Section 1180.24 - Requirements to Document and Track the Collection, Transport, and Receipt of Inedible Kitchen Grease(a) Pursuant to section 19316.5 of the Food and Agricultural Code, the Department is establishing a system for documenting and tracking the transportation of inedible kitchen grease in order to ensure the proper disposal or recycling of that material.(b) Definitions: (1) "Authorized receiving facility" or "receiving facility" means a licensed renderer, a licensed collection center, a facility or operation authorized to receive and process inedible kitchen grease pursuant to the Integrated Waste Management Act (Public Resources Code 40000 et seq.), or a permitted wastewater treatment facility, such as a publicly owned treatment works, that accepts the direct receipt of transported inedible kitchen grease, or other facility approved by the Department to receive inedible kitchen grease.(2) "Generator" means any location where inedible kitchen grease is collected from a grease container, grease interceptor, or grease trap, including, but not limited to, a collection center or any food preparation, processing, or handling establishment or facility.(3) "Inedible kitchen grease" means any fat or used cooking greases and oils obtained from any source pursuant to Food and Agricultural Code section 19216. For purposes of this section, inedible kitchen grease collected from grease traps and grease interceptors, or "interceptor/trap grease", includes all fat, used cooking greases and oils, and all greasy liquid, water and solids contained in a grease trap or grease interceptor.(4) "Manifest" means a record, in writing, on a fill-in-the-blanks printed or electronic form that is legible and easy to read.(5) "Weighmaster" means a person holding licensure and is certified with the Department's Division of Measurement Standards in accordance with sections 12700- 12736 of the Business and Professions Code.(6) "Weighmaster certificate" means an official document issued by a weighmaster that verifies the net weight of a load of inedible kitchen grease.(7) "Working capacity" means the total volume of all grease, greasy liquid, water and solids contained in the grease trap or grease interceptor when it is in a static state (i.e., with no material flowing in or out of it).(c) Personal noncommercial transporters of inedible kitchen grease shall keep and maintain a record, in writing, for not less than two years for each collection of inedible kitchen grease. The record shall provide the following information: (1) Date and time of collection of inedible kitchen grease.(2) Name and address where the inedible kitchen grease was collected.(3) Amount (lbs. or gallons) of inedible kitchen grease collected.(4) Name of driver who transported the inedible kitchen grease.(5) Name and address where the inedible kitchen grease was delivered.(d) Commercial transporters of inedible kitchen grease shall keep and maintain a manifest for each collection and delivery of inedible kitchen grease. The manifest shall include the following: (1) The name of the transporter.(2) The name and address of the generator.(3) The date and time the inedible kitchen grease was collected.(4) The type of inedible kitchen grease collected at each generator, transported, and delivered to the receiving facility. Types of inedible kitchen grease are: (B) Interceptor/trap grease.(5) The amount, in pounds or gallons, of inedible kitchen grease collected at each generator. The amount of inedible kitchen grease shall be determined by use of a meter, a scale, container calibrations, other accurate measuring device that is approved by the Department, or mathematical calculation using the total empty capacity of the container or containers and the proportion of the container or containers filled with inedible kitchen grease. (A) If the mathematical calculation method is used, the total empty capacity of the container or containers that is used in the calculation shall be entered on the manifest. For grease traps and grease interceptors, this is the working capacity of the grease trap or grease interceptor.(B) If the mathematical calculation method is used, the observed proportion of fill of the container or containers that is used in the calculation shall be entered on the manifest.(C) For grease traps and grease interceptors, the amount of inedible kitchen grease collected must equal the working capacity of the grease trap or grease interceptor pursuant to Penal Code section 374.5 and Public Resources Code section 16051, unless the transporter meets all conditions for reinsertion of material removed from a grease trap or grease interceptor required by Penal Code subsection 374.5(b).(6) The printed name and signature of an on-site representative of the generator. (A) By signing the manifest, the representative of the generator verifies that the information contained in subsections (d)(1), (2), (3), (4), and (5) above is true and correct.(B) The generator and the transporter of inedible kitchen grease may enter into an agreement, prepared in advance, in writing, and signed and dated by both parties, whereby the generator authorizes the transporter to sign the generator's part of the manifest on its behalf.(C) Copies of the agreement described in subsection (d)(6)(B) above shall be maintained by the generator and the transporter as long as the agreement is in effect and shall be made available, upon demand, to representatives of the Department and law enforcement agencies.(D) If a written agreement, as described in subsection (d)(6)(B) above, is not in place and a transporter is unable to obtain the signature of an on-site representative of the generator, the transporter shall attach a statement, explaining why he was unable to obtain a signature, to the generator part of the manifest. A copy of this statement shall be provided to the generator along with the copy of the generator part of the manifest and a copy shall be attached to the generator part of the manifest maintained by the transporter.(7) The printed name of the driver collecting, transporting, and delivering the inedible kitchen grease and the driver's signature attesting to the accuracy of all information entered on the manifest.(8) The number on the Department issued decal affixed to the vehicle transporting the inedible kitchen grease.(9) The name of the authorized receiving facility where the inedible kitchen grease is received.(10) The address of the authorized receiving facility where the inedible kitchen grease is received(11) The date and time the inedible kitchen grease is received by the receiving facility.(12) The amount, in pounds or gallons, of inedible kitchen grease received by the receiving facility. (A) For interceptor/trap grease, the amount of inedible kitchen grease received shall be determined by use of a meter, a scale, a weighmaster certificate, container calibrations, other accurate measuring device that is approved by the Department, or mathematical calculation using the total empty capacity of the container or containers and the proportion of the container or containers filled with inedible kitchen grease.(i) If the mathematical calculation method is used, the total empty volume of the container or containers that is used in the calculation shall be entered on the manifest.(ii) If the mathematical calculation method is used, the observed proportion of fill of the container or containers that is used in the calculation shall be entered on the manifest.(B) For used cooking oil, the amount of inedible kitchen grease received shall be determined by use of a meter, a scale, a weighmaster certificate for the load of inedible kitchen grease issued by a Department-licensed weighmaster, container calibrations, or other accurate measuring device that is approved by the Department.(13) The printed name and signature of a responsible individual at the receiving facility. (A) By signing the manifest, the representative of the receiving facility verifies that the information contained in subsections (d)(1), (4), (8), (9), (10), (11) and (12) above is true and correct.(B) For receipt of interceptor/trap grease, the receiving facility and the transporter of inedible kitchen grease may enter into an agreement, prepared in advance, in writing, and signed and dated by both parties, whereby the receiving facility authorizes the transporter to sign the receiving facility's part of the manifest on its behalf.(C) Copies of the agreement described in subsections (d)(13)(B) above shall be maintained by the receiving facility and the transporter as long as the agreement is in effect and shall be made available, upon demand, to representatives of the Department and law enforcement agencies.(14) A consecutive numerical manifest number to assist transporters, inedible kitchen grease generators, and regulating authorities in tracking the volume of grease transported.(e) Transporters of inedible kitchen grease shall use a written manifest form of their own creation or they may use the MPES Form 79-124 (Est. 11/12) Manifest -- Inedible Kitchen Grease Transport Instructions and Receiving Facility Information, and MPES Form 79-125 (Est. 11/12) Manifest -- Inedible Kitchen Grease Transport Generator Information, that the Department shall provide upon request for the cost of production, handling, and postage.(f) If the manifest is completed and maintained in an electronic format, the manifest and required signatures shall conform to standards established by the California Uniform Electronic Transactions Act, California Civil Code, Title 2.5, Part 2, Division 3 (commencing with section 1633.1).(g) Manifests shall be divided into three parts and records shall be maintained as follows: (1) One part of the manifest shall contain all information required in subsections (d)(1), (2), (3), (4), (5), (6), (7), (9) and (14) above.(A) This part of the manifest shall be kept on the transporting vehicle from the time of inedible kitchen grease collection until receipt of the inedible kitchen grease at a receiving facility and shall be made available, upon demand, to representatives of the Department and law enforcement agencies.(B) A copy of this part of the manifest shall be given to the generator at the time of inedible kitchen grease collection or it shall be mailed or delivered to the generator no later than 45 calendar days after collection of the inedible kitchen grease.(2) One part of the manifest shall contain all information required in subsections (d)(1), (4), (7), (8), (9), (10), (11), (12), (13) and (14) above.(A) A copy of this part of the manifest shall be given to the authorized receiving facility at the time of inedible kitchen grease receipt or it shall be mailed or delivered to the authorized receiving facility no later than 15 business days after receipt of the inedible kitchen grease.(B) The receiving facility shall keep and maintain this part of all manifests for two years and shall make such copies available, upon demand, to representatives of the Department and law enforcement agencies.(3) The third part of the manifest shall have all the information required in subsections (d) above and the transporter shall keep and maintain this part of all manifests for two years and shall make such copies available, upon demand, to representatives of the Department and law enforcement agencies.Cal. Code Regs. Tit. 3, § 1180.24
1. Repealer and new section filed 3-7-2012; operative 4-6-2012 (Register 2012, No. 10).
2. Amendment of section heading, repealer and new section and amendment of NOTE filed 2-25-2013; operative 4-1-2013 (Register 2013, No. 9). Note: Authority cited: Sections 407 and 19380, Food and Agricultural Code. Reference: Sections 19303, 19313.1 and 19316.5, Food and Agricultural Code.
1. Repealer and new section filed 3-7-2012; operative 4-6-2012 (Register 2012, No. 10).
2. Amendment of section heading, repealer and new section and amendment of Note filed 2-25-2013; operative 4-1-2013 (Register 2013, No. 9).