Frieda, Haulers have only three legitimate complaints with "greasel" owners and biodiesel brewers that approach a level of legality, at least relative to their involvement.
1) If a restauranteur has signed a contract with a hauler or renderer that stipulates that all fats and oils coming from that establishment during the contractual period belong to them, whether in the dumpster or not, they have a legitimate complaint and could approach the restaurant owner for breech of contract. Some contracts only state that the grease belongs to the hauler once it's in the dumpster/drum. 2) If a "greasel" owner or biodiesel brewer removes feedstock from a container that belongs to the hauler, the hauler has grounds to pursue a complaint of theft. If the amount of grease/oil removed can be proven, whether it be a single instance or over a series of events, and the value of the grease/oil meets or exceeds the dollar threshold for felony theft, the person who has removed the grease could be held liable in a criminal court. 3) A few states require that the hauler be licensed. If not, fines could be levied. As a general rule, haulers literally make bank on the expected volumes of grease/oil from each of its clients. If the expected/historical volume differs from the actual volume, they tend to get extremely pissy and play the part of the 800 pound gorilla, making threats of all manner, sometimes legitimate and sometimes not, in order to resecure their feedstock. It's best that every "greasel" owner, biodieseler and restauranteur know of the potential legal snags if they expect to keep their headache levels at zero. The easiest solution is for the homebrewer or greaseler to pre-arrange supplying the same type of container(s) at no charge to the restaurant when any existing contract is about to expire and service them regularly. The problem usually found with such a scenario is that while the intentions of the homebrewer may be good, their interest often wains, leaving the restaurant in a lurch. As well, many restaurants expect their haulers to take everything that gets dumped in the barrels, not just the "cream" off the top. Many places throw their "Boil Out" (lye and water run through the fryers to clean them) in with their grease. And many throw their end of day meats into the same drums/dumpsters. If a person is going to be looking for grease supplies, they need to be prepared to take the bad with the good and be capable of processing the bad along with the good. Otherwise they have the potential to become an environmental hazard that outstrips whatever environmental benefit they provide. There is, after all, an "equal protection [prosecution] under the law" clause to the US constitution. Todd Swearingen Frieda Feen wrote: > Hello all, > The rendering company (company that collects used restaurant fryer > oil), issued angry verbal threats to the Mom and Pop burger joint that > gives me their used fryer oil. The restaurant puts their used fryer > oil into my buckets, and I schlep it away. > The renderers told the restaurant that it was illegal for them to > give me their used fryer oil. They demanded that the restaurant give > them my name and phone number. The renderers said that it was illegal > for people to use fryer oil, or any other non-petroleum product, for > fuel without paying a fuel tax to the state and feds, and that the > restaurant was responsible to see that that tax is paid since it is > their oil that is being used as a fuel. They also said there is > legislation about to go through the California senate that supports > their allegations. > Thoughts? > Thanks, Frieda > >------------------------------------------------------------------------ > >_______________________________________________ >Biofuel mailing list >Biofuel@sustainablelists.org >http://sustainablelists.org/mailman/listinfo/biofuel_sustainablelists.org > >Biofuel at Journey to Forever: >http://journeytoforever.org/biofuel.html > >Search the combined Biofuel and Biofuels-biz list archives (50,000 messages): >http://www.mail-archive.com/biofuel@sustainablelists.org/ > > > _______________________________________________ Biofuel mailing list Biofuel@sustainablelists.org http://sustainablelists.org/mailman/listinfo/biofuel_sustainablelists.org Biofuel at Journey to Forever: http://journeytoforever.org/biofuel.html Search the combined Biofuel and Biofuels-biz list archives (50,000 messages): http://www.mail-archive.com/biofuel@sustainablelists.org/
