grease interceptors into a land
treatment unit, as defined. The bill would prohibit a facility from
accepting any grease removed from a grease trap or grease
interceptor, unless the facility is a landfill issued a solid waste
facilities permit or a facility that is an offsite commercial grease
recycling and treatment facility that complies with specified
requirements.
The bill would prohibit a person from recycling or treating grease
removed from a grease trap or grease interceptor, unless the person
complies with specified requirements.
The bill would subject a person engaged in the transportation of
grease who violates specified provisions of this bill, or a rule,
regulation, standard, or requirement issued or adopted pursuant to
those provisions regulating the transportation of grease, to
specified civil penalties. The bill would also make those violations
a crime, thereby imposing a state-mandated local program by creating
a new crime. The bill would require that the civil penalties and
criminal fines that are imposed be deposited in the Environmental
Enforcement and Training Account, to be used as specified.
(2) The bill would make legislative findings and declarations
regarding grease control systems.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
Interceptor Grease Transportation, Recycling, and Disposal Act of
2004.
SEC. 1.5. (a) For purposes of this section only, the following
definitions are applicable:
(1) "Grease" means interceptor grease.
(2) "Interceptor grease" means grease that is principally derived
from food preparation, processing, or waste, that is removed from a
grease trap or grease interceptor, and must be properly transported,
recycled, or disposed. Interceptor grease does not include inedible
kitchen grease that is not removed from a grease trap or grease
interceptor or grease from industrial processes that principally
contains petroleum hydrocarbons.
(b) The Legislature finds and declares all of the following:
(1) The improper management of grease wastes causes environmental,
property, and public health damage. There is a need to encourage
development of appropriate grease control measures and statewide
standards for the transportation, recycling, and disposal of grease
wastes, and to integrate this program with existing local efforts to
keep grease out of the sewer system, storm drains, and waters of the
state.
(2) The California regional water quality control boards have
determined that sanitary sewer overflows, or sewage spills, often
contain high levels of suspended solids, pathogenic organisms, toxic
pollutants, nutrients, oxygen demanding organic compounds, oil,
grease, and other pollutants. Sanitary sewer overflows may cause a
nuisance, or temporary exceedances of applicable water quality
standards when the sewage is discharged to surface waters, including
ocean waters, of the state, pose a threat to the public health,
adversely affect aquatic life, and impair the public recreational use
and aesthetic enjoyment of surface waters.
(3) Some local government studies of sewer blockages, including
those of the City of Los Angeles and Orange County, demonstrate that
blockages due to buildup of fats, oil, and grease are consistently a
major cause of or contributor to sewage spills. The disposal of
fats, oil, and grease can interfere with the operation of sewage
pumping stations and can result in increased maintenance costs for
publicly owned treatment works.
(4) Grease that enters public sewer systems may contain various
contaminants, including pesticides, industrial cleaners, and animal
waste.
(5) Grease control systems, including, but not limited to, the use
of best management practices, grease interceptors, or grease traps
protect sewer systems from the dangers associated with grease
blockages. There are uneven requirements for grease control systems
throughout the state. In some cases, there is insufficient local
funding for grease control system inspection and enforcement.
(6) Many public sewer collection systems in California have taken
a proactive role in evaluating the causes of sanitary sewer overflows
within their respective jurisdictions and have implemented programs
to reduce sanitary sewer overflows. Many of these programs include
effective grease control programs that address both the residential
and commercial sectors. Local public sewer collection system owners
and operators should be encouraged to evaluate the contribution of
grease to their sewer blockages, if any, and, if appropriate, to
implement a grease control program that may include, but is not
limited to, the following components:
(A) Best management practices, grease traps, or grease
interceptors, including maintenance requirements.
(B) Implementation of an adequately staffed inspection and
enforcement program.
(C) Requirements for removal of all material from traps or
interceptors with regular frequency.
(D) Other economically and technically feasible measures.
(7) It is important to the protection of human health and the
environment that the grease removed from grease traps and grease
interceptors be transported, recycled, treated, and disposed of
properly, so that it does not enter the human food chain or cause
harm to the environment. Recent prosecutions of irresponsible
haulers demonstrate the need for statewide prevention of these
incidents.
(8) Other states have developed effective and economical methods
to manage this problem to reduce dangers to human health and the
environment.
SEC. 2. Section 19215 of the Food and Agricultural Code is amended
to read:
19215. "Transporter of inedible kitchen grease" means any person
who transports inedible kitchen grease, including interceptor grease.
SEC. 3. Section 19217 is added to the Food and Agricultural Code,
to read:
19217. "Interceptor grease" means inedible kitchen grease
principally derived from food preparation, processing, or waste,
that is removed from a grease trap or grease interceptor.
Interceptor grease does not include inedible kitchen grease that is
not removed from a grease trap or grease interceptor or grease from
industrial processes that principally contains petroleum
hydrocarbons.
SEC. 4. Article 6.6 (commencing with Section 19317) is added to
Chapter 5 of Part 3 of Division 9 of the Food and Agricultural Code,
to read:
Article 6.6. Transportation and Management of Interceptor
Grease
19317. (a) It is the purpose of this article to prevent the
illegal transportation and management of interceptor grease.
(b) (1) The department shall register a person who engages in the
transportation of interceptor grease removed from a grease trap or
grease interceptor. If the registration is for a person who owns or
operates more than one vehicle for this purpose, each vehicle for
this purpose shall be identified by its own vehicle registration
number. A person shall not drive the vehicle for this purpose unless
the individual driver is the registrant or is an employee of the
registrant. The registration shall be for a one-year period and may
be renewed upon the same terms and conditions as the original
registration. The department shall specify a form for application
for registration. The department's specification of the form shall
not be subject to the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code).
(2) The registration issued pursuant to paragraph (1) shall be
known as an "interceptor grease transporter registration," and shall
be conditioned upon compliance with all requirements adopted by the
department in addition to the requirements set forth in this section.
(3) The department may deny, suspend, or revoke the registration
if the applicant or, in the case of a business entity, a trustee,
officer, director, partner, or a person holding more than 5 percent
of the equity in, or debt liability of that business entity, has done
any of the following within the previous 10 years:
(A) Engaged in or aided or abetted another person or entity in the
commission of any violation of a statute, regulation, or order
relating to the transportation or management of grease, including a
violation of the federal Water Pollution Control Act (33 U.S.C. Sec.
1251, and following), the Porter-Cologne Water Quality Control Act
(Chapter 1.5 (commencing with Section 13020) of Division 7 of the
Water Code), Section 5650 of the Fish and Game Code, commercial
vehicle weight limits, or commercial vehicle hours of service, if the
violation thereof pertained to the transportation or management of
grease, and if the violation shows a repetitive or recurring pattern
of violations or may pose a significant threat to human health or the
environment.
(B) Engaged in unlawful activities that have resulted in a federal
or state conviction that is significantly related to the fitness of
the applicant to perform the applicant's duties or activities under
the registration.
(C) Misrepresented or omitted a significant fact or other material
information required in the application for registration.
(4) For the purposes of the suspension or revocation of a
registration pursuant to paragraph (3), the department shall use the
procedures set forth in Sections 25186.1 and 25186.2 of the Health
and Safety Code.
(5) The department shall require, as a condition of registration,
that the applicant demonstrate the ability to respond in damages
resulting from the operation of the hauling business, including the
ability to respond to public liability. Public liability includes
personal injury, property damages, and environmental restoration.
The ability to respond to public liability means having a policy of
insurance coverage issued by an insurer or a surety bond issued by a
surety. Until the department adopts specific requirements for this
demonstration, the amount of the insurance or surety bond shall be no
less than that required by the United States Department of
Transportation for oil in Part 387 of Subchapter B of Chapter 111 of
Title 49 of the Code of Federal Regulations, except that the
requirements shall be half of the amount specified in Part 387 if the
vehicle is under 10,000 pounds gross vehicle weight rating.
(6) A hauler of interceptor grease registered pursuant to this
section is exempt from the registration requirement, but not the
registration fees or additional fees, set forth in Article 6.5
(commencing with Section 19310).
(c) The department shall not issue an interceptor grease
transporter registration to a grease waste hauler if the department
determines that the hauler has a repetitive or recurring pattern,
considering the size of the business entity, of violating commercial
vehicle weight limits.
(d) For purposes of this section, the following definitions shall
apply:
(1) "Grease" means interceptor grease.
(2) "Interceptor grease" means inedible kitchen grease principally
derived from food preparation, processing, or waste, that is removed
from a grease trap or grease interceptor. Interceptor grease does
not include inedible kitchen grease that is not removed from a grease
trap or grease interceptor or grease from industrial processes that
principally contains petroleum hydrocarbons.
19318. (a) The Legislature finds that the unsafe and unregulated
hauling of grease removed from grease traps and grease interceptors
has resulted in road closures, spills, and unsafe disposal of wastes
on land and in waters of the state, as well as damage to the state's
economy. Other states and localities, including in Florida, Georgia,
New York, North Carolina, and Texas, currently impose requirements
on the hauling of grease waste. It is appropriate for the state to
enact similar requirements.
(b) All grease removed from grease traps or grease interceptors
shall be transported by a grease waste hauler issued a grease
transporter registration pursuant to Section 19317. Every vehicle
used in the transportation of interceptor grease shall conspicuously
display the name of the owner of the vehicle and the words
"Registered Interceptor Grease Hauler" in letters not less than two
inches high, and any other signage required by the department.
(c) A grease waste hauler that removes grease from grease traps or
grease interceptors shall, to the extent feasible, completely remove
all grease, greasy liquid, water, and solids, within the grease trap
or grease interceptor each time of removal. The removed materials
shall not be reinserted into a grease trap, grease interceptor,
sewer, or any other place not authorized to receive them, and those
materials shall be transported to a facility that is authorized to
receive them pursuant to Section 19319.
(d) A grease waste hauler shall not transport grease removed from
a grease trap or grease interceptor in the same vehicle used for
other waste, including, but not limited to, yellow grease, cooking
grease, or recyclable cooking oil, to prevent cross-contamination and
possible reintroduction of contaminants into the food chain.
(e) A grease waste hauler may transport grease removed from a
grease trap or grease interceptor only to a facility authorized to
receive grease, in accordance with Section 19319, or to a publicly
owned treatment works that accepts trucked grease for disposal.
(f) A grease waste hauler transporting grease removed from a
grease trap or grease interceptor shall comply with the following
manifesting procedure for the transportation of that waste:
(1) A separate manifest shall be completed by each vehicle driver
with respect to each transport vehicle operated by that driver for
each date on that date.
(2) The transporter shall complete both the generator's and the
transporter's section of the manifest using the transporter's name,
registration number, terminal address, and telephone number. The
driver shall sign and date the generator's and transporter's sections
of the manifest.
(3) The transporter shall attach to the front of the manifest
legible receipts for each estimated quantity of grease waste that is
received from a generator. The receipts shall be used to determine
the total estimated volume of grease waste in the vehicle. After the
grease waste is delivered, the receipts shall be affixed to the
transporter's copy of the manifest. The transporter shall leave a
copy of the receipt with the generator of the grease waste. The copy
shall be left contemporaneously at the time of the grease pickup
unless the generator is closed at the time, in which case the receipt
may be left at a location on the premises agreed to by the generator
or may be mailed within 24 hours.
(4) All copies of a receipt shall contain all of the following
information:
(A) The name, address, last known contact person, and telephone
number of the generator, and the signature of the generator or the
generator's representative, if available. The signature of the
generator may be omitted if the transporter certifies that the
business or location was closed at the time of the pickup.
(B) The date of the shipment.
(C) The manifest number.
(D) The estimated volume or quantity of each waste stream
received.
(E) The name, address, and identification number of the authorized
facility to which the grease waste will be transported.
(F) The transporter's name, address, and registration number.
(G) The driver's legibly printed first and last name and
signature, attesting to the accuracy of the information under penalty
of perjury.
(5) The transporter shall enter the total estimated volume or
quantity of grease waste transported on the manifest. The total
volume or quantity shall be the cumulative amount of each waste
stream collected from the generators listed on the individual
receipts.
(6) The transporter shall submit a report to the department on the
15th of each month. The report shall contain a copy of each
completed generator copy of the manifest from the previous month for
each vehicle. In lieu of submitting a copy of each manifest used, a
transporter may submit an electronic report to the department if the
department provides for electronic filing of the manifest. The list
of generators served by a transporter shall be deemed a trade secret
and confidential business information for purposes of the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code), except that the list
of generators shall be available to all law enforcement and
regulatory agencies.
(7) The transporter shall retain a copy of the manifest and all
receipts for each manifest at a location within the state for three
years. This period of retention is extended automatically during the
course of any unresolved enforcement action regarding the regulated
activity or as requested by the department or a local enforcement
agency.
(8) The transporter shall submit copies of the manifest to the
designated receiving facility upon request of the facility.
(9) A registered transporter shall not require or knowingly permit
any of its employees or independent contractors to engage in any
activity that would constitute a violation of this section.
(h) For purposes of this section, the following definitions shall
apply:
(1) "Grease" means interceptor grease.
(2) "Interceptor grease" means inedible kitchen grease that is
principally derived from food preparation, processing, or waste, that
is not removed from a grease trap or grease interceptor.
Interceptor grease does not include inedible kitchen grease that is
not removed from a grease trap or grease interceptor or grease from
industrial processes that principally contains petroleum
hydrocarbons.
19319. (a) The Legislature finds that the inappropriate
management and disposal of grease removed from grease traps or grease
interceptors has been detrimental to human health and the
environment, including posing a threat to the waters of the state.
It is essential to assure that transported grease be manifested to an
appropriate facility for recycling, treatment, or disposal, in order
to avoid improper disposal to land, surface waters, and sewers.
(b) For purposes of this section, the following definitions apply:
(1) "Grease" means interceptor grease.
(2) "Interceptor grease" means inedible kitchen grease that is
principally derived from food preparation, processing, or waste, that
is removed from a grease trap or grease interceptor. Interceptor
grease does not include inedible kitchen grease that is not removed
from a grease trap or grease interceptor or grease from industrial
processes that principally contains petroleum hydrocarbons.
(3) "Land treatment unit" or "land farm" means a facility or part
of a facility at which waste is applied onto or incorporated into the
soil surface so that constituents are degraded, transformed, or
immobilized within the treatment zone.
(c) A person shall not manage or dispose of grease removed from a
grease trap or grease interceptor into a land treatment unit.
(d) A facility shall not accept any grease removed from a grease
trap or grease interceptor, unless either of the following apply:
(1) The facility is a landfill issued a solid waste facilities
permit pursuant to Division 30 (commencing with Section 40000) of the
Public Resources Code.
(2) The facility is an offsite commercial grease recycling and
treatment facility that complies with subdivision (e).
(e) A person shall not treat or recycle grease removed from a
grease trap or grease interceptor unless the person complies with the
standards set forth in paragraphs (1) and (2).
(1) The proposed recycling and treatment system shall do one of
the following:
(A) Recycle the grease trap or grease interceptor waste into a
product, including, but not limited to, biodiesel fuel, boiler fuel,
or lubricants. The waste shall not be used in cosmetics or animal
feed in violation of requirements of the federal Food and Drug
Administration regarding the use of grease removed from grease traps
and grease interceptors in animal feed.
(B) Effectively prepare the waste for acceptable landfill
disposal.
(2) The grease recycling and treatment facility shall employ the
best available technology for controlling discharges of grease.
(f) Subdivision (e) does not apply to the direct receipt of
trucked grease by a publicly owned treatment works.
19319.5. (a) A person engaged in the transportation of
interceptor grease who violates this article, or a rule, regulation,
standard, or requirement issued or adopted pursuant to this article,
shall be subject to civil penalties not to exceed ten thousand
dollars ($10,000) per violation.
(b) A person engaged in the transportation of interceptor grease
who violates this article, or a rule, regulation, standard, or
requirement issued or adopted pursuant to this article is, upon
conviction, guilty of a misdemeanor, and shall be punished by
imprisonment for up to six months in county jail, a fine of not more
than one thousand dollars ($1,000), or by both that fine and
imprisonment.
(c) Notwithstanding Section 1463 of the Penal Code, the fines and
penalties paid pursuant to subdivisions (a) and (b), shall be
deposited in the Environmental Enforcement and Training Account
established pursuant to Section 14303 of the Penal Code and used for
purposes of Title 13 (commencing with Section 14300) of Part 4 of the
Penal Code.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.