374.5
. (a) It is unlawful for any grease waste hauler to do either
of the following:
(1) Reinsert, deposit, dump, place, release, or discharge into a
grease trap, grease interceptor, manhole, cleanout, or other sanitary
sewer appurtenance any materials that the hauler has removed from
the grease trap or grease interceptor, or to cause those materials to
be so handled.
(2) Cause or permit to be discharged in or on any waters of the
state, or discharged in or deposited where it is, or probably will
be, discharged in or on any waters of the state, any materials that
the hauler has removed from the grease trap or grease interceptor, or
to cause those materials to be so handled.
(b) The prohibition in subdivision (a), as it pertains to
reinsertion of material removed from a grease trap or grease
interceptor, shall not apply to a grease waste hauler if all of the
following conditions are met:
(1) The local sewer authority having jurisdiction over the pumping
and disposal of the material specifically allows a registered grease
waste hauler to obtain written approval for the reinsertion of
decanted liquid.
(2) The local sewer authority has determined that, if reinsertion
is allowed, it is feasible to enforce local discharge limits for
fats, oil, and grease, if any, and other local requirements for best
management or operating practices, if any.
(3) The grease waste hauler is registered pursuant to Section
19310 of the Food and Agricultural Code.
(4) The registered grease waste hauler demonstrates to the
satisfaction of the local sewer authority all of the following:
(A) It will use equipment that will adequately separate the water
from the grease waste and solids in the material so as to comply with
applicable regulations.
(B) Its employees are adequately trained in the use of that
equipment.
(5) The registered grease waste hauler demonstrates both of the
following:
(A) It has informed the managerial personnel of the owner or
operator of the grease trap or interceptor, in writing, that the
grease waste hauler may reinsert the decanted materials, unless the
owner or operator objects to the reinsertion.
(B) The owner or operator has not objected to the reinsertion of
the decanted materials. If the owner or operator of the grease trap
or interceptor objects to the reinsertion, no decanted material may
be inserted in that grease trap or interceptor.
(c) A grease waste hauler shall not transport grease removed from
a grease trap or grease interceptor in the same vehicle used for
transporting other waste, including, but not limited to, yellow
grease, cooking grease, recyclable cooking oil, septic waste, or
fluids collected at car washes.
(d) For purposes of this section, a "grease waste hauler" is a
transporter of inedible kitchen grease subject to registration
requirements pursuant to Section 19310 of the Food and Agricultural
Code.
(e) Any person who violates this section shall be guilty of a
misdemeanor punishable by imprisonment in a county jail for not more
than six months or a fine of not more than ten thousand dollars
($10,000), or both a fine and imprisonment.
A second and subsequent conviction, shall be punishable by
imprisonment in a county jail for not more than one year, or a fine
of not more than twenty-five thousand dollars ($25,000), or both a
fine and imprisonment.
(f) Notwithstanding Section 1463, the fines paid pursuant to this
section shall be apportioned as follows:
(1) Fifty percent shall be deposited in the Environmental
Enforcement and Training Account established pursuant to Section
14303, and used for purposes of Title 13 (commencing with Section
14300) of Part 4.
(2) Twenty-five percent shall be distributed pursuant to Section
1463.001.
(3) Twenty-five percent to the local health officer or other local
public officer or agency that investigated the matter which led to
bringing the action.
(g) If the court finds that the violator has engaged in a practice
or pattern of violation, consisting of two or more convictions, the
court may bar the violating individual or business from engaging in
the business of grease waste hauling for a period not to exceed five
years.
(h) The court may require, in addition to any fine imposed upon
conviction, that as a condition of probation and in addition to any
other punishment or condition of probation, that a person convicted
under this section remove, or pay the cost of removing, to the extent
they are able, any materials which the convicted person dumped or
caused to be dumped in violation of this section.
(i) This section does not prohibit the direct receipt of trucked
grease by a publicly owned treatment works.