(1) The general assembly hereby finds, determines, and declares that the safe and proper collection, transportation, and disposal of trap grease is a matter of statewide concern and that state oversight of persons and vehicles engaged in such actions is necessary to protect the public health and environment. The general assembly further declares that the state's sharing of data generated under this section with local entities that regulate waste disposal will enhance protection of the public health and environment, and, to that end, the department is encouraged to share such information with such other regulating entities.

(2) As used in this section, unless the context otherwise requires:

(a) "Collect" means to gather; except that "collect" does not include moving grease from one area or container to another area or container on the same premises.

(b) "Commission" means the solid and hazardous waste commission created in section 25-15-302, C.R.S.

(c) "Facility" means any real property location used for the collection, transportation, storage, processing, or disposal of grease, including, without limitation, a processing plant, transfer station, or trans-shipment location. "Facility" does not include a domestic wastewater treatment works as defined in section 25-8-103, C.R.S., that processes waste grease as part of its operations that are regulated by the department pursuant to article 8 of title 25, C.R.S.

(d) "Grease" means trap grease in a quantity in excess of an amount determined by the commission by rule.

(e) "Manifest" means the document used for identifying the quantity, composition, origin, routing, and destination of grease during its transportation from the point of generation to the point of storage, treatment, or disposal.

(f) "Registrant" means a person registered under subsection (3) of this section.

(g) "Store" means to possess, impound, contain, or control grease; except that "store" does not apply to the temporary retention of grease on the premises where the grease was initially generated.

(h) "Transport" means to use a vehicle to haul, ship, carry, convey, or transfer grease from one place to another. "Transport" does not include moving grease generated on site into another on-site container, whether indoors or outdoors.

(i) "Trap grease" means the residual yellow grease, waste water, debris principally derived from food preparation or processing, or other waste, that is intercepted by and contained in grease traps or grease interceptors.

(j) "Yellow grease" means used cooking oil, spent shortenings, or any other inedible kitchen grease or waste vegetable oil produced by restaurant and food facilities.

(3) (a) Registration. (I) Except as otherwise provided in this section, on and after the date specified by rule of the commission pursuant to subparagraph (III) of paragraph (a) of subsection (9) of this section:

(A) No person shall collect, transport, store, process, or dispose of grease unless the person is validly registered with the department in accordance with this section and rules adopted by the commission under this section;

(B) No facility, including a transfer station, shall accept grease for processing, handling, or storage unless the facility is validly registered with the department in accordance with this section and rules adopted by the commission under this section and prominently displays a decal issued pursuant to paragraph (b) of this subsection (3); and

(C) No vehicle shall be used to transportgrease unless the vehicle is validly registered with the department in accordance with this section and rules adopted by the commission under this section and displays a decal issued under paragraph (b) of this subsection (3).

(II) A person registering a person, vehicle, or facility under this subsection (3) shall:

(A) Submit to the department a registration application containing all the information required by the commission, in the form and manner specified by the commission;

(B) Pay an annual registration fee, in a reasonable amount to cover the direct and indirect costs incurred by the department in administering this section, as determined by rule of the commission in accordance with paragraph (a.5) of subsection (9) of this section; and

(C) Post, at the time of registration, a surety bond or other debt instrument or method of financial assurance, as determined by rule of the commission, with the department in an amount determined by the department to be reasonably sufficient to remediate any environmental or health harm caused by noncompliant disposal, dumping, or other release of grease.

(III) Each person, facility, and vehicle engaged in the collection, transportation, processing, storage, or disposal of grease shall be separately registered; except that, if a person so engaged employs another person to collect, transport, process, store, or dispose of grease, the individual so employed is not required to be separately registered.

(IV) Upon receiving the application, fee, and bond or other instrument of financial assurance required under subparagraph (II) of this paragraph (a), the department shall register the person, facility, or vehicle. At that time, the department shall provide to the registrant any necessary decals as described under paragraph (b) of this subsection (3).

(b) Decals.

(I) Upon registration of a facility or vehicle under paragraph (a) of this subsection (3), the department shall issue to the registrant decals necessary to comply with this subsection (3), which the registrant shall promptly affix to the registered facility or vehicle.

(II) Decals shall be valid for a period determined by the commission by rule, not to exceed five years. A decal issued pursuant to this section shall contain the information required by rule promulgated by the commission, including at least an expiration date and the decal number.

(c) Uniform manifests. (I) No registrant shall accept grease for transportation unless the registrant has completely filled out a uniform manifest on a form established or approved by the department and containing the information specified by rule promulgated by the commission, including at least the following:

(A) The manifest number;

(B) The decal number of the registered vehicle used to transport the grease;

(C) The registrant's signature under penalty of perjury, name, address, telephone number, and registration number;

(D) The current date; the facility registration number, name, address, and telephone number of the source of the grease; and the facility registration number, name, address, and telephone number of the facility to which the grease will be transported; and

(E) The amount of grease in the load.

(II) The registrant transporting the grease shall retain one copy of the manifest and shall provide one copy of the manifest to the source of the grease and the registered facility to which the grease is transported.

(III) The registrant transporting the grease and the registered facility to which the grease is transported shall each keep a copy of the manifest for at least three years after the date stated on the manifest.

(IV) The uniform manifest required under this section shall be available from the department's website in such a manner that enables a person to either print a hard copy of the manifest or complete, store, and submit the manifest electronically. A uniform manifest shall be maintained using the same medium in which it was filled out and in accordance with this section and rules promulgated by the commission.

(4) A registrant shall keep and maintain, for at least two calendar years, certain records as prescribed by the commission, including manifests pursuant to paragraph (c) of subsection (3) of this section. The records shall be made available to the department for inspection upon request.

(5) A registrant shall submit, on or before a date specified by rule of the commission, an annual report to the department regarding the registrant's collection, transportation, storage, processing, or disposal of grease. The information required in the report shall be specified by rule of the commission. The department shall keep confidential volumetric and proprietary information contained in the report.

(6) A person arranging for the transportation or disposal of grease shall not contract with, engage, employ, or otherwise use a person other than a registrant for such purposes.

(7) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), a person collecting or transporting grease for personal use shall comply with this subsection (7).

(II) A person collecting, transporting, using, or storing grease for conversion to, and use by the person as, biofuel is exempt from paragraphs (b) and (c) of this subsection (7).

(b) As used in this subsection (7), "personal use" means that the person collecting or transporting the grease intends to use the grease, and that such grease is limited to:

(I) The transportation of at least a minimum quantity of grease, as determined by rule of the commission, and no more than fifty-five gallons of grease at a time; and

(II) The possession of at least a minimum quantity of grease, as determined by rule of the commission, and no more than one hundred sixty-five gallons of grease at a time, which amount includes the quantity of grease being transported under subparagraph (I) of this paragraph (b).

(c) On and after the date specified in subparagraph (III) of paragraph (a) of subsection (9) of this section, a person collecting or transporting grease for personal use shall register annually with the department as a personal user. The registration shall include identification of any vehicles or physical locations involved in the personal use. A person registering under this section shall pay a fee, in an amount sufficient to recover the direct and indirect costs of administering this section as determined by the commission in accordance with paragraph (a.5) of subsection (9) of this section, at the time of registration.

(d) A person collecting or transporting grease under this subsection (7) shall not:

(I) Barter, trade, or sell any portion of the grease to any person; or

(II) Take any grease from any container owned by a registrant without the registrant's written permission.

(8) All fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the solid waste management fund created in section 30-20-118.

(9) (a) By December 31, 2011, the commission shall promulgate reasonable rules to implement and administer this section, including rules specifying:

(I) Appropriate methods to collect, transport, store, process, and dispose of grease;

(II) The minimum amount of grease, the collection or transportation of which requires a person to register as a personal user under subsection (7) of this section; and

(III) The date by which persons engaged in collecting, transporting, or disposing of grease must be registered under subsection (3) or (7) of this section, which date shall be ninety days after the date that the rules are adopted.

(a.5) The fee amounts established by the commission under this section shall not exceed:

(I) One thousand one hundred forty dollars per nonvehicle registrant;

(II) Five hundred seventy dollars per vehicle; and

(III) Ninety-six dollars per person registering as a personal user under subsection (7) of this section.

(b) The commission may promulgate rules periodically as it deems necessary or convenient for the administration of this section.

(10) Nothing in this section shall be construed to require registration by any person who is neither engaged in the business of, nor otherwise knowingly, collecting, transporting, or disposing of grease. However, if a solid waste hauler discovers grease that the hauler reasonably believes is in a quantity regulated by the department, the hauler shall immediately notify the department. The department shall then determine whether the hauler is required to register under this section in order to collect, transport, or dispose of the grease.

(11) The department may make the data it collects under this section available to regulating entities.

(12) (a) A person may store on the person's property grease that the person intends to use.

(b) Notwithstanding any provision of law to the contrary, the department has exclusive authority to regulate the storage of grease.

(13) The department is not authorized to regulate any yellow grease that is not intercepted by and contained in grease traps or grease interceptors.