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HomeMy WebLinkAboutCOM 0800.008 2010-2012 o° Ni�7 Phone: (808) 961-8263 BRITTANY SMART ��`I°`i ax: (808) 961-8912 Councilmember • `�%" ���.�,.. • bsmart @co.hawaii.hi.us Hawai`i County Council • District 6 • Upper Puna, Ka`u, South Kona ` .tE oF'H'�=' Hawaii County Council County of Hawai`i 25 Aupuni Street ;C) Hilo,Hawaii 96720 4 $ DATE: October 23, 2012 TO: Environmental Management Commissioners ti FROM: Councilmember Brittany Smart RE: Bill 286 D2, Relating to disposal of commercial UCO & FOG wastes Testimony in Support & Response to DEM Comment Aloha Commissioners: Please consider the following as my testimony in support of Bill 286 Draft 2, and to request a positive recommendation to the County Council for approval. In addition, I would like to respond to comments and concerns DEM has outlined in their communication dated September 18, 2012 to the Council, which I believe has been provided for EM Commission review. I am also providing copies of email communications between the Department and myself regarding this issue. First, I would like to thank the Department for their input earlier in the process of drafting this bill. Our original draft, prior to introduction for full Council discussion, was based off City and County of Honoluluiordinances. After receiving feedback from DEM and the Prosecuting Attorney's Office, we scrapped our original draft entirely and simplified the changes immensely, which resulted in the version you see before you today. When Bill 286 Draft 1 first came up on the Council's Environmental Management Committee agenda, the Department was supportive of the bill and it moved forward with a positive recommendation, with minor changes based on DEM suggestions. I had no indication that the Department changed their mind until the day before Bill 286 D2 was to be heard at full Council at first reading. This change of heart came after working on this issue for a number of months. To say I was disappointed is an extreme understatement. I strongly believe that the County, most specifically the Department of Environmental Management, who is responsible for managing our waste streams, should be leading the charge in appropriate waste stream management, especially when viable landfill alternatives are available locally. Historically, the Department has taken strong stances on problematic waste streams without viable options in place, most notably the banning of tires from the landfill. In the 149_,,, •g Ref.To: Llfld kt Ref. Date NOV 0 9 LU1C Serving the Interests of the People of Our Island Hawaii County is an Equal Opportunity Provider and Employer case of UCO & FOGs, the waste stream can be converted to valuable commodities in a variety of ways, most notably as a fuel source. The issue before you today is very simple. We have an industry in place to handle a waste stream and convert it in to a valuable commodity. Are we going to support that effort? Policies in the past have indicated we would, through the development of the ISWMP and the adoption of a Zero Waste plan. CONCERNS 1. Lack of State Dept. of Health Permitted Facilities and capacity on island to convert commercial UCO waste or commercial FOG waste, or both into biodiesel or renewable fuel, compost, or other marketable product. Recent information indicates that there is one facility pursuing a permit to convert both commercial UCO and FOG waste but this has not happened yet. In addition, there is one facility on this island that is permitted to receive only UCO from commercial sources and process it into biodiesel though their capacity is limited. a. DEM began looking at this issue a number of years ago. Through a grant from DBEDT, Chris Chin-Chance and I were tasked with conducting a Used Cooking Oil Study. The purpose of the study was to establish how much UCO was being generated on-island, to the best extent possible, to determine if biodiesel production was feasible. Additionally, adjacent to the lined composting facility the County constructed at the WHSL is a I acre graded and fenced lot intended to be used for UCO collection and biodiesel production. The County put out an RFP regarding composting and UCO collection, of which an award was made. Unfortunately, due to a number of reasons, the County has yet to move forward ( with this plan and the facility has remained built but unused. To a large extent, the basis of DEM's concern is self-made. b. DEM's assuming that "biodiesel, compost, or other marketable products"are the only means of using UCO. They obtained this language in the first drafts of the bill, which got scrapped primarily on the specific use of this language. There are a number of people with pig farms or backyard biodiesel do-it-yourselfers that pick up UCO directly from restaurants. Instead of prohibiting and possibly penalizing these efforts, which I believe would be sending the wrong message, we shifted our focus to banning the UCO from the landfill rather than dictating all of the places it was allowed to be taken. 2. Absence of competition due to a very limited number of facilities who are permitted to process commercial UCO and FOGs waste. This can be perceived as the County favoring a particular business. a. This is a non-issue. In fact, the same could be viewed as true if the County continues to support the current practice of allowing Waste Management to collect special handling fees. b. This is inaccurate. Businesses can obtain permits to pick up UCO & FOGs waste which can then be transported to recycling facilities. There are a variety of industries that can handle this waste stream, including, but not limited to, backyard biodiesel do-it-yourselfers, pig farmers, commercial biodiesel production, and use as boiler or bunker fuel. c. Please view attached email from Hana Steel, Maui County Recycling Coordinator on September 18 (please note: these comments are her personal professional opinion, and should not be viewed as directly representing the Maui County DEM or the administration). To quote, "Re: the questions of competition- I'm always happy when I have one facility to handle a problem material that we (government) have had to deal with-so if you want the private sector to take over the management of a problem material, if you expect two businesses to survive, you may be disappointed. There may not enough material for two businesses on an island. If there is, don't worry, competition will rise up later. So...my philosophy has been that if I want the private sector to take over the management of a problem material and a business is positioned to do so, get behind them and PUSH!" 3. Lack of a facility for the disposal of unwanted and non-recyclable commercial UCO waste and FOG waste prior to conversion once the County Landfill is not allowed to accept this material. Currently, the West Hawaii Sanitary Landfill (WHSL) is the only facility permitted to accept FOGs for disposal. a. UCO is currently recycled in-state and has been for quite some time. Most other diversion programs within the County have an end point in the mainland or even China. As pointed out earlier, the Big Island does have various ways UCO is being reused. In addition, the largest biodiesel production facility has already had its grand opening and plant production is scheduled to begin by the end of the year b. The Commission is free to make recommendations to the Council. If the Commission feels it is more prudent to have an implementation date be upon plant production, rather than upon approval, we would view that as valuable feedback and have no problem considering such a suggestion, or any other suggestion the commission may make. Per Big Island Biodiesel, plant production is scheduled to commence by the end of the year. 4. Haulers and generators of UCO waste and FOG waste may not have been informed of this legislation that prohibits commercial UCO and FOGs waste to the County Landfill. This could have an impact on their business practices if they need to consider disposal/recycling alternatives. a. Council agendas are public record, must comply with the Sunshine Law, and are noticed in the newspaper, as are the Commission meetings. This item was delayed at least once at Council due to technical difficulties, giving it more chances for input than is generally the case for bills and resolutions before the Council. Similarly, this Commission meeting is another opportunity not usually afforded to other bills and resolutions before the Council. b. Those in the industry should reasonably know that the County has been working on increasing recycling efforts with various waste streams through the previously mentioned ISWMP, Zero Waste Plan, and Landfill Diversion Programs. POTENTIAL PROBLEMS 1. To DEM's knowledge, there are no facilities on the West side of the island pursuing the status of a "permitted recycling facility." The limited location, capacity, and the availability of this service for users on both sides of the island could result in increased transportation costs for haulers. a.. Again, the language "permitted recycling facility"was taken from the original draft submitted to the Department for review and has since been struck. To reiterate, we are not dictating all of the appropriate places UCO can be disposed, but rather banning it from the one place we don't want it— the landfill. b. As previously mentioned, the County invested considerable taxpayer dollars to construct a facility at the WHSL, which has been sitting empty and unused. If this is a serious concern of DEM, it would seem prudent to put the use of the facility designated for biodiesel out to RFP. This may come at no cost to the County or may even generate some revenue if'proposals offer lease payments for the use of the site. This avenue would have the added benefit of not directing haulers to an entirely new location, but rather to a different section of the same facility. 2. Discontinuing the solidification operation for unwanted and non-recyclable commercial UCO waste and FOG waste at the (WHSL) may result in direct dumping of UCO and FOG waste ( into the County landfill and transfer stations. a. Ensure all federal, state, and county laws are enforced. Transfer Station Attendants, landfill operations staff, and Waste Management staff are responsible for doing just this. If this were truly a point of concern, direct dumping of UCO and FOGs waste in to the County landfill and transfer stations would be done now to avoid paying tipping or special handling fees. b. Unwanted or non-recyclable commercial UCO and FOGs waste is no longer a concern with the biodiesel facility in Shipman. 3. Pursuant to current County Code, the County Wastewater Treatment Plants do not accept FOG waste from haulers. The options for the haulers are to bring this waste to the solidification operation at the WHSL. Discontinuing the solidification operation may likely result in illegal dumping. a. Again, County staff or contractors need to do their job regarding enforcement of all laws. If this is such a concern, perhaps retraining or disciplinary action against those unable to perform their job duties is warranted. DEM RECOMMENDATIONS 1. The legislative branch should contact the affected haulers of UCO and FOG waste to see how this legislation will affect their activities and businesses and provide a report of findings. a. As mentioned above, all agendas are a matter of public record with numerous opportunities to participate in the process. If DEM feels further outreach is needed, I would encourage them to do so. b. The UCO study final report provides the findings DEM is requesting. The study should be available for public review. 2. Wait until additional permitted recycling facilities capable of processing both UCO and FOGs are established on both sides of the island before prohibiting UCO and FOG waste drop-off at the WHSL. a. Unnecessary; however, as stated above, should the Commission wish to recommend a delayed implementation upon biodiesel plant production startup, I would be more than happy to consider that. Big Island Biodiesel anticipates production by the end of the year. 3. Request input from the Environmental Management Commission. a. Done. 4. Consider separate legislation for UCO and FOGs as they are different commodities and • have different permit requirements when it comes to source, collection, and processing parameters. Based on current information, the volume of UCO entering the landfill is minimal and the volume of FOGs is much greater. a. Unnecessary. To reiterate, this legislation is only dealing with banning UCO and FOGs from the landfill. Any permits will be the responsibility of the business or receiving entity. Whether they are separate commodities or not is irrelevant as we are adding both to the "prohibited materials"section of the code. To the extent necessary, we are adding definitions clarifying what the terms mean. 5. Consider legislation to include other wastes that would have a greater impact on our island like paper, green waste, &food waste. a. Should the Commission concur with this recommendation, I would be more than happy to do this. My deadline for getting items on to the Council agenda is October 23, 2012. I wish DEM had indicated they were interested in such a measure much earlier than at this point in my term, but I will do the best I can with the limited amount of time left. b. While I fully support the concept, I would hope that a comprehensive composting program or other recycling program be instituted on-island prior to taking such action. At this point in time, the County has failed to implement a composting program despite repeated RFPs and the majority of paper waste is shipped off island to be handled at a MRF. Using the Hilo "Sort Station"as a MRF would be ideal in ensuring these materials are captured and handled appropriately. Putting the "Sort Station"out to RFP could, similar to the comment above regarding the WHSL UCO receiving bays, generate revenue for the County while being more responsible in appropriately managing our waste streams. NOTICE TO HAULERS 'o•;,'' � Phone: (808) 961-8263 BRITTANY SMART :' • :, � Fax: (808) 961-8912 Councilmember •t;�/ ;t; -•: � bsmart @co.hawaii.hi.us Hawai`i County Council ys�r_ District 6 ,.' • Upper Puna, Ka Ti, South Kona •j •of N►�� Hawaii County Council County of Hawai`i 25 Aupuni Street Hilo,Hawaii 96720 DATE: October 25, 2012 TO: All County of Hawaii Pumping Contractors Aloha, The Hawai`i County Council is considering prohibiting commercial used cooking oil(UCO)waste and commercial fats,oils, and grease(FOG)waste from entering the County landfill. There is a new facility that will open by the end of this year to take this waste residue(from all parts of the island)and turn it into bio-fuel and other useful products;however,this is in addition to the several alternatives already existing. Included is a copy of the upcoming Bill 286,Draft 2,relating to disposal of UCO waste and commercial FOGs. Please consider providing testimony on this matter at the County Council meeting November 9,2012. The Council is scheduled to meet at the Hilo County Council Chambers(25 Aupuni Street, Hilo,HI 96720) at 9:00AM. Oral public testimony can be given at the Hilo,Pahoa, West Hawai`i Civic Center, and the Waimea Council office. • Oral Public Testimony: Oral public testimony is heard at the beginning of the Council meeting for items on the agenda. Oral public testimony is limited to three (3)minutes per agenda item. • Written Public Testimony: The deadline for submission of written public testimony is 24 business hours prior to the scheduled meeting day. The Office of the County Clerk will accept receipt of your written public testimony by mail to the Office of the County Clerk at 25 Aupuni Street, Hilo, HI 96720, by facsimile to(808)961-8912 or by e-mail to counciltestimony(a,co.hawaii.hi.us. Please submit separate written public testimony for each agenda item. • Written Public Testimony Submitted Past Deadline: If you miss the deadline for written public testimony,the Office of the County Clerk will accept your written public testimony at the Council meeting. When submitting written public testimony at a Council meeting, please see a Council Services staff person stationed at the front entrance of the Council room and provide them with your written public testimony. The Office of the County Clerk advises that you bring fourteen(14)copies of the written public testimony to expedite distribution to the Council members during the meeting. Mahalo, BS:jk Att. Serving the Interests of the People of Our Island Hawaii County is an Equal Opportunity Provider and Employer NOTIFICATION LETTER SENT TO FOLLOWING PUMPERS 10/25/2012: AC Pumping Service KHL Grease Disposal Services Sewer Solutions Aloha Pumping Service Bob's Pumping Service B and B Pumping Service Kamaaina Pumping Kona Lua Inc. PSC Industrial Services Group Rooter-Man CORRESPONDENCE =1lll comments to Bill 286 (Draft 2): Beck, Dora <dbeck @co.hawaii.hi.us> Tue, Sep 18, 2012 at 8:43 AM To: Councilmember Brittany Smart <hccdistrict6 @gmail.com> Cc: "Henricks, Jon" <jenricks @co.hawaii.hi.us>, "Ho, Nelson" <nho @co.hawaii.hi.us>, "Henry, Sharron" <shenry@co.hawaii.hi.us>, "Takaba, Bill" <wtakaba @co.hawaii.hi.us>, "Goodale, Gregory" <ggoodale @co.hawaii.hi.us>, "Peters, Linda" <Ipeters @co.hawaii.hi.us>, "Torigoe, Ivan" <itorigoe @co.hawaii.hi.us> • Office of Councilmember Smart: DEM understands the merits of this legislation and has been working with your office on providing information. Recently, further discussion with the SWD/Recycling staff has resulted in some additional insights which leads to concerns about this legislation that we feel should be brought to your attention. Below is a testimony that DEM will be submitting this morning to Council which lays out DEM's position at this time and hopefully will provide a helpful understanding of the issues. Thank you. Information pertaining to available disposal and recycling options for commercial used cooking oil waste(UCO)and -ommercial fats,oil and grease waste(FOGs)was recently brought to the Department of Environmental Management's DEM)attention. This information has led to several items of concern which if not addressed will negatively impact the County's current Solid Waste management practices and commercial businesses that either generate or haul UCO and FOGs waste. DEM understands the intent of the proposed code amendment prohibiting dumping of commercial cooking oil waste and commercial FOGs at County Solid Waste facilities in order to promote recycling and reduce the materials entering the landfills. However,DEM believes that the items of concern should be addressed through further discussion and thought before final approval of this legislation. Items of concern to DEM: 1. Lack of State Department of Health Permitted Facilities and capacity on this island to convert commercial UCO waste or commercial FOG waste,or both into biodiesel or renewable fuel,compost or other marketable product. Recent information indicates that there is one facility currently pursuing a permit to convert both commercial UCO and FOG waste but this has not happened yet.In addition,there is one facility on this island that is permitted to receive only UCO from commercial sources and process it into biodiesel though their permitted capacity is limited. 2. Absence of competition due to a very limited number of facilities who are permitted to process commercial UCO and FOGs waste. This can be perceived as the County favoring a particular business. 3. Lack of a facility for the disposal of unwanted and non-recyclable commercial UCO waste and FOG waste prior to conversion once the County Landfill is not allowed to accept this material. Currently,the West Hawai'i Sanitary Landfill (WHSL)is the only facility permitted to accept FOGs for disposal. 4. Haulers and generators of UCO waste and FOG waste may not have been informed of this legislation that prohibits commercial UCO and FOGs waste to the County Landfill. This could have an impact on their business practices if they need to consider disposal/recycling alternatives. Potential Problems that may arise as a result of this legislation: 1. To DEM's knowledge,there are no facilities on the West side of the island pursuing the status of a "permitted recycling facility". The limited location,capacity and the availability of this service for users on both sides of the island could result in increased transportation costs for haulers. 2. Discontinuing the solidification operation for unwanted and non-recyclable commercial UCO waste and FOG waste at the(WHSL) may result in direct dumping of UCO and FOG waste into the County landfill and transfer stations. 3. Pursuant.to current County Code,the County Wastewater Treatment Plants do not accept FOG waste from haulers. The options for the haulers are to bring this waste to the solidification operation at the WHSL. Discontinuing the solidification operation may likely result in illegal dumping. • DEM Recommendation prior to finalizing this legislation: 1. The legislative branch should contact the affected haulers of UCO and FOG waste to see how this legislation will affect their activities and business and provide a report of findings. 2. Wait until additional permitted recycling facilities capable of processing both UCO and FOGs are established on both sides of the island before prohibiting UCO and FOG waste drop-off at the WHSL. 3. Request input from the Environmental Management Commission. 4. Consider separate legislation for UCO and FOGs as they are different commodities and have different permit requirements when it comes to source, collection and processing parameters. Based on current information, the volume of UCO entering the landfill is minimal and the volume of FOGs is much greater. 5. Consider legislation to include other wastes that would have a greater impact on our island like paper, green waste & food waste. G G mdi rat.:-scilrIIe mbe r Brittany Smart<t ccdistrict @ gn a Lc m> DEM comments to Bill 286 (Draft 2): Dora Beck <dbeck @co.hawaii.hi.us> Tue, Sep 18, 2012 at 9:06 PM To: Councilmember Brittany Smart <hccdistrict6 @gmail.com> Cc: "Henry, Sharron" <shenry@co.hawaii.hi.us> Additional DEM comments if it helps: As the HCC Chapter 20, Section 20-31 indicates as far as "prohibited materials", materials are prohibited from the landfill unless it is mixed with a bulking agent so that it solidifies so that it is no longer in liquid form. Exception to this is hazardous wastes as defined in 40 CFR, Parts 257, 258 and 261. The WHSL is permitted to accept FOGs for disposal and as mentioned previously, Waste Management Inc. whose Contract with the County includes disposal of FOG's, receives FOGs and solidifies it prior to disposal in the landfill. FOG's is less than 0.5% of this island's solid waste. The highest volume of materials that could be recycled but are entering the landfill are paper, greenwaste and foodwaste. These materials are not banned from the landfill and businesses that generate these materials are not required to recycle . although many choose to do so. Commercial haulers are not prevented from dumping paper, greenwaste or foodwaste into the landfills even when viable recycling opportunities exist. While Maui's model works for them, we cannot compare this island to Maui as the demographics and physiographics of this island is unique. It is always good to have the private sector help with manage a problem material (which is not the true problem as pointed out earlier), but the existing permitted facility only handles a limited quantity of UCO. And the other facility, when permitted, supposedly will handle UCO and FOG. However, it is located in East Hawaii which will require haulers to travel from west to east which results in transportation and convenience issues for generators and haulers on top of"perceived benefits" to selected recycling businesses. We just want to make sure haulers and commercial businesses such as restaurants and resorts are aware of this proposed legislation and are given an opportunity provide input on how this will affect their businesses. ----Original Message---- From: Hana Steel [mailto:Hana.Steel @co.maui.hi.us] Sent: Tuesday, September 18, 2012 12:08 PM . To: HCC District 6 Cc: Beck, Dora Subject: Re: Fwd: DEM comments to Bill 286 (Draft 2): Aloha! Commercial liquids that do not pass the paint filter test are not allowed in EPA Permitted Subtitle "D" Landfills as of October 9, 1993, when RCRA was promulgated. FOG does not pass the paint filter test, so tell me, please, why is FOG allowed to be land filled? Re: the questions of competition- I'm always happy when I have one facility to handle a problem material that we (government) have had to deal with- so if you want the private sector to take over the management of a problem material, if you expect two businesses to survive, you may be disappointed. There may not enough material for two businesses on an island. If there is, don't worry, competition will rise up later. SO...my philosophy has been that if I want the private sector to take over the management of a problem material and a business is positioned to do so, get behind them and PUSH! Call with questions, and best of luck to all- Hana Hana Steel, Ph.D., Recycling Coordinator Solid Waste Division Department of Environmental Management County of Maui 200 South High Street Wailuku, Hawaii 96793 hana.steel @co.maui.hi.us ph: 808-270-7847 fax: 808-270-7843 County of Maui. IT Security measures will reject attachments larger than 11 MB, and will block or quarantine high-risk file types in attachments. (' C o u ncilor b eE Brittany Smart<hcc i>ttF c 6 ) jVma y.com > Follow-up to your question on the Grease Trap Legislation Beck, Dora <dbeck @co.hawaii.hi.us> Tue, Sep 18, 2012 at 8:16 AM To: Councilmember Brittany Smart <hccdistrict6 @gmail.com> Cc: "Henricks, Jon" <jenrccks @co.hawaii.hi.us>, "Ho, Nelson" <nho @co.hawaii.hi.us>, "Henry, Sharron" <shenry@co.hawaii.hi.us>, "Goodale, Gregory" <ggoodale @co.hawaii.hi.us>, "Peters, Linda" <Ipeters @co.hawaii.hi.us> Office of Councilmember Smart: This is a follow-up to two items listed at the bottom of the August 13, 2012 email correspondence below: 1. We are not finding any Special Waste Agreements. However, DEM will be notifying WMI of the upcoming amendments to HCC, Chapter 20 specific to Section 20-40(c)which will affect their currently ongoing operations to receive FOGs, solidify and dispose at the WHSL. 2. Last 3 years of UCO recycled and landfilled: Fiscal Year UCO Recycled (tons) UCO & FOGs Landfilled at WHSL**(tons) 11-12 184 14 10-11 220 46 09-10 215*** 66 Notes: * = Data from quarterly reports submitted by Pacific Biodiesel for reimbursement from the County's Diversion Incentive Program. ** = Data on UCO & FOGs quantities reported by WMI, Inc. who receies and solidifies this material after drop-off by the public. *** = Approx. 4 tons were collected from East Hawai'i by Pacific Biodiesel. From: Beck, Dora Sent: Monday, August 13, 2012 6:23 PM To: 'Councilmember Brittany Smart' Cc: Henricks, Jon; Ho, Nelson; Henry, Sharron Subject: Follow-up to your question on the Grease Trap Legislation Councilwoman Smart: During our phone conversation last week, you had asked whether the County's vendor who manages the West Hawai'i landfill operations (Waste Management, Inc. or WMI) is also contracted to dispose of FOGs. This was after I mentioned that the second version of your ordinance could impact WMI. WMI is not required to accept "Special Wastes" unless they make a "written Special Waste Agreement." WMI has been accepting special wastes (which so far have included FOGs of which used cooking oil is a part) but we have not yet found any "Special Waste Agreements." The Agreement between the County and WMI recognizes that Special Wastes in the solid waste stream must be managed responsibly so this practice is allowed under this Agreement. WMI charges a customer on the basis of$85 per truckload (this revenue goes to the County)followed by an applied handling charge of$1.50 per gallon (this revenue goes to WMI). This handling charge covers the solidification process as the landfill is not permitted to accept free liquids. The invoicing for the handling charge is a transaction that is between WMI and the customer. We are trying to see if WMI has any "Special Waste Agreements"which might obligate them to keep taking UCOs. Another thing to consider is the fact that not all UCO or FOGs are recyclable due to contamination making it unusable for biodiesel or composting. For example, Crisco and grease trappings are not fully recyclable so there may need to be an exception for these categories. Because the County is not directly involved with recycling of UCO/FOGs, I do not have information on what technique (if there is one) is used to determine whether UCO or FOGs are contaminated. I do know that the DOH permit requires screening for unacceptable materials and source tracking. At this point, I am still in the midst of gathering the following information: 1. Copy of Special Waste Agreement(s) identifying the type of special waste WMI expects to accept. It these exist, then they may need modification when the ordinance takes effect. 2. Last 3 years of UCO recycled and landfilled r : tot aii°idr e,<b . ` Brittany Sr' art .<hr-xdi trict6t€x gmadl,co pp Grease Trap Legislation Beck, Dora <dbeck @co.hawaii.hi.us> Wed, Aug 8, 2012 at 4:29 PM To: "Ho, Nelson" <nho @co.hawaii.hi.us> Cc: Councilmember Brittany Smart <hccdistrict6 @gmail.com>, "Peters, Linda" <Ipeters @co.hawaii.hi.us>, "Henry, Sharron" <shenry@co.hawaii.hi.us>, "Henricks, Jon" <jhenricks @co.hawaii.hi.us>, "Goodale, Gregory" <ggoodale @co.hawaii.hi.us>, "Torigoe, Ivan" <itorigoe @co.hawaii.hi.us> Office of Councilmember Smart: Please see attached for DEM comments & recommendations. Thank you. From: Ho, Nelson Sent: Tuesday, July 24, 2012 10:56 AM To: Beck, Dora; Goodale, Gregory; Torigoe, Ivan; Hirota, Lyle Cc: 'Councilmember Brittany Smart'; Peters, Linda; Henry, Sharron; Henricks, Jon Subject: RE: Grease Trap Legislation Aloha Dora and All, Thank you for your very substantial comments.We met with Mitch Roth yesterday and he had similar concerns. Upon reviewing all comments we have decided to take a different approach, one that will articulate better our desire to utilize commercial quantities of FOG as a resource while NOT limiting the small operators. What the bill does: Amend current definition for prohibited materials by removing language related to cooking fats, oils, greases etc. Add definitions for commercial cooking oil waste and commercial FOG waste. Amend section 20-40 to provide a clear and distinct provision that prohibits the dumping of any commercial cooking oil waste and commercial FOG waste, regardless of the quantify or form of the commercial cooking oil or FOG waste. Please note comments inserted for the added definitions. As currently drafted, both would appear to allow for disposal of"residue"that may be derived from commercial cooking oil and FOG waste. This wording is from the Honolulu ordinance. Depending on what that residue is, both in content and potential quantity, the definitions may need to be amended to remove or modify the second sentences relating to residue. These definitions were created with disposal into a public sewer in mind. Does DEM have any concerns about this language? We apologize for the short turn around time but we would appreciate any comments by tomorrow. We have a deadline on Thursday to get this on the Aug. 14 committee agenda. In preparation for that meeting, we respectfully request a DEM log of the last three years of used cooking oil recycled and landfilled. This does not have to be rushed. Mahelo, Nelson Nelson Ho Legislative Assistant Council Member Brittany Smart District 6- Upper Puna, Ka'u, South Kona County of Hawaii 25 Aupuni St. Hilo, HI 96720 (808)961-8026 nho @co.hawaii.hi.us • • Please consider the,environrnent before printing this email. From: Beck, Dora Sent: Monday,July 23, 2012 3:36 PM To: Ho, Nelson Cc: 'Councilmember Brittany Smart'; Henry, Sharron; Knippling, Jenny; Hirota, Lyle; Torigoe, Ivan; Goodale, Gregory; Peters, Linda Subject: RE: Grease Trap Legislation Office of Councilmember Smart: Thank you for the opportunity to comment on this proposed ordinance. DEM comments to the draft ordinance are on the attached. Additional DEM responses for your consideration regarding the proposed legislation are as follows: .OJ,tY OR. COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 20 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION,AS AMENDED),RELATING TO DISPOSAL OF COMMERCIAL COOKING OIL WASTE AND COMMERCIAL FATS,OILS,AND GREASES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 20,article 3,section 20-31 of the Hawai`i County Code 1983 (2005 Edition,as amended),is amended by amending the definition for"prohibited materials"to read as follows: ""Prohibited materials"include, but are not limited to,paint thinner or solvents;oil base paint waste aljiaptiWiwc 411, antifreeze or lead acid batteries; pesticides, herbicides or rodent and insect control chemicals; household cleaner, polish or wax; contaminated soil medical waste;propane,oxygen or acetylene tanks diesel,gasoline or alcohol [and-,] as v r ma �' s� - -'- ®. s wa'�te§' z °. ,g .: ¢.° . v ' ' x � ' G.: u5. ¢ ', mu SECTION 2. Chapter 20, article 3, section 20-31 of the Hawaii County Code 1983 r ire (2005 Edition,as amended), is amended by adding the following definitions to be appropriately " T �� , designated and to read as follows: a¢ tic AatrattflitLxtaratarattiW..'e- ""Commercial cooking oil waste"means cooking oil which,because of prior use, potency loss,or contamination, is no longer usable or salable by a business engaged in cooking food or selling cooking oil.The term does not mean the residue remaining after the conversion of commercial cooking oil waste into a marketable product. "Commercial FOG waste" means animal/vegetable fat,oil and grease and other waste that is retained in or removed from a commercial pretreatment device. The term does not mean the residue remaining after the conversion,'of comrneicialS9G cvasteinto o`,iim�n1Cs37,� s �a�(,epa S ,'] a marketable product of grease and other waste removed from a commercial pretreatment device." SECTION 3. Chapter 20,article 3,section 20-40 of the Hawai`i County Code 1983 (2005 Edition,as amended),is amended to read as follows: "Section 20-40.Explosives,radioactive wastes and other prohibited materials. (a) No person shall dump, place, or remove to any County disposal facility, including transfer stations, any prohibited materials Plta :r§t0. a t�iol '•:®'s by the State 7C k 7, 7)4 department of health rules, regulations and standards, including any radioactive or } teat u4 chemical waste, any pesticides, explosives, blasting materials, fuses, live 6140.406.141, ammunition,or other substances that may explode upon contact with heat or fire. (b) Prohibited wastes which have been rendered nonhazardous by chemical neutralization or stabilization in accordance with applicable rules, regulations and standards of the State department of health may be delivered directly to a landfill for disposal. G a { '1g t1 are alto l *siy:ff bs' flr `a®r® 'W �e Pa9 i 9 a8m.� ,�$ i B �p� p'� .17 6B k.711427.+"i; ]n= 0 B w.rwa 6 eT i BB R9 v,a q^ - _ -- B SECTION 4. Material to be repealed is bracketed and stricken.New material is underscored. In printing this ordinance,the brackets,bracketed and stricken material,and X underscoring need not be included. SECTION 5. If any provision of this ordinance,or the application thereof to any person or circumstance,is held invalid,such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end,the provisions of this ordinance are declared to be severable. SECTION 6. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER,COUNTY OF HAWAII ,Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 2 G y;i , , - 1 Adit...,,,,,,..-„d-- , . COLtriciItTi e.Mb a i Brittany =amart—4h .c 1s Y"ic160;gun a ii,c€' `' Grease Trap Legislation Beck, Dora <dbeck @co.hawaii.hi.us> Mon, Jul 23, 2012 at 3:36 PM To: "Ho, Nelson" <nho @co.hawaii.hi.us> Cc: Councilmember Brittany Smart <hccdistrict6 @gmail.com>, "Henry, Sharron" <shenry@co.hawaii.hi.us>, "Knippling, Jenny" <jknippling @co.hawaii.hi.us>, "Hirota, Lyle" <lhirota@co.hawaii.hi.us>, "Torigoe, Ivan" <itorigoe @co.hawaii.hi.us>, "Goodale, Gregory" <ggoodale @co.hawaii.hi.us>, "Peters, Linda" <Ipeters @co.hawaii.hi.us> Office of Councilmember Smart: Thank you for the opportunity to comment on this proposed ordinance. DEM comments to the draft ordinance are on the attached. Additional DEM responses for your consideration regarding the proposed legislation are as follows: 1. The bill proposes to add a new section 21-7.1 to Chapter 21, Article 2 of the County Code that calls for "required transport of commercial FOG waste and commercial cooking oil waste to recycling facility and required conversion to marketable product". Said Article 2 governs Public Sewers, and existing section 21- 7 (c) as well as section 21-9(2)currently prohibit discharge of problematic concentrations of fats and greases to the sewer systems. Moreover, Section 21-7 (c) mandates preliminary treatment when deemed necessary by the DEM Director. These provisions have been effective and sufficient to protect the sewer system from FOG and UCO. 2. Section 21-7 does not govern the disposal or recycling of FOG and UCO, except to keep them out of the public sewer system. Said simply, the Wastewater Division is not tasked with recycling. A more appropriate location for the proposed disposal mandates would be Chapter 20 on Refuse, where the proposed section could be part of a new Article 5 to be entitled "Recycling." 3. In our contacts with City & County of Honolulu, DEM learned that UCO and increasingly also FOG are valuable feedstock for biodiesel and other products. Hence, the recyclers have been paying for UCO and/or offering FOG removal services as incentive to attract collections. Before mandating that everyone with FOG/UCO must deliver to recyclers, it may be wise to determine whether such a mandate, with its administrative costs, is really needed. We understand that Honolulu has suspended their FOG enforcement, since voluntary FOG collection and recycling, sometimes by generators, is making enforcement unnecessary. We also understand that there are private entities on the Big Island that offer free island-wide pick-up service for UCO. 4. We also understand that UCO to biodiesel production can be done fairly simply by individuals, many of whom create their own biodiesel for their own use. Generators may want to refine their own UCO, or contribute it to other refiners. The proposed mandate would foreclose those grassroots options, and benefit only the few Recycling Facilities. 5. If the free market has devised a practical system of collecting and recycling FOG/UCO without government intervention, it may be wise to not interfere with it. Forcing all FOG/UCO to be delivered directly to recycling centers may adversely affect other businesses and private uses which have evolved around private recycling. Given the fragile state of the economy, such impacts should be carefully considered. 6. The proposed ordinance is closely modeled after Revised Ordinances of Honolulu ("ROH") Chapter 14, Article 5A. According to the information from the CCH, the Honolulu Department of Environmental Services is set up such that they administer the FOG/UCO requirement under their existing Pre-treatment Program. That program reportedly employs sixteen (16) people to administer and enforce the program. As wastewater facilities for Hawaii County primarily treat domestic wastewater and are substantially smaller than CCH facilities, the Wastewater Division does not have sufficient staff to administer and enforce a formalized Pre-treatment program. Such a program is expected to cost in the ballpark of hundreds of thousands of dollars per year. As operational costs for the Wastewater Division are funded solely by wastewater fees, implementation of such a program would require significant increases in cost to wastewater customers. 7. Honolulu's experience has shown that it is extremely difficult to enforce UCO disposal mandates. It is difficult to ascertain the quantity of UCO that is actually generated. It is also difficult to track and verify where the UCO is disposed of, and whether it matches what was generated. For some restaurants, UCO may actually be recycled into food products. Again, the County lacks enforcement resources for such tasks. 8. The proposed definition of"Recycling facility' is incomplete. We propose: `Permitted Recycling Facility"—means a facility or business or other operation permitted by the State Department of Health to receive and process commercial FOG waste, commercial cooking oil waste, or both into biodiesel or renewable fuel, compost or another marketable product. 9. In terms of the Hilo Wastewater Treatment Plant, the plant uses methane gas from anaerobic digestion for plant heating purposes which saves in fuel cost for the facility. If ever the plant (or other private faciities) needed/wanted the option of anaerobically digesting commercial FOGs or UCO to produce methane gas, they would not be able to do so because of the requirement that commercial FOG must be transported to a recycling facility and converted to a marketable product. Perhaps a survey of non-county facilities should be done to determine the current number of users in this capacity. 10. Considering that this proposed ordinance affects the public, it is suggested that the Environmental Management Commission members review and provide their advice/recommendation. To answer your original questions: 1. You asked: In the existing Chapter 21-2 Definitions. In the definition "Grease" we are considering striking out the parenthetical clause "(Includes fats and oils.)" and include a new definition of"Commercial FOG waste" means animal/vegetable fat, oil and grease and other waste that is retained in or removed from a grease trap". Does DEM see a reason not to do that? Response is: DEM does not recommend this as the existing definition was intended to categorize materials using the appropriate wastewater test procedure as detailed in the"Standard Methods" handbook. 2. You asked: In the existing Chapter 21-7. We are considering amending the title "Industrial wastes of unusual strength." to read: "Industrial wastes of unusual strength and commercial waste." Response: This section describes how wastewater of unusual strength (usually from industrial or commercial sources as opposed to residential sources) could be accepted if it has been pre-treated prior to entering the public sewer system. Therefore, there is no need to make this change. HCC Section 21-9 (2) already prohibits discharges of wastewater containing more than 100 ppm of FOG. 3. You asked: We would further amend Chapter 21-7. (c) by amending it to read "Fats, oils and grease shall not be discharged ....". Does DEM see a reason not to do that? Response: DEM could go either way on this. Note that Secton 21-9(2) currently prohibits fats, oil and grease in excess of 100 parts per million. 4. You asked: Note that SECTION 4. has the ordinance taking effect in 180 days. Would DEM prefer a year for the implementation period? Response: For purposes of educating private businesses, the public and those of whom may currently involved with the rendering of FOG and UCO, DEM recommends that the ordinance take effect in 12 months. With that being said, DEM notes that the Recycling education budget is currently limited to supporting existing programs. From: Ho, Nelson Sent: Wednesday, July 11, 2012 4:35 PM To: Beck, Dora; Hirota, Lyle; Torigoe, Ivan Cc: Councilmember Brittany Smart; Henry, Sharron; Knippling, Jenny Subject: Grease Trap Legislation Aloha DEM, Lyle and Ivan, Our office has been working on this legislation for a couple of months and we knew DEM was working on similar legislation in the past. It is timely because we now have a recycling facility that can turn this wastewater contaminant into a valuable product. We request the department's input before it goes to Council. Brittany is planning to submit a draft for Council Committee discussion on August 14, 2012.To meet the submission deadline, we would need your comments on this version by July 23 so we could incorporate it. This draft is modeled after the Honolulu ordinance.We would like to point out specific areas of concern. 1) In the existing Chapter 21-2 Definitions. In the definition "Grease"we are considering striking out the parenthetical clause "(Includes fats and oils.)" and include a new definition of"Commercial FOG waste" means animal/vegetable fat, oil and grease and other waste that is retained in or removed from a grease trap". Does DEM see a reason not to do that? 2) In the existing Chapter 21-7.We are considering amending the title "Industrial wastes of unusual strength." to read "Industrial wastes of unusual strength and commercial waste." We would further amend Chapter 21-7. (c) by amending it to read "Fats,oils and grease shall not be discharged ....". Does DEM see a reason not to do that? 3) Finally, note that SECTION 4. has the ordinance taking effect in 180 days.Would DEM prefer a year for the implementation period? Mahalo, Nelson Nelson Ho Legislative Assistant Council Member Brittany Smart District 6-Upper Puna, Ka'u, South Kona County of Hawaii 25 Aupuni St. Hilo, HI 96720 (808)961-8026 nho @co.hawaii.hi.us Please consider the environment before printing this email. GreasetrapinterceptorDraft071112 DEM COMMENTS db 072012 (2).doc 101K { MAPS 'IC- • \\ ‘1 .\\\\ V\ \\ \ \\, ' r ■.---",. .-".1 ,\:,... , "c+'3'\ 1 ,,. \\•\',..y.ta, .... 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Aft. - it; Iii 4-4,, .ilik , ••.. 4,17,701010,41, • • 1 ‘1.!' 71 1\l‘ ••••■• ,1 IA UCO STUDY Study Relating to Used Cooking Oil Generation and Biodiesel Production Incentives in the County of Hawai'i Study conducted by the Solid Waste Division of the Department of Environmental Management, County of Hawai'i under a grant from the State of Hawai'i, Department of Business, Economic Development and Tourism, Strategic Industries Division December 2004 The United States Department of Energy provided funds for this report under Cooperative Agreement No. DE-FC51-02R021318. This report was prepared as an account of work sponsored by the United States Government. Neither the United States Government nor any agency thereof,nor any of its employees, makes any warranty,express or implied,or assumes any legal liability or responsibility for the accuracy, completeness,or usefulness of any information,apparatus,product,or process disclosed,or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process,or service by trade name,mark,manufacturer,or otherwise,does not necessarily constitute or imply its endorsement,recommendation,or favoring by the United States Government or any agency thereof. The views and opinions of the authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof. Table of Contents Executive Summary 1 Methodology 4 Survey Responses 6 Analysis 20 Projection 27 Appendices Appendix A: Methodology Appendix B: Survey Appendix C: Recipients Appendix D: Data Compilation Appendix E: County Legislation-Kauai Appendix F: County Legislation-Maui Appendix G: County Legislation-Oahu Appendix H: State Incentives Appendix I: National Policy Executive Summary: With the assistance of University of Hawai'i at Hilo students, the Solid Waste Division of the Department of Environmental Management of the County of Hawai'i conducted a mail-telephone survey of food handling establishments to determine the overall disposal of used cooking oil on the island and if the market could support biodiesel production. The results of the survey showed that approximately 60% of respondents employ some method of recycling or re-use of their used cooking oil resulting in an estimated 5,600 gallons per month diverted from the County's landfills. Approximately 21% of establishments, representing collection of 2,000 gallons per month, employ Pump Truck Services to dispose of their used cooking oil/grease trap waste. Approximately 15% of establishments either dispose of their used cooking oil directly into their solid waste trash or by dumping it into their septic/wastewater systems. While the number of establishments using these methods was substantial, the actual volume of oil disposed by these methods was small - approximately 300 gallons per month. Survey respondents, who were either recycling used cooking oil or willing to recycle if costs were comparable to or less than other forms of disposal, were the establishments that served the greatest number of meals and purchased the most cooking oil. Although 31% of non-recycling respondents perceived that recycling used cooking was too costly,the results of the research indicate that recycling of the used cooking oil is less expensive than permitted disposal at landfills. Another survey observation was that there is a small group of private recyclers responsible for diverting small amounts of used cooking oil from commercial establishments for use as fuel in their own vehicles. The research presented in this report was compiled during the calendar year 2004. It represents a baseline of information regarding the generation of used cooking oil by commercial establishments in the County of Hawaii, as well as a compilation of existing data on the land disposal and diversion of used cooking oil to the production of biodiesel. Also included is information about legislation passed by other Counties in Hawai'i, State of Hawai'i legislation, and Federal legislation directed at the promotion of a biodiesel industry as a mean of recycling waste oil. The survey was conducted on commercial establishments and the data compiled under the oversight of the Solid Waste Division staff at the Department of Environmental Management, County of Hawaii. University of Hawaii at Hilo students,Brittany Smart and Christopher Chin Chance assisted with this research. C3 Consulting was contracted to assist with the compilation and reporting of the data. RESEARCH FINDINGS: • Response rate for the survey of commercial eating establishments was 45.5%. The data procured from these establishments was provided voluntarily and no certified weight scales or other measurements were provided to verify quantities. • It was reported that approximately 380 tons of used cooking oil a year are disposed by the survey respondents. Although the results of the survey cannot be considered 1 statistically significant due to a variation in response rates for individual questions, given the overall response rate,we can estimate that more than 800 tons of waste oil a year are being generated by the target population. • The businesses serving the most meals and purchasing the largest quantities of cooking oil showed the greatest interest in recycling the oil provided the costs are less than other forms of disposal. • Information collected from the industry indicated that the average price per gallon paid by establishments to have used cooking oil collected and recycled into biodiesel was$1.13. The costs to businesses to have used cooking oil collected and delivered to the West Hawai'i Sanitary Landfill,which is the only facility on the Big Island to accept and properly process waste oil for land disposal,averaged $1.91 per gallon. • Data collected from the County of Hawaii's diversion grant program, landfill disposal records and data provided from off-island biodiesel production companies collecting direct from customers for off-island processing indicates 424 tons of waste oil were tracked to proper disposal and recycling methods for FY 2003-4. • Data provided by the biodiesel industry operating in conjunction with diversion programs in the County of Maui indicated that over 900 tons of used cooking oil were received in the last calendar year. Given that the 2003 population statistics for the Counties of Maui and Hawai'i were 135,605 and 158,423 respectively, and the fact that Maui County experiences a higher visitor count, it is presumed that the volume of used cooking oil in Hawai'i County would be similar to Maui County. Maui County has actively pursued the diversion of used cooking oil over the last five years and due to the maturity of the Maui diversion program, is likely capturing most of the used cooking oil generated in that County. • Given the comparative data from Maui County and the estimates derived from our survey, it is projected that somewhere between 320 to 475 tons of used cooking oil are being generated in Hawai'i County and are being improperly disposed. Recent anecdotal evidence of illegal disposal practices by two companies operating in Hawai'i County indicates that illegal land disposal of waste oil may be a significant problem. ACTIONS TO PROMOTE BIODIESEL PRODUCTION: • Conduct a request for proposals(RFP)to divert used cooking oil and other organics from the island's waste stream. (Completed 2003) • Increase the diversion grants from$40/ton to$60/ton based on information obtained from the RFP process. (Completed 2004) 2 • As carried out in other counties,initiate legislation to waive the County fuel tax on diesel fuels containing 20%or greater biodiesel. (TBA) • Pass legislation at the County level requiring the use of grease trap interceptors for all waste oil generators and strictly monitor compliance. (TBA) • Implement receiving stations for used cooking oil drop-off on each side of the island. (TBA) • Educate the population of Hawai'i County about the benefits of recycling used cooking oil and the negative impacts to the environment of improper disposal. (Proposed 2nd round of funding from DBEDT) • Educate the target population of waste oil generators about the costs and benefits of recycling used cooking oil and grease trap waste. (Proposed 2nd round of funding from DBEDT) 3 Methodology: The survey method employed a mail survey sent to the entire population of commercial food handling establishments with a follow-up telephone interview to increase the response rate and verify information written on returned surveys. We obtained a population list from the State of Hawai'i Department of Health — Sanitation and Food and Drug Branches on food handling establishments that were licensed in the County of Hawai'i. Establishments that were omitted from the Department of Health listing for purposes of our survey included: Gas/Convenience stations, school cafeterias, coffee-only establishments, bars/liquor only establishments, public institutional (i.e. hospitals,prisons, etc.) eating establishments. These establishments were omitted due to a determination that their generation of used cooking oil was minimal. We submitted a draft of our survey to the Department of Business, Economic Development & Tourism (DBEDT) for approval along with a scope of our purpose. A cover letter explaining the purpose of the survey, a stamped self addressed envelope and the DBEDT approved survey were sent to all qualified establishments on our population listing. The final population-recipient list after the qualified omissions contained 725 commercial food handling establishments. Upon return of undeliverable surveys, analysis of surveys from respondents who replied that their businesses were no longer in operation, and multiple telephone contact attempts resulted in an additional 33 listings being eliminated as "Out- of-Business" listings. The initial population listing obtained from the State of Hawai'i Department of Health appeared to have been last updated two years ago and contained establishments that were no longer in business and multiple wrong addresses; both factors may have contributed to a higher than anticipated non-response rate to the survey. 4 Surveys were returned to our office and tracked as "complete" or "requiring" follow-up as some responses lacked complete information. As incomplete surveys were returned, the students commenced follow-up telephone calls to verify information and obtain more complete survey responses. Upon reaching the deadline for submission of the surveys the response rate was below the projected and desired 35%rate. Telephone interviews were conducted of non-responding establishments and to obtain more complete survey information from the surveys that had been returned. In order to obtain a relevant baseline of data on used cooking oil generation, follow-up telephone interviews were largely conducted on fast food establishments and resorts which were hypothesized to generate the most used cooking oil. After final mail surveys were returned, initial and follow-up telephone interviews were completed that resulted in an overall 45.5% response rate, or 314 responses from a total qualified population of 692. Due to the variation of response rates for particular questions on the survey instrument and the uncertainty regarding characteristics of the non-respondents, the results cannot be considered statistically accurate and are to be used for baseline information only. 5 Survey Responses: Microsoft Excel and SPSS statistical/data functions were used to analyze the data obtained from our survey. To more easily understand the following tables, please note the following definitions and explanations. 1. Valid responses=Total number of responses to that question. (Excludes multiple responses.) 2. Frequency = Number of records that match the various answer options for the survey question. 3. Percent=Percentage rate of the valid sample responses to the question. 4. For the frequency distribution tables all Valid response options to the question are listed on the left hand side and are tallied in rows. 5. For the cross tabulation tables, variables under comparison are listed in the title of the table with the various response options listed on the left side and top row of the table and the number of responses and their corresponding percentage rates are shown for each Valid outcome. 6 Response Item — Check here if you do not use cooking oil in your operation and mail in the questionnaire. COOKING OIL USED Valid Frequency Percent Percent Valid BLANK 165 23.8% 52.5% CHECK 149 21.5% 47.5% Total 314 45.4% 100.0% Missing 378 54.6% Total 692 100.0% Our total response rate for our full population sample was 45.4% or 314 out of 692 qualified population listings with 165 respondents, or 52.5% of returned surveys replying that their establishments used cooking oil (BLANKS). Our non-response rate ("Missing") to our survey was rather large (54.6%) due possibly to a less than perfect population listing from the Department of Health, establishments ignoring our survey, proprietors unable to understand the survey due to foreign language difficulties, or a general reluctance to divulge proprietary business information that could reveal inappropriate disposal methods. 7 Question 1: What type of establishment is it? EST. TYPE Frequency Percent DINE-IN 110 66.7% TAKEOUT/DELIVERY 88 53.3% FOOD PRODUCT 28 17.0% RESORT 9 5.5% Total 235 142.4% Valid 165 The large majority of the food handling establishments in the County of Hawai'i were DINE-IN facilities, and TAKEOUT/DELIVERY operations were the second most common response, with many establishments conducting both types of activities. Since establishments had the option of marking more than one category, the total number of responses exceeds the Valid number of total survey respondents who answered that they used cooking oil in their operations. Question IA: How many meals does your establishment serve on average per week? MEALS/WK Frequency Percent 1 -349 23 17.8% 350- 1999 68 52.7% >2000 38 29.5% Total 129 100.0% 8 While a significant number of establishments(36) failed to provide an estimate of the number of meals served, the data provided a useful comparison variable to compare high volume establishments versus low volume establishments with other variables. Question 1B: What is the primary type of food offered? MEAL TYPES Frequency Percent PLATE LUNCH 75 45.5% NATURAL/VEG 14 8.5% DINER 25 15.2% STEAK/SEAFOOD 28 17.0% FAST FOOD 52 31.5% FULL-SERVICE 55 33.3% BUFFET 21 12.7% FOOD PRODUCT 35 21.2% ETHNIC 31 18.8% Total 336 203.6% Valid 165 According to the survey responses, establishments were asked to check all categories that apply resulting in total percentage being greater than 100%. 9 Question 1C: Does your establishment have a grease trap? GREASE TRAP Frequency Percent NO 26 16.3% YES 134 83.8% Total 160 100.0% Even though there is no County mandate for food handling establishments that requires a grease trap in their operations, the responses to our survey indicate most (83.8%) businesses have one. Legislation proposing a required grease trap for such establishments is under consideration to prevent costly maintenance of the County's wastewater system. Question 2: How much cooking oil does your establishment purchase monthly? (Gallons) OIL—PURCHASED (Gallons/Mo.) Frequency Percent <50 88 55.7% 50—149 43 27.2% >-150 27 17.1% Total 158 100.0% The majority (55.7%) of establishments report that they purchase less than 50 gallons of cooking oil per month, and only a small proportion (17.1%)use cooking oil in volumes greater than 150 gallons per month. 10 Question 3: How much used cooking oil does your establishment dispose of monthly? (Gallons) OIL—DISPOSED (Gallons/Mo.) Frequency Percent <50 81 57.9% 50-149 45 32.1% > 150 14 10.0% Total 140 100.0% As expected, the levels of cooking oil disposed by the establishments are less than the purchased amount, and according to our survey respondents, over 3,000 gallons per month are consumed in the food they prepare. Both the OIL-PURCHASED and OIL- DISPOSED variables will be compared with other variables to extrapolate data that may be relevant to survey non-responders. 11 Cooking Oil End Products (by volume) LIVESTOCK FEED 2% OTHER 3% CONSUMED 31% rilCONSUMED ° OPUMP SVC RECYCLE i�. •OTHER ■LIVESTOCK FEED RECYCLE 47% PUMP SVC 17% Question 4: How does your establishment dispose of its used cooking oil? DISPOSAL METHODS Frequency Percent RECYCLE CO. 59 37.3% PRIVATE RECYCLE 18 11.4% PIG FARMER,ETC 22 13.9% SW TRASH 20 12.7% DRAIN 3 1.9% PUMP TRUCK 34 21.5% OTHER METHOD 2 1.3% Total 158 100.0% Valid 165 12 Methods of disposing of an establishment's used cooking oil varied widely but a majority (60%) employ some type of recycling or reuse of the byproduct. The results of this question can be compared to the various establishment types, number of meals served, and establishment's reasons for not recycling, to yield information that will facilitate determination of appropriate incentives to encourage recycling. Methods of Used Cooking Oil Disposal (by number of establishments) OTHER METHOD PUMP TRUCK 1% 22% x a 1 37% RECYCLE CO. .'* DRAIN 9 RECYCLE CO. 0 PRIVATE RECYCLE IS PIG FARMER&ETC ■SW TRASH SW TRASH ❑DRAIN 13% C1 PUMP TRUCK PIG FARMER&ETC PRIVATE RECYCLE MOTHER METHOD 14% 11% A critical factor to note here is that the 59 establishments that employ RECYCLE COMPANIES represent approximately 83% of the actual number of establishments that recycle by that method according to the RECYCLE COMPANIES' internal business records. These response rates indicate that self-selection was a significant factor for establishments the use RECYCLE COMPANIES compared to establishments that may employ other methods of disposal. 13 Question 5: If you dispose of your used cooking oil by means of a Pumping Truck Service,which company is collecting the used cooking oil? PUMP TRUCK SVC Frequency Percent West HI Pump Truck Cos.(4) 33 100.0% Total 33 100.0% According to the survey responses most of the establishments that use a Pump Truck Service reside on the Westside of Hawai'i County, and this has been confirmed with internal Department data from the West Hawai'i Sanitary Landfill. Four Pump Truck Companies service the Westside with 94% of the establishments utilizing two of the companies. East Hawaii Sanitary Landfill does not accept waste oil for disposal. Question 5A: Do you pay a service fee for the collection of your used cooking oil? If yes,approximately how much? SVC FEE$ Frequency Percent PUMP TRUCK FEE <$ 1.00 1 3.0% $ 1.00-$ 1.99 22 66.7% $2.00-$2.99 7 21.2% >_$3.00 2 6.1% N/E (no estimate) 1 3.0% Total 33 100.0% The results of this question are compared to other disposal methods in the "Cooking Oil Disposal Volume&Mean Disposal Cost"chart on page 25. 14 Question 6: If you don't have a recycler pick up your used cooking oil what are the reason(s)why? REASONS Frequency Percent TOO COSTLY 13 3L0% NOT ENOUGH STORAGE SPACE 7 16.7% NO STORAGE CONTAINERS 8 19.0% OTHER REASONS 30 71.4% Total 58 138.1% Valid 42 Establishments were able to answer"Yes"to more than one reason in response to this question resulting in the greater than 100% cumulative response rate. Too many surveys were blank in response to this question to make any statistically significant conclusion as to why establishments did not employ a recycler to dispose of their used cooking oil. The most common response was in the OTHER category where many of the establishments were unaware of the opportunity to recycle their used cooking oil. This lack of information will hopefully be addressed in the follow-up public education campaign to inform the businesses as well as the public of the recycling opportunities available to them. Many of the responders to our survey, who already were recycling their used cooking oil, used this section of the survey to complain about the process of recycling even though this question did not apply to them, and their responses were thus not tallied in the above table. The number one complaint cited by establishments that 15 recycle was the cost of recycling. While many of the establishments' eligible responses were "Too Costly" to this question and many establishments who recycle complained of the cost of their current service, it is worthwhile to note that proper disposal of fat, oil, and grease (FOGs)by means of Pump Truck Services is actually about equal in price per gallon, and in many cases more expensive, depending on which Recycle Company is available to service them. Question 7: How much would you be willing to pay per gallon to dispose of used cooking oil by means of a recycler instead of your current method? Frequency Percent ALTERNATIVE COST$ $0.00 20 47.6% $0.01 -$0.99 4 9.5% $ 1.00-$ 1.99 13 31.0% $2.00-$2.99 4 9.5% >_$3.00 1 2.4% Total 42 100.0% The non-response rate to this question prevents any statistically significant conclusion to be drawn from the data, although a large plurality (47.6%) of those who did respond wanted the ALTERNATIVE COST to be $0.00. Many establishments who responded with$0.00 said they thought the Recycle Companies should pay them for their used oil, an unlikely situation given all the costs involved in handling the used cooking oil and processing it into biodiesel. With proper legislation, diversion credits and a 16 biodiesel production facility on the Big Island, it may be possible to reduce the costs to businesses to recycle their used cooking oil. Question 8: Which reason(s) would convince you to consider recycling your establishment's used cooking oil? REASONS Frequency Percent ENVIRONMENT YES 44 81.5% ALTERNATIVE FUEL YES 49 90.7% LANDFILL SPACE YES 40 74.1% ILLEGAL DRAIN YES 30 55.6% Total 163 301.9% Valid 54 The responses to this question yielded a fairly even distribution for the listed reasons: It is environmentally friendly; it is used to produce locally made alternative fuel, which reduces dependency on foreign oil; it conserves our declining landfill space; it becomes illegal to dispose of used cooking oil down the drain. Many surveys cited more than one reason which resulted in the Total exceeding the 54 survey responses to this question,and the percentage exceeding 100%. Question 9: If you dispose of your cooking oil by means of a recycling company,which company is collecting the used cooking oil? 17 RECYCLERS Frequency Percent Diversion Grant Program Participants 42 54.5% Biodiesel Producers 15 19.5% Other/Private Individuals 14 18.2% Unknown/No Name Given 6 7.8% Total 77 100.0% The companies that participate in the County of Hawaii's Diversion Grant Program together collect from 54.5% of the establishments that recycle. Another 19.5% of establishments have their used cooking oil directly shipped to Biodiesel Producers. The Diversion Grant Program Participants and the Biodiesel Producers together collect approximately 82% of the recycled used cooking oil by volume. Another 18.2% of the establishments responded that Other Users or Private Individuals collected their used cooking oil for purposes of fuel oil; this represented a much smaller proportion by volume of the used cooking oil recycled. Question 9A: Do you pay a service fee for collection of your used cooking oil? If yes,approximately how much? 18 SVC FEE$ Frequency Percent RECYCLER FEE <$ 1.00 16 24.2% $ 1.00-$ 1.99 27 40.9% $2.00-$ 2.99 20 30.3% >_$3.00 1 1.5% Varies 1 1.5% N/E 1 1.5% Total 66 100.0% While many establishments were able to provide us with reliable costs of their SERVICE FEES, others were unsure or unaware of the precise per-gallon cost and provided an estimate. These cost estimates may be influenced by the amounts respondents are"willing to pay"as ALTERNATIVE COSTS described in Question 7. Question 10: Do you have any additional comments or suggestions regarding used cooking oil? The responses to this question varied with many of the respondents saying that they supported the concept of recycling used cooking oil and they liked the idea of the County conducting the survey to gauge the business and public interest. Some respondents even asked where to obtain the used cooking oil or processed biodiesel for use in their businesses or for personal use. 19 Analysis: In order to make projections and discover trends for used cooking oil production covering the non-respondents and the entire population of food handling establishments, cross tabulations of variables of interest were attempted. By using the cross tabulation tables we were able to determine a few trends with respect to volume of cooking oil purchased/disposed, meals served, cooking oil disposal methods and types of establishments. Cross Tabulation of Number of Meals vs.Used Cooking Oil Purchased. OIL PURCHASED MEALS(per week) Total (Gallons/mo.) 1 -349 350- 1999 >2000 <50 Count 20 38 8 66 % 95% 57% 22% 53% 50- 149 Count 1 26 13 40 % 5% 39% 35% 32% >150 Count 3 16 19 % 0% 4% 43% 15% Total Count 21 67 37 125 % 100% 100% 100% 100% Cross Tabulation of Number of Meals vs. Used Cooking Oil Disposed. OIL DISPOSED MEALS(per week) Total (Gallons/mo.) 1-349 350-1999 >2000 <50 Count 18 40 8 66 % 95% 63% 23% 56% 50- 149 Count 1 21 17 39 % 5% 33% 49% 33% > 150 Count 2 10 12 % 0% 3% 29% 10% Total Count 19 63 35 117 100% 100% 100% 100% 20 In both cross tabulations of number of MEALS served per week vs. OIL PURCHASED and DISPOSED, there is a correlation between an increasing number of meals served and the volume of used cooking oil purchased and disposed. Cross Tabulation of Number of Meals vs.Used Cooking Oil Disposal Methods. METHODS OF MEALS Total DISPOSAL 1 -349 350-1999 >2000 RECYCLE CO. Count 1 22 24 47 % 4% 32% 63% 36% PRIVATE RECYCLE Count 1 10 3 14 4% 15% 8% 11% PIG FARMER, ETC Count 3 14 1 18 % 13% 21% 3% 14% SW TRASH Count 8 5 13 % 35% 7% 10% DRAIN Count 1 1 2 % 4% 1% 2% PUMP TRUCK Count 7 15 10 32 30% 22% 26% 25% OTHER METHOD Count 2 2 % 9% 2% Total Count 23 67 38 128 % 100% 100% 100% 100% In this tabulation there is a possible relationship whereby, as the number of MEALS served increases, establishments are more likely to employ RECYCLE COMPANIES and less likely to dispose of used cooking oil by means of SOLID WASTE TRASH,pouring it down the DRAIN or OTHER METHODS. 21 Cross Tabulation of Purchased Cooking Oil Volume vs. Disposal Methods. OIL PURCHASED METHODS OF (gallons/month) Total DISPOSAL <50 50-149 >150 RECYCLE CO. Count 18 19 21 58 % 22% 44% 78% 38% PRIVATE RECYCLE Count 9 7 2 18 % 11% 16% 7% 12% PIG FARMER&ETC Count 19 3 22 23% 7% 14% SW TRASH Count 16 3 19 % 19% 7% 12% DRAIN Count 2 2 % 2% 1% PUMP TRUCK Count 17 11 4 32 % 20% 26% 15% 21% OTHER METHOD Count 2 2 2% 1% Total Count 83 43 27 153 % 100% 100% 100% 100% 22 Cross Tabulation of Used Cooking Oil Volume vs.Disposal Methods. OIL DISPOSED METHODS OF (gallons/month) Total DISPOSAL <50 50-149 >150 RECYCLE CO. Count 20 26 10 56 % 24% 57% 71% 39% PRIVATE RECYCLE Count 12 4 1 17 14% 9% 7% 12% PIG FARMER&ETC Count 16 0 0 16 % 19% 0% 0% 11% SW TRASH Count 15 3 0 18 % 18% 7% 0% 13% DRAIN Count 2 2 2% 0% 0% 1% PUMP TRUCK Count 16 13 3 32 % 19% 28% 21% 22% OTHER METHOD Count 2 2 % 2% 0% 0% 1% Total Count 83 46 14 143 100% 100% 100% 100% In both the cross tabulation tables of OIL PURCHASED and OIL DISPOSED vs. DISPOSAL METHODS a similar correlation between increasing volume of cooking oil and a higher rate of usage of recycling companies to dispose of the used cooking oil is observed. The options of disposal by means of SW TRASH, down the DRAIN and OTHER METHODS showed a decline in usage as OIL PURCHASED and DISPOSED increased. 23 Cross Tabulation of Recycling Method vs.Type of Establishment METHODS OF DINE-IN TAKEOUT FOOD RESORT DISPOSAL PRODUCT RECYCLE CO. Count 41 33 7 6 % 37.6% 37.5% 31.8% 66.7% PRIVATE RECYCLE Count 15 8 2 0 % 13.8% 9.1% 9.1% 0.0% PIG FARMER Count 15 14 5 0 % 13.8% 15.9% 22.7% 0.0% SW TRASH Count 9 9 6 0 % 8.3% 10.2% 27.3% 0.0% DRAIN Count 1 3 0 0 % 0.9% 3.4% 0.0% 0.0% PUMP TRUCK SVC Count 27 19 2 3 % 24.8% 21.6% 9.1% 33.3% OTHER Count 1 2 0 0 0.9% 2.3% 0.0% 0.0% TOTAL Count 109 88 22 9 % 100.0% 100.0% 100.0% 100.0% RECYCLE COMPANIES was the top choice among all establishment types for disposal of their used cooking oil with RESORTS employing their services at the highest rate. FOOD PRODUCT manufacturers were the most likely to dispose of their used cooking oil by means of PIG FARMERS and in their SOLID WASTE TRASH. 24 Cooking Oil Disposal Volumes&Mean Disposal Costs 6000 R; •, -� 'a��- 5000 zac • ,i ; 4000 ¢ 3000 ,; o 2000 1000 0 O 4 ti4 Volume 4 • 4$9 Off' 4, Methods Of Disposal �� (mean disposal cost per gallon) In the "Cooking Oil Disposal Volumes & Mean Disposal Costs" chart, we summarize the average disposal costs for the various methods. The results according to our survey showed that Recycling/Reuse of cooking oil was the method used to dispose of the greatest volume of oil while Pump Truck Services was the most costly method of disposal for the establishments. Disposal by use of the cooking oil as a livestock feed, though very economical, may have limitations in the volume that can be disposed, and may additionally be constrained by sanitation and livestock health impacts. 25 Cumulative Volume of Recycling Diversions &Landfilling of Used Cooking Oil Tracked by the County of Hawaii(tons) FY2001 FY2002 FY2003 FY2004 July 0.00 22.29 49.71 33.99 August 0.00 19.73 30.39 16.59 September 0.00 12.60 16.63 32.82 October 11.63 28.57 24.40 23.73 November 12.60 14.64 15.62 23.94 December 10.66 9.69 27.97 27.68 January 7.75 16.78 22.65 24.74 February 8.72 20.07 21.93 32.36 March 10.66 36.15 22.89 40.77 April 30.56 27.55 14.89 38.99 May 12.60 19.95 20.72 31.41 June 15.50 29.07 27.29 35.34 FY Total 120.68 257.09 - 295.09 362.35 Est. direct shipments to Island Commodities 50.00 Est. direct shipments to Pacific BioDiesel 12.00 Total direct shipments to Off-Island Recyclers 62.00 Estimated Total Cooking Oil Disposal for FY03-04 * 424.35 * Note: FY 2002, 2003 and 2004 tonnage adjusted to account for only used cooking oil disposal at the Pu'uanahulu Landfill based on estimates by Pump Truck Service companies. According to our survey, our respondents who employ Recyclers or Pump Truck Services were responsible for approximately 353.32 tons (z 91,000 gallons) of the Total Used Cooking Oil Disposed in Hawai'i County. Given that our internal Department accounting of used cooking disposal by all establishments yielded an estimated 424.35 tons (z 110,000 gallons) in FY2004, the respondents to our survey seem to account for. about 83%of the volume generated. This observation could be the result of a strong self- selecting response factor by those establishments with high volumes of used cooking oil that already recycle and this factor may skew any extrapolation based on these results. 26 Projection: In order to determine whether there is a sufficient used cooking oil volume market for a biodiesel production facility on the Big Island of Hawai'i, an extrapolation based on the survey results was calculated. Assumptions were applied to the survey non- respondents to characterize their establishments and develop a projection of used cooking oil generation in the County of Hawai'i. Similar qualifying criteria were applied to the Department of Health listings of non-respondents to obtain only commercial food handling establishments under consideration. Further, remaining establishments were then characterized by Dine-In, Takeout/Delivery, Food Product and Resort facility types or those that did not use cooking oil based on similarities to respondents to the survey that marked the"do not use cooking oil"option. An average volume of used cooking oil per type of establishment was then calculated from the survey respondents. An extrapolation based on the number of survey non-respondents by establishment type multiplied by the average used cooking oil generation per establishment was calculated and the results are displayed in the following table. Extrapolation of Used Cooking Oil Generation for Survey Non-Respondents Dine-In Takeout Product Resort Survey Respondents 110 87 27 9 Oil per Establishment Type(gallons/mo.) 5601 4558 902 1420 Mean per Establishment 51 52 33 158 Survey Non-Respondents 161 55 18 1 Oil per Establishment Type(gallons/mo.) 8198 2882 602 158 Extrapolated Mean 51 52 33 158 Note: Non-Respondents were categorized into a single Establishment Type to avoid double counting and simplify the extrapolation. 27 The Mean Used Oil per Establishment was calculated for the four types of food handling establishments by dividing the Total Oil per Establishment Type by the number of establishments. Establishments that marked multiple categories were tallied in those columns. An interesting result of this calculation is that DINE-IN and TAKEOUT establishments have similar per establishment used cooking oil generation while the RESORTS had the highest volumes generated. Total used cooking oil generated by survey respondents was 8,163 gallons per month, which translates into 380 tons per year. The Mean per Establishment used cooking oil volumes were then multiplied by the number of survey non-respondents that matched those establishment types to yield an extrapolation of 11,839 gallons per month, which translates into 550 tons per year. An estimate of the total generation of used cooking oil in the County of Hawai'i based on this extrapolation would yield 20,002 gallons per month,which translates into 930 tons per year. This extrapolation is based on responses from the cooking oil survey and assumes that the respondents and non-respondents had similar cooking oil usage characteristics. Estimates for DINE-IN and TAKEOUT establishments could be affected by the above average survey response rates from establishments generating larger amounts of used cooking oil (e.g. Fast Food franchises categorized as both DINE-IN and TAKEOUT facilities), self-reporting by respondents more concerned with recycling used cooking oil or establishments not responding to our survey due to possible non-legal disposal or perceived negligible amounts. The calculation was also dependent on the surveyor's assumptions of establishment characteristics of the non-respondents to the survey. The surveyor was unable to determine if non-respondent establishments were out-of-business 28 based on the Department of Health listing. Given these factors and assumptions, the extrapolation result should be considered a high estimate of the used cooking oil generated by survey non-respondents. Since this survey was not a simple random survey but a mix of a population and purposive sampling, extrapolations based on survey data may be biased and could affect the outcome. Statistical analysis of the results is not possible as a result of our methodology, but the purposes of the survey were to gauge the interest in used cooking oil recycling and provide a baseline estimate of the volume of used cooking oil generated on the Big Island. As such, the survey yielded some interesting results and provided insights with regard to amounts of used cooking oil generated, recycling costs, and local recycling options. The information gathered in this survey will be helpful in developing a public outreach/education program to promote the recycling of commercially generated used cooking oil for use in the local production of biodiesel. 29