Bill Text: CA SB1107 | 2009-2010 | Regular Session | Amended
Bill Title: Water quality: interceptor and trap grease.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-30 - Set, first hearing. Hearing canceled at the request of author. [SB1107 Detail]
Download: California-2009-SB1107-Amended.html
BILL NUMBER: SB 1107 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 24, 2010
AMENDED IN SENATE APRIL 26, 2010
AMENDED IN SENATE APRIL 8, 2010
AMENDED IN SENATE MARCH 24, 2010
INTRODUCED BY Senator Kehoe
FEBRUARY 17, 2010
An act to amend Sections 19216 and 19315
19312 and 19314 of the Food and Agriculture
Agricultural Code, to amend Section 16050 of the Public
Resources Code, and to add Chapter 7.8 (commencing with Section
13590) to Division 7 of the Water Code, relating to grease.
LEGISLATIVE COUNSEL'S DIGEST
SB 1107, as amended, Kehoe. Water quality: interceptor and trap
grease.
Existing
(1) Existing law regulates the
transportation of inedible kitchen grease and requires the
transporters of inedible kitchen grease to be registered and to pay
specified fees. The State Water Resources Control Board is among the
principal state agencies with authority relating to water quality.
This bill would enact the Interceptor and Trap Grease
Transportation Act of 2010. The bill, on and after January 1, 2012,
would prohibit any person or entity from engaging in the
transportation of interceptor and trap grease, unless that person or
entity is registered with, and possesses a valid registration
certificate issued by, the state board.
This bill would require the state board, on or before January
1, 2012, to develop, adopt, and implement regulations, that include
specified requirements, for a manifest system to track the
transportation of interceptor and trap grease. The bill would
require the state board to impose a registration
fee sufficient to cover the costs of implementing the act. The bill
would require the state board to deposit all revenues from the
registration fee in the Interceptor and Trap
Grease Manifest Fund, which the bill would establish. The
bill would authorize the board to expend moneys in the fund to
implement the act, subject to appropriation for that purpose. The
bill would define "interceptor and trap grease" to mean grease that
is principally derived from food preparation, processing, or waste,
and that is removed from a grease trap or grease interceptor.
(2) Existing law authorizes the Department of Food and Agriculture
to suspend or revoke a registration certificate to transport
inedible kitchen grease in specified circumstances.
This bill would add a registrant's violation of this act, or any
regulations adopted to implement this act, to those specified
circumstances and would make a corresponding change.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19312 of the Food
and Agricultural Code is amended to read:
19312. (a) Registration shall be made with the department and
shall include all of the following:
(1) The applicant's name and address.
(2) A description of the operations to be performed by the
applicant.
(3) The vehicles to be used in the transportation.
(4) A registration fee of one hundred dollars ($100).
(5) A list of the names of the drivers employed by the transporter
who transport inedible kitchen grease subject to this article and
their drivers' license numbers.
(6) Any other information that may be required by the department.
(b) Any renderer who registers pursuant to this article is not
required to pay the fee prescribed in this section.
(c) The department may refuse to issue an original or renewal
registration certificate to any applicant for which the grounds
specified in subdivisions (a) to (e) (f)
, inclusive, of Section 19314 exist.
(d) (1) The applicant may appeal the decision of the department to
refuse to register the applicant.
(2) The department shall establish procedures for the appeals
process, to include a noticed hearing.
(3) The department may reverse a decision to refuse to register
the applicant, upon a finding of good cause to do so.
SEC. 2. Section 19314 of the Food and
Agricultural Code is amended to read:
19314. The department may suspend or revoke a registration
certificate, at any time, if it finds any of the following has
occurred:
(a) The registrant has sold or offered for sale to an unlicensed
person, any inedible kitchen grease.
(b) The registrant has stolen, misappropriated, contaminated, or
damaged inedible kitchen grease or containers thereof.
(c) The registrant has violated this article or any regulations
adopted to implement this article.
(d) The registrant has taken possession of inedible kitchen grease
from an unregistered transporter or has knowingly taken possession
of inedible kitchen grease that has been stolen.
(e) The registrant has been found to have engaged in, or aided and
abetted another person or entity in the commission of, any violation
of a statute, regulation, or order relating to the transportation or
disposal of inedible kitchen grease, including a violation of the
federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.),
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.
(f) The registrant has violated Chapter 7.8 (commencing with
Section 13590) of Division 7 of the Water Code or any regulations
adopted to implement that chapter.
(f)
(g) For purposes of this section, "registrant" includes
any business entity, trustee, officer, director, partner, person, or
other entity holding more than 5 percent equity, ownership, or debt
liability in the registered entity engaged in the transportation of
inedible kitchen grease.
(g)
(h) (1) The registrant may appeal the suspension or
revocation decision of the department.
(2) The department shall establish procedures for the appeals
process, to include a noticed hearing.
(3) The department may reverse a suspension or revocation upon a
finding of good cause to do so.
SECTION 1. Section 19216 of the Food and
Agricultural Code is amended to read:
19216. "Inedible kitchen grease" means any fat or used cooking
greases and oils obtained from any source. "Inedible kitchen grease"
does not include interceptor and trap grease as defined in Section
13950.5 of the Water Code.
SEC. 2. Section 19315 of the Food and
Agricultural Code is amended to read:
19315. (a) Except as provided in subdivision (b), in addition to
the registration fee required by Section 19312, the department may
charge a fee necessary to cover the costs of administering this
article. Any additional fee charged pursuant to this section shall
not exceed three hundred dollars ($300) per year per vehicle that is
operated to transport inedible kitchen grease, and shall not exceed
three thousand dollars ($3,000) per year per registered transporter.
(b) An individual registered pursuant to this article who
transports inedible kitchen grease for his or her own personal,
noncommercial use as an alternative fuel is exempt from 75 percent of
the fee charged pursuant to subdivision (a), and shall meet all of
the following requirements:
(1) The individual shall meet all other requirements of this
article.
(2) The individual shall not transport more than 55 gallons of
inedible kitchen grease per load for that purpose, and shall have no
more than 165 gallons of inedible kitchen grease in his or her
possession or control at any time.
(3) The individual shall not take any inedible kitchen grease from
a container owned by another registered transporter of inedible
kitchen grease or from an inedible kitchen grease provider under
contract with a registered transporter of inedible kitchen grease or
from a container owned by a renderer or collection center.
(4) The individual shall have a document in his or her possession
while transporting inedible kitchen grease signed by the responsible
party providing the inedible kitchen grease to the individual at the
source of the inedible kitchen grease that provides permission for
the inedible kitchen grease to be removed from that site.
(5) The individual shall specify where the inedible kitchen grease
is stored and processed as an alternative fuel, if that address is
different from the address included on the registration form for that
individual pursuant to Section 19312.
(6) The individual shall not sell, barter, or trade any inedible
kitchen grease.
(c) The secretary shall fix the annual fee established pursuant to
this section. The secretary shall also fix the date the fee is due
and the method of collecting the fee. If an additional fee is imposed
on licensed renderers pursuant to subdivision (a) of Section 19227
and an additional fee is imposed on registered transporters pursuant
to subdivision (a), only one additional fee may be imposed on a
person or firm that is both licensed as a renderer pursuant to
Article 6 (commencing with Section 19300) and registered as a
transporter of inedible kitchen grease pursuant to this article,
which fee shall be the higher of the two fees.
(d) If the fee established pursuant to this section is not paid
within one calendar month of the date it is due, a penalty shall be
imposed in the amount of 10 percent per annum on the amount of the
unpaid fee.
(e) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
which becomes effective on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 3. Section 16050 of the Public Resources Code is amended to
read:
16050. For purposes of this division, "grease waste hauler" means
a transporter of inedible kitchen grease subject to the registration
requirements in Section 19310 of the Food and Agricultural Code or a
transporter of interceptor and trap grease subject to Chapter 7.8
(commencing with Section 13590) of Division 7 of the Water Code.
SEC. 4. Chapter 7.8 (commencing with Section 13590) is added to
Division 7 of the Water Code, to read:
CHAPTER 7.8. INTERCEPTOR AND TRAP GREASE TRANSPORTATION
ACT OF 2010
13590. (a) This chapter shall be known, and may be cited, as the
Interceptor and Trap Grease Transportation Act of 2010.
(b)
13590. This chapter applies only to a manifest
system for interceptor and trap grease.
13590.1. The Legislature finds and declares all of the following:
(a) The improper management of grease from interceptors and traps
causes environmental, property, and public health damage. There is a
need to facilitate the development of grease control
measures, to develop statewide standards develop a
manifest system for the transportation of interceptor and trap
grease, and to integrate this program with existing state and local
efforts to keep grease out of sewer systems, storm drains, and waters
of the state.
(b) The state board has 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, food waste, and other pollutants.
Sanitary sewer overflows may cause a nuisance, or temporarily exceed
applicable water quality standards, when the sewage is discharged to
surface waters, including ocean waters of the state, pose a threat to
public health, adversely affect aquatic life, and impair the public
recreational use and aesthetic enjoyment of surface waters.
(c) The state board has adopted waste discharge requirements for
cities in a uniform effort to reduce sanitary sewer overflows. These
requirements mandate that cities adopt a program to reduce fats,
oils, and grease from entering the sewer system.
(d) The inappropriate transportation of interceptor and trap
grease has been detrimental to human health and the environment,
including posing a threat to the waters of the state. It is
imperative to ensure that transported interceptor and trap grease be
delivered to an appropriate facility for recycling, treatment, or
disposal, in order to avoid improper disposal to land, surface
waters, and sewers.
13590.2. As used in this chapter:
(a) "Interceptor and trap grease" means 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 as defined in
Section 19216 of the Food and Agricultural Code.
(b) "Interceptor and trap grease hauler" means a transporter of
interceptor and trap grease subject to this chapter.
(c) "Manifest system" means a system for documenting and tracking
the transportation of interceptor and trap grease from the point of
pick up to the final destination.
13590.3. In carrying out this chapter, the state board may
solicit and use any and all expertise available in other state
agencies, including, but not limited to, the State Board of
Equalization, and, where an existing state agency performs functions
of a similar nature to the state board's functions, the state board
may contract with, or cooperate with, that agency in carrying out
this chapter. If the state board contracts with the State Board of
Equalization to collect the fee imposed pursuant to Section 13590.5,
the State Board of Equalization may collect that fee pursuant to the
Fee Collection Procedures Law (Part 30 (commencing with Section
55001) of Division 2 of the Revenue and Taxation Code).
13590.4. (a) On or after January 1, 2012, a person or entity
shall not engage in the transportation of interceptor and trap grease
unless that person or entity is registered with, and possesses a
valid registration certificate issued by, the state board in
accordance with this chapter.
(b) Each registration shall expire on December 31 of each year.
(c) (1) The state board shall require, as a condition of
registration, that the applicant demonstrate the ability to respond
to damages resulting from the transportation of interceptor and trap
grease by providing proof of a policy of insurance or surety bond for
that purpose in an amount not less than two million dollars
($2,000,000), except that the required amount shall be one million
dollars ($1,000,000) if the applicant operates only one vehicle and
the vehicle has a gross vehicle weight rating of not more than 10,000
pounds.
(2) The damages to be covered include public liability, which
shall include, but not be limited to, liability for personal injury
and property damage.
(3) This subdivision shall not preempt a local ordinance or rule
that is more stringent than this subdivision.
13590.5. (a) Registration shall be made in a manner prescribed by
the state board and shall include all of the following:
(1) The applicant's name and address.
(2) A description of the operations to be performed by the
applicant.
(3) The vehicles to be used in the transportation.
(4) A list of the names of the drivers employed by the transporter
who transport interceptor and trap grease subject to this chapter
and their driver's license numbers.
(5) Any other information required by the state board.
(b) The state board shall impose a registration fee sufficient to
cover the costs of implementing and enforcing this chapter.
(c) The state board may refuse to issue an original or renewal
registration certificate to any applicant if any ground specified in
subdivision (a) of Section 13590.8 is applicable.
(d) (1) The applicant may appeal the decision of the state board
to refuse to register the applicant.
(2) The state board shall establish procedures for the appeals
process, to include notice and a hearing.
(3) The state board may reverse a decision to refuse to register
the applicant, upon a finding of good cause.
13590.6. A vehicle used in the transportation of interceptor and
trap grease shall conspicuously display the name of the owner of the
vehicle in letters not less than two inches high.
13590.7. A registered interceptor and trap grease hauler shall
transport interceptor and trap grease only to a facility that is
permitted or otherwise authorized, pursuant to statute or regulation,
to accept interceptor and trap grease. Facilities authorized to
accept interceptor and trap grease shall include publicly owned
treatment works.
13590.8. (a) The state board may deny, suspend, or revoke a
registration certificate, at any time, on any of the following
grounds:
(1) The registrant has deposited interceptor and trap grease at a
facility or location not approved by the state board.
(2) The registrant has reintroduced grease into a sanitary sewer
or storm drain without authority from the local control authority.
(3) The registrant has been found to have commingled interceptor
or trap grease with other forms of liquid waste not approved by this
chapter.
(4) The registrant has failed to adequately maintain and submit
tracking reports as required by Section 13590.9.
(5) The registrant has been found to have failed to fully pump all
grease, greasy liquid, water, and solids from the grease trap or
grease interceptor.
(6) The registrant has taken possession of interceptor and trap
grease from an unregistered hauler.
(7) The registrant has violated this chapter or any regulations
adopted to implement this chapter.
(8) The registrant has been found to have engaged in, or aided and
abetted another person or entity in the commission of, any violation
of a statute, regulation, or order relating to the transportation or
disposal of interceptor and trap grease, including a violation of
the federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et
seq.), Section 5650 of the Fish and Game Code, this division,
commercial vehicle weight limits, or commercial vehicle hours of
service.
(b) For purposes of this section, "registrant" includes any
business entity, trustee, officer, director, partner, person, or
other entity holding more than 5 percent equity, ownership, or debt
liability in the registered entity engaged in the transportation of
interceptor and trap grease.
(c) The registrant may appeal the suspension or revocation
decision of the state board.
(d) The state board shall establish procedures for the appeals
process to include a noticed hearing.
(e) The state board may reverse a suspension or revocation upon a
finding of good cause to do so.
13590.3. (a) On or before January 1, 2012, the state board shall
develop, adopt, and implement regulations for a manifest system to
track the transportation of interceptor and trap grease.
(b) The state board shall impose a fee on interceptor and trap
grease haulers sufficient to cover the costs of implementing this
chapter.
13590.4. In developing the regulations, pursuant
to Section 13590.3, the state board shall require, at a minimum, all
of the following:
13590.9. (a)
(a) Any person transporting interceptor and
trap grease shall compile an interceptor and trap grease tracking
document, as prescribed by the state board. The transporter shall
submit to the state board, on a quarterly basis, a legible copy of
each tracking document. The state board shall post the tracking
documents on its Internet Web site for access by the public.
(b) The tracking document shall include, at a minimum, all of the
following information:
(1) The name and address of each location from which the
transporter obtained the interceptor and trap grease.
(2) The quantity of interceptor and trap grease received from each
location.
(3) The date on which the interceptor and trap grease was obtained
from each location.
(4) The location and date of the final disposition of
the interceptor and trap grease.
(5) The amount deposited and the end use of the interceptor and
trap grease, if known.
(c) An interceptor and trap grease hauler shall have the
interceptor and trap grease tracking document in their possession
while transporting interceptor and trap grease. The tracking document
shall be shown upon demand to any representative of the state board,
any officer of the California Highway Patrol, any peace officer, as
defined in Section 830.1 or 830.2 of the Penal Code, or any local
public officer designated by the state board.
(d) Facilities authorized to accept interceptor and trap grease
shall include publicly owned treatment works.
13590.10. 13590.5. Every
transporter of interceptor and trap grease shall record and maintain
for three years documentation of compliance with this chapter.
13590.11. 13590.6. A registered
transporter of interceptor and trap grease shall, whenever any
contract for the transportation of interceptor and trap grease under
which that transporter provides transportation services is terminated
or expires, notify local officials overseeing any applicable program
for the control of fats, oils, and grease to prevent, reduce, and
mitigate sanitary sewer blockages and overflows in wastewater
collection systems, for the county in which the interceptor and trap
grease was collected, of the termination or expiration of the
contract and that the registered transporter is no longer
transporting interceptor and trap grease pursuant to that contract.
13590.7. On or after January 1, 2012, a person or entity shall
not engage in the transportation of interceptor and trap grease
unless that person or entity is in compliance with the provisions of
this chapter.
13590.8. This chapter shall not preempt a local ordinance or rule
that is more stringent than this chapter.
13590.12. 13590.9. The state board
shall deposit all revenues from the registration
fee collected under Section 13590.5
subdivision (b) of Section 13590.3 in the Interceptor and Trap
Grease Manifest Fund, which is hereby established in the
State Treasury. The state board may expend funds in the Interceptor
and Trap Grease Manifest Fund to implement this chapter,
including monitoring, education, and enforcement,
upon appropriation by the Legislature for those purposes
this purpose .
13590.13. The state board shall prepare, adopt, and implement any
regulations it determines to be necessary to implement this program.
13590.10. The state board may consult with the Department of Food
and Agriculture and any other state agencies, as appropriate, in
carrying out the provisions of this chapter.
