I NEED YOUR HELP with Texas law regarding pickup and transportation of WVO - Diesel Forum

firefighter911 · 07-30-2005, 12:46 PM

I have a verbal contract with the owner of a local resturant to collect his waste oil. I check on the drums daily and now have found out a "commercial" hauler has decided to drop their barrel off at this location. I strongly believe that they have also taken the waste oil from my drums that are sitting there. They have told the owner that you have to be licensed to pick up and transport the WVO.

I just got off of the phone with the company and they claim it is a $15,000 fine for picking up without a license and he also told me that the regulation is under the Texas vetinary law....He then hung up on me after I told him I was a Haz-Mat tech (TX) and the product was not a hazourdous waste.

PLEASE Help me in this matter,

Ian

av8shunmeckaneck · 07-30-2005, 01:19 PM

From what I have read about being licensed to pick up Veggie oil is to get a state license for it and you might need a bond also. I have no idea how large of a bond you need but I think the cost of the bond and the license is still wayyyyyyyyy cheaper than 2.75 a gallon. From what I remember, somebody said the license is only like 20$. Steve

94_turbo · 07-30-2005, 01:23 PM

sounds to me like the people your dealing with need a serious slap on the hands--if that license is only 20--get it--then put the screws to those pukes--sounds like they think theyre god---

rcdallas · 07-30-2005, 03:44 PM

From reading previous threads regarding WVO pickup in Texas, I've seen it a few times where the price was said to be about $600.

Politics.

firefighter911 · 07-30-2005, 04:19 PM

I CANNOT find ANYWHERE in the TX law that requires a permit for picking up WVO. Anyone help me out here. I want to make sure that I am correct before asking the owner if he will remove the barrel.

Ian

rcdallas · 07-30-2005, 05:47 PM

[ QUOTE ]
I CANNOT find ANYWHERE in the TX law that requires a permit for picking up WVO. Anyone help me out here. I want to make sure that I am correct before asking the owner if he will remove the barrel.

Ian

[/ QUOTE ]

Here's a link...

http://www.capitol.state.tx.us/statu....000144.00.htm

I just found this simply by searching for oil rendering.

I guess the commercial guy is right. It talks about dead animals and all that in the above link.

Hope it helps.

j_apetersen · 07-30-2005, 06:05 PM

The site he gave you states cooking grease that is no longer good for cooking food. so I guess you need a permit to render it into different product and a inspected vehicle with the appropiat inspections and permits to transport it on public highways and a permit from the local municipals to pick up in those towns.

mm0015 · 07-30-2005, 07:08 PM

[ QUOTE ]
The site he gave you states cooking grease that is no longer good for cooking food. so I guess you need a permit to render it into different product and a inspected vehicle with the appropiat inspections and permits to transport it on public highways and a permit from the local municipals to pick up in those towns.

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I am no lawyer, but it seems in the definitions it states that a "renderer" is anyone who hauls or processes these wastes as a "comercial business". Since he is using the WVO for private, personal use, and in no way as part of a commercial business, I would think that would exempt him from needing the license. Just my interpretation though....

mm0015 · 07-30-2005, 07:11 PM

Also, I have heard of extreme cases where people have been prosecuted by renderer's for pumping out of their containers. It seems whether you are licensd to haul the material or not, it is still your property once it is sitting in your container at the business site. You may want to mention to the renderer you will prosecute if they take any more out of your container. That may be enough to make them back off.

94_turbo · 07-30-2005, 09:23 PM

as mm015 said--me believes yet that renderer is trying to heavy hand you--me thinks tell him to keep off your barrel--they probably have had such a gravy train going--they didnt want to be disturbed-make sure you have a witness when you talk to them--not that theyd lie------------------

firefighter911 · 07-30-2005, 10:15 PM

Its all in reference to "commercial" renderers, which I am NOT. I like this part of the chapter though

" § 144.079. PROHIBITED ACTS. (a) A person may not
receive, hold, slaughter, butcher, or otherwise process any animal
as food for human consumption in a building or compartmented area of
a building used as a rendering establishment or related station.
(b) A person may not steal, misappropriate, contaminate, or
damage recyclable cooking oil or containers of recyclable cooking
oil.
(c) A renderer, hauler, or any other person may not:
(1) take possession of recyclable cooking oil from an
unlicensed hauler or an employee or contractor of an unlicensed
hauler; or
(2) knowingly take possession of stolen recyclable
cooking oil.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 22, eff. Sept. 1, 1999.

§ 144.080. CRIMINAL PENALTY. (a) A person commits an
offense if the person continues any operation or construction
subject to regulation under this chapter without obtaining and
maintaining an operating license or construction permit.
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine of not less than $50 or more than $500;
(2) confinement in the county jail for not more than 30
days; or
(3) both the fine and confinement.
(c) Each day of violation constitutes a separate offense.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. .

I am still trying to actually find out though, I will call the State on monday and have someo one look into it. Well I know I DO NOT need a permit for the bio-diesel processor according to the TX law

SUBCHAPTER D. CONSTRUCTION PERMITS

§ 144.041. PERMIT REQUIRED. (a) Except as provided by
Section 144.042, a person may not construct a new rendering
establishment or engage in construction involving an addition or
replacement at a rendering establishment without a construction
permit issued by the department.
(b) Except as provided by Section 144.042, a person may not
construct a new related station or engage in construction involving
an addition or replacement at a related station without a
construction permit issued by the department.
(c) Except as provided by Section 144.042, a person may not
construct a new transfer station or engage in construction
involving an addition or replacement at a transfer station without
a construction permit issued by the department.
(d) Construction at a rendering business is subject to the
construction and layout requirements established under Subchapter
E.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 11, eff. Sept. 1, 1999.

§ 144.042. EXEMPTION FROM PERMIT REQUIREMENT. A
construction permit from the department for the construction of a
new rendering business or for construction at a rendering business
is not required if the cost to the rendering business is less than
$10,000. However, the construction and layout requirements
established under Subchapter E apply to the construction.

Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1999, 76th Leg., ch. 485, § 12, eff. Sept. 1, 1999.

Any more input would be greatly appreciated,

Ian

Texcursion · 07-30-2005, 10:31 PM

Some time ago while filling up at a truck stop I got in a conversation with another guy also filling up. His job was to investigate/inspect haulers of used restaurant grease. He said they were supposed to obtain permits or licences from the state (TRLA number) or something like that. I don't know about the fines but from what I've heard there is some truth to the licensing thing.

firefighter911 · 07-30-2005, 11:28 PM

Everything I have read has been for "commercial" haulers to and from rendering plants. There is nothing that I can see that would warrant me getting a permit. I DO NOT own/run a rendering business or collect for such an entity.

Ian

a93bowtie · 07-31-2005, 12:30 PM

[ QUOTE ]
The site he gave you states cooking grease that is no longer good for cooking food. so I guess you need a permit to render it into different product and a inspected vehicle with the appropiat inspections and permits to transport it on public highways and a permit from the local municipals to pick up in those towns.

[/ QUOTE ]

Aww, man... I thought we were safe from this plague down here in the greasy cellar... too good to be true, too good to last... [img]/ubbthreads/images/graemlins/vomit.gif[/img]

av8shunmeckaneck · 07-31-2005, 01:37 PM

One problem you might run into, even though you're not a commercial outfit, is the amount of WVO being carried. Carrying a large amount of WVO, say 100 gallons, could perhaps automatically qualify you as being commercial. But I'm sure you could easily explain your way out of that one when they see your WVO tank hoses going to your engine. Plus the smell of frys coming from your exhaust pipe is all the more proof you need. You should make a copy of those ordinances that you posted earlier and tape them to your barrels. If they continue to take your oil then you could sue them for 2.75/gal x however many "alleged" gallons they "stole" from you. Just my opinion.