BILL ANALYSIS
SB 1107
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Date of Hearing: June 15, 2010
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Pedro Nava, Chair
SB 1107 (Kehoe) - As Amended: May 24, 2010
SENATE VOTE : 22-13
SUBJECT : Water quality: interceptor and trap grease.
SUMMARY : Requires the State Water Resources Control Board
(SWRCB), on or before January 1, 2012, to develop, adopt, and
implement regulations for a manifest system to track the
transportation of interceptor and trap grease. Requires the
SWRCB to impose a fee on interceptor and trap grease haulers
sufficient to cover the tracking program. Specifically, this
bill :
1)Makes legislative findings about the management of grease from
interceptors and traps.
2)Defines terms, including:
a) "Interceptor and trap grease" as grease that is
principally derived from food preparation, processing, or
waste, and that is removed from a grease trap or grease
interceptor. Interceptor and trap grease does not include
inedible kitchen grease;
b) "Interceptor and trap grease hauler" as a transporter of
interceptor and trap grease (hauler); and,
c) "Manifest system" as a system for documenting and
tracking the transportation of interceptor and trap grease
from the point of pick up to the final destination.
3)Requires the SWRCB to impose a fee on interceptor and trap
grease haulers (grease hauler fee) sufficient to cover the
costs of implementing the requirements of this bill. Requires
the SWRCB to deposit all revenues from the grease hauler fee
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in the Interceptor and Trap Grease Manifest Fund (Fund).
Authorizes the SWRCB to expend funds in the Fund, upon
appropriation by the Legislature, to implement the provisions
of this bill.
4)Requires the SWRCB, on or before January 1, 2012, to develop,
adopt, and implement regulations for a manifest system to
track the transportation of interceptor and trap grease.
Requires the SWRCB, in developing the regulations, to require,
at a minimum, any hauler to compile, and submit quarterly to
the SWRCB, an interceptor and trap grease tracking document
that includes specified information. Requires the SWRCB to
post the tracking documents on its Internet Web site for
access by the public.
5)Requires a hauler to have the interceptor and trap grease
tracking document in their possession while transporting
interceptor and trap grease. Requires a hauler to show the
tracking document upon demand to specified public officials,
including to officers of the California Highway Patrol.
Requires a hauler to record and maintain for three years
documentation of compliance with this bill. Requires a
hauler, whenever any contract for the transportation of
interceptor and trap grease is terminated or expires, to
notify local officials.
6)Prohibits, on or after January 1, 2012, a person or entity
from engaging in the transportation of interceptor and trap
grease unless that person or entity is in compliance with the
provisions of this bill.
7)Provides that the provisions of this bill shall not preempt a
local ordinance or rule that is more stringent.
8)Authorizes the SWRCB to consult with the Department of Food
and Agriculture (CDFA) and any other state agencies when
carrying out the provisions of this bill.
EXISTING LAW :
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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 the 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. Requires the
records to 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:
a) Establishes the State Water Resources Control Board
(SWRCB) and regional water quality control boards (RWQCBs)
in the California Environmental Protection Agency as "the
principal state agencies with primary responsibility for
the coordination and control of water quality."
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.
c) Provides that any person who knowingly introduces a
hazardous substance into a sewer, as specified, and who
knows that it thereby places another person in imminent
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danger of death or serious bodily injury, faces specified
fines of up to $2 million and incarceration.
3)Pursuant to a SWRCB order on May 2, 2006, establishes a
statewide waste discharge requirement for sanitary sewer
systems.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the bill : According to the author's office, "Grease
trap waste, otherwise known as brown grease, consists of fats,
oils and grease from food preparation, processing, or waste that
is removed from grease traps at restaurants and similar
facilities. This grease contains various contaminants,
including pesticides, industrial cleaners, and animal waste.
Every year, hundreds of grease-trap waste haulers collect
millions of gallons of grease trap wastewater from restaurants
and transport the material on our roads, bridges and highways to
disposal facilities. Typically, the material is taken to
wastewater treatment plants for disposal, but because it is
often hauled across multiple jurisdictions with little to no
oversight, it has become increasingly difficult to track how or
where it is disposed. In addition, there is concern that,
because of inadequate tracking and enforcement, grease trap
waste haulers may be illegally dumping grease trap wastewater
back into our sewer systems. Inadequate oversight of grease
trap waste haulers threatens our bays, beaches, and waterways.
SB 1107 will help prevent grease-related sanitary sewer
overflows by ensuring that haulers dispose of brown grease
properly."
Fats, oils and grease (FOG) : According to the SWRCB, "brown
grease" consists of floatable fats, oils and grease (FOG),
settled solids and associated wastewater retained by grease
interceptors and grease traps in food service establishments.
In other words, brown grease is restaurant food and kitchen
waste that is commonly washed down sinks, dishwashers or floor
drains. Brown grease differs from "yellow grease," which is
inedible and unadulterated spent FOG removed from a food service
establishment. The major source of yellow grease is deep
frying. Yellow grease is often recycled, as there is a market
for yellow grease as an animal feed additive; for fatty acids
and glycerol to create surfactants, plastics, resins, textiles
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and cosmetics; to make soap and lubricants; and to create
biodiesel fuel for vehicles. Brown grease has no such market.
This bill sets up a tracking system for brown grease.
FOG and the environment : According to the Sacramento District
Attorney, the illegal disposal of restaurant grease is a
significant statewide problem that can damage publically owned
sewage treatment facilities, cause expensive sewer back-ups and
lead to environmental damage, including water pollution. In
2004, the California District Attorneys Association authored a
report entitled, "Grease: The Prosecutors' Perspective," which
claims that a major cause of sewer spills that contaminate
drinking water supplies and pollute rivers, streams, and coastal
waters is the improper handling and disposal of grease from
commercial establishments. The report notes that the disposal
of FOG interferes with the operation of sewage pumping stations
resulting in increased maintenance costs for publically owned
treatment works. Grease from food preparation establishments
that enters public sewer systems contains various contaminants,
including pesticides, industrial cleaners, and animal waste.
The report observes that DAs have prosecuted waste haulers who
were found to be illegally dumping grease that had been taken
out of legitimate restaurant grease traps and interceptors.
In a May 2009, the SWRCB reported that over the time period
between 2006 and 2009, 19% of all reported sanitary sewer
overflows (public entities) were caused by FOG. Also, over that
same time period, 14% of all private lateral sewage discharges
(private entities) were caused by FOG.
Current FOG transportation program : The CDFA currently
regulates the transportation of FOG. With his veto of AB 2633
(Frommer, 2004), the Governor acknowledged the environmental
damage that can be caused by the inappropriate handling,
transport and disposal of grease by saying "this product can
foul our land, rivers, and oceans." He then directed the CDFA,
in coordination with the Integrated Waste Management Board, to
review and upgrade its existing grease hauling system to improve
the tracking and enforcement of laws governing disposal and
transportation of restaurant grease.
Recent CDFA regulations on FOG : The CDFA recently released a
rule making package relating to the management of FOG, which is
currently undergoing public comment. CDFA's proposal for
improving the tracking and management of interceptor or trap
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grease requires, effective January 1, 2012, vehicles used to
transport the contents of any grease traps or grease
interceptors to have a Global Positioning System (GPS)
installed, turned on at all times the vehicle is in operation,
and fully functioning. The GPS device must record and save the
location of the hauler not less than every two minutes and
record the distance between stopping points. The regulation
requires the owner/operator of the vehicle to keep all records
generated by the GPS for at least one year and to make the
records available immediately to CDFA personnel upon request.
SWRCB Sanitary Sewer Overflow Reduction program : According to
the SWRCB, a sanitary sewer overflow (SSO) is any overflow,
spill, release, discharge or diversion of untreated or partially
treated wastewater from a sanitary sewer system. SSOs often
contain high levels of suspended solids, pathogenic organisms,
toxic pollutants, nutrients, oil, and grease. SSOs pollute
surface and ground waters, threaten public health, adversely
affect aquatic life, and impair the recreational use and
aesthetic enjoyment of surface waters. Typical consequences of
SSOs include the closure of beaches and other recreational
areas, inundated properties, and polluted rivers and streams.
To provide a consistent, statewide regulatory approach to
address SSOs, the SWRCB adopted Statewide General Waste
Discharge Requirements for Sanitary Sewer Systems, Water Quality
Order No. 2006-0003 (Sanitary Sewer Order) on May 2, 2006. 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 SSOs to the State Water
Board's online SSO database.
Under SB 1107, CDFA would retain its program over yellow grease
and the SWRCB would oversee the tracking and monitoring of
interceptor and trap grease.
Support and opposition : Supporters argue that the situation
with sewer spills due to FOG contamination and the resultant
environmental contamination and public health threat is not
improving. They contend that CDFA's regulatory authority is
focused on "inedible kitchen grease," or yellow grease, and
currently lacks a process for tracking the final disposal of
brown grease. They argue that since the SWRCB oversees the
Sanitary Sewer Overflow program and wastewater facilities, it is
the appropriate agency to track the disposal of brown grease.
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Under SB 1107, CDFA will continue to regulate yellow and brown
grease, but the SWRCB would be given narrow authority to
establish a manifest system for brown grease. Supporters
contend that this will close the loop and ensure that the
appropriate agency has oversight over brown grease.
Opponents argue that CDFA currently administers a comprehensive
program regulating kitchen grease transporters, including those
who handle interceptor trap grease. They contend that the
problem of illegal dumping of interceptor grease into the sewer
system is a violation of current law and that if illegal dumping
of interceptor grease is widespread; SWRCB would be able to cite
those violators. They contend that moving one element of the
current grease hauler regulatory program to the SWRCB would
create challenges, including a duplication of efforts, the need
to train additional state employees, an increase in regulatory
compliance costs, and potential reduction in the effectiveness
of the existing program.
Related legislation :
1)AB 2633 (Frommer, 2004) would have created 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.
2)AB 1333 (Frommer) Chapter 186, Statutes of 2006, made it a
misdemeanor to improperly dispose or incompletely remove
grease from traps or interceptors.
3)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.
4)SB 1138 (Cedillo, 2010) would create a Rendering Industry
Advisory Board. This bill is set for hearing by the Assembly
Agriculture Committee on June 16, 2010.
Double referral to the Assembly Committee on Agriculture :
Should this measure be approved by this Committee, the do-pass
motion must include the action to re-refer the bill to the
Assembly Committee on Agriculture.
SB 1107
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REGISTERED SUPPORT / OPPOSITION :
Support:
San Diego Coastkeeper (sponsor)
Association of California Water Agencies (ACWA)
California Association of Environmental Health Administrators
California Coastkeeper Alliance
Clean Water Action
Coastal Environmental Rights Foundation
East Bay Municipal Utility District
Heal the Bay
Liquid Environmental Solutions
Orange County Coastkeeper
Russian Riverkeeper
San Diego Audubon Society
San Francisco Baykeeper
Sierra Club California
Opposition:
California Grain and Feed Association
City of Camarillo
Pacific Coast Rendering Association
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965