BILL ANALYSIS
SB 1107
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 1107
AUTHOR: Kehoe
AMENDED: April 8, 2010
FISCAL: Yes HEARING DATE: April 19, 2010
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : WATER QUALITY: INTERCEPTOR AND TRAP
GREASE
SUMMARY :
Existing law :
1)Pursuant to the Food and Agriculture Code:
a) Defines "inedible kitchen grease" as any fat or used
cooking greases and oils obtained from any source.
b) Establishes standards for transporters of inedible
kitchen grease including a registration system and
tracking system.
c) Establishes a registration fee of $100 for
transporters and grants authority to California
Department of Food and Agriculture (CDFA) to charge an
additional fee of not more than $300 per year per vehicle
and not more than $3,000 per year per registered
transporter to cover the costs of administering the
program.
d) Requires licensed transporters of inedible kitchen
grease to maintain records for two years. The records
shall include the name and address of each location from
which the transporter obtained the material, the quantity
of material received, and the date the material was
obtained.
2)Under the Porter-Cologne Water Quality Control Act:
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a) Establishes the State Water Resources Control Board
(SWRCB) and regional water quality control boards
(RWQCBs) in the California Environmental Protection
Agency, which must be "the principal state agencies with
primary responsibility for the coordination and control
of water quality". (Water Code 13000 et seq.).
b) Provides that it is unlawful for any person to
knowingly or negligently introduce into a sewer system or
into a publicly-owned treatment works any pollutant or
hazardous substance that the person knew or reasonably
should have known could cause personal injury or property
damage, or to introduce any pollutant or hazardous
substance into a sewer system or into a publicly-owned
treatment works, except in accordance with any applicable
pretreatment requirements, which pollutant or hazardous
substance causes the treatment works to violate waste
discharge requirements. (13387).
c) Provides that any person who knowingly introduces a
hazardous substance into a sewer, as specified, and who
knows at the time that the person thereby places another
person in imminent danger of death or serious bodily
injury, on the first offense it must be punishable by a
fine of not more than $250,000 or imprisonment in the
state prison for not more than 15 years, or both. A
second or subsequent offense will be punishable by a fine
of not more than $500,000 or imprisonment in the state
prison of not more than 30 years, or both. If the crime
is committed by an organization, on the first offense it
must be subject to a fine of not more than $1 million. A
second or subsequent offense must be punishable by a fine
of not more than $2 million. (13387 (d)(1)).
d) Pursuant to a SWRCB order on May 2, 2006, established
a statewide waste discharge requirement for sanitary
sewer systems. The Sanitary Sewer Order requires public
agencies that own or operate sanitary sewer systems to
develop and implement sewer system management plans and
report all sanitary sewer overflows (SSO) to the SWRCB's
SSO database. An SSO is any overflow, spill, release,
discharge or diversion of untreated or partially treated
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wastewater from a sanitary sewer system. SSOs often
contain high levels of suspended solids, pathogenic
organisms, toxic pollutants, nutrients, oil, and grease.
This bill establishes the Interceptor and Trap Grease
Transportation Act to be overseen by SWRCB that:
1)Defines Interceptor and Trap Grease (ITG) as grease from
food preparation, processing or waste that does not include
inedible kitchen grease (yellow grease).
2)Establishes a registration process for ITG haulers including
specified performance requirements and payment of a fee by
ITG haulers.
3)Requires ITG haulers to maintain and submit to SWRCB an ITG
waste tracking document, as prescribed by SWRCB, which
accounts for the amounts and locations of ITG that is picked
up and its final disposition.
4)Authorizes SWRCB to suspend, deny, revoke, or refuse to
issue a registration at any time if the applicant disposed
of interceptor grease at an unapproved facility;
reintroduced grease into a sanitary sewer or storm drain
without authority; commingled interceptor grease with other
forms of liquid waste; failed to maintain and submit
required tracking reports; failed to fully pump all grease,
water, greasy liquid, and solids from the grease interceptor
or trap; took interceptor and trap grease from an
unregistered hauler; or violated or aided any violation of
statute, regulation, or order relating to interceptor and
trap grease.
5)Establishes the ITG Fund to receive the fees paid by the ITG
haulers and to be used by SWRCB to implement these new
requirements.
6)Makes conforming changes to the Food and Agriculture Code
and the Public Resources Code.
7)Makes findings and declarations regarding the management of
ITG.
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COMMENTS :
1)Purpose of Bill . According to the author, "Inadequate
oversight of grease trap waste haulers threatens our bays,
beaches, and water ways. California communities are
continuously threatened by sewer system overflows caused by
grease." Every year, hundred of grease waste haulers
collect millions of gallons of grease trap waste from
restaurants and other sources. However, current law does
not require haulers to indicate where they finally dispose
of the waste.
Currently, renderers and transporters of inedible kitchen
grease are licensed by CDFA. The licensed renderers are
required to keep records for inedible kitchen grease, but
not information on the final disposition.
This bill establishes a new program under SWRCB for the
interceptor and trap grease (not the yellow or kitchen
grease) management portion of the waste stream.
2)Background .
a) Grease is the Word Again? As shown by the legislative
history below, the management of grease has been under
scrutiny for quite some time. Unfortunately, even with
Legislative and Administration direction, there remains a
loophole in the tracking of this waste stream.
Especially the grease from interceptors and traps which
does not have the strong market for reuse and recycling
for biodiesel and other products that the yellow or
kitchen grease does.
Interceptor and trap grease or "Brown Grease" is the
by-product collected in the restaurant/food establishment
setting that ends up down the drain through the sink,
dishwasher or restaurant floor. Examples include, food
scraps in the dishwasher, residue on the floors, fats,
oils, grease, grit and other kitchen waste. (Interceptor
grease differs from "yellow grease", which is a
by-product of cooking oil. Generally, yellow grease has
value and can be sold, is placed in barrels behind the
restaurant and can be recycled into products, such as
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bio-diesel.)
b) Scope of the Problem . Interceptor grease entering
sewers is a pervasive problem, causing clogs and
resulting in sewage spills. Grease in sewers is a major
cause of sewer spills on our streets and into our bays
and beaches. In a May 2009 report, SWRCB reported that
since 2006 19% of all reported sanitary sewer overflows
were caused by grease deposition. Sewage spills can
contaminate the public water supply, endanger public
health in water recreational areas, and damage the
environment. In 2004, the California District Attorneys
Association authored a report entitled "Grease: The
Prosecutors' Perspective," which concludes that a major
cause of sewer spills that contaminate drinking water
supplies and pollute rivers, streams, and coastal waters
is the improper handling and disposing of grease from
commercial establishments. The improper management of
fat, oil, and grease wastes causes environmental and
public health damage.
c) Current Program . CDFA currently oversees the
transportation of grease, however that program lacks a
tracking system that mandates that haulers demonstrate
where they finally deposit or dispose of what they pick
up. Thus leaving a loophole in tracking the final
destination.
In 2004 with the veto of AB 2633 (Frommer), the Governor
instructed CDFA to review and upgrade its existing system
to improve the tracking and enforcement of laws governing
disposal of restaurant grease. It has been five years
since the governor's message, and CDFA has yet to
implement regulations on an improved tracking system.
VETOED DATE: 09/29/2004
To the Members of the California State Assembly: I am
returning
Assembly Bill 2633 without my signature.
I appreciate the environmental damage that can be caused
by the
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inappropriate handling, transport and disposal of grease,
including
how this product can foul our land, rivers, and oceans.
The
California Department of Food and Agriculture has a
system of
regulating grease hauling while the Integrated Waste
Management Board
regulates waste. We have existing regulatory authority
to address
this issue. I am directing the Department of Food and
Agriculture in
coordination with the Integrated Waste Management Board
to review
and upgrade its existing system to improve the tracking
and
enforcement of laws governing disposal and transportation
of
restaurant grease.
The author has been working diligently on this issue;
however there has been no improvement in the situation.
The approach in SB 1107 establishes a system for
management and tracking of interceptor and trap grease
that mirrors the CDFA system. Under this bill, CDFA
would retain its program over the kitchen or yellow
grease and SWRCB would oversee the interceptor and trap
grease. SWRCB has jurisdiction over water quality and
has programs and standards in place to assist with the
management of grease through its Fats, Oils and Greases
(FOG) program.
3)Support and Opposition Arguments . Supporters of the measure
contend that the current system is lacking and that a system
that places oversight with an agency with jurisdiction over
quality is necessary. They cite that the situations with
sewer spills and the resulting environmental contamination
and threat to public health are not improving and action
must be taken.
Opponents state the problem of illegal dumping of
interceptor grease into the sewer system is currently
illegal and a violation of current law. They argue that if
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the illegal dumping of interceptor grease is widespread,
SWRCB would be able to cite those violators under current
law. They also feel that the current regulatory system
provides a comprehensive approach, regulating renderers,
dead animal haulers, and kitchen grease transporters
including interceptor grease haulers. Moving one element of
this program to SWRCB would create challenges, including the
need to train additional state employees with little
expertise in the grease hauling industry, increase in
regulatory costs, and potential reduction in effectiveness
of the existing program.
4)Related Legislation .
a) AB 2633 (Frommer) of 2004 attempted to create the
Interceptor Grease Transportation, Recycling and Disposal
Act of 2004 to manage the transportation and disposal of
interceptor grease. This bill was vetoed by the
governor.
b) AB 1333 (Frommer), Chapter 186, Statutes of 2006, made
it a misdemeanor to improperly dispose or incompletely
remove grease from traps or interceptors.
c) AB 1065 (Matthews) Chapter 533, Statutes of 2005,
established a method for tracking inedible kitchen
grease; defined "interceptor grease"; required
transporters to be insured; changed the suspension or
revocation of a license or registration; and expanded the
conditions that may lead to a suspension or revocation of
a license or registration.
d) SB 1138 (Cedillo) would create a Rendering Industry
Advisory Board. This bill is set for hearing in the
Committee on April 19, 2010.
5)Previous Committee . SB 1107 was approved by the Senate Food
and Agriculture Committee on April 6, 2010 (3-1).
SOURCE : San Diego Coastkeeper
SUPPORT : California Coastkeeper Alliance
Clean Water Action
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Coastal Environmental Rights Foundation
East Bay Municipal Utility District
Heal the Bay
Liquid Environmental Solutions
Orange County Coastkeeper
Russian Riverkeeper
San Francisco Baykeeper
Sierra Club California
OPPOSITION : California Grain and Feed Association
Pacific Coast Rendering Association