TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PREPARE FOR THIS BOARD�S REVIEW AND APPROVAL A PILOT PROGRAM RELATING TO THE SALE OF FATS, OILS, AND GREASE (FOG) FOR REUSE AS BIOFUEL OR FOR OTHER USEFUL PURPOSES, AND TO PROVIDE A REPORT

BODY
WHEREAS, on May 21, 2013, the Board adopted Resolution No. R-393-13, authorizing the execution of the Consent Decree, Case No. 1:12-cv-24400-FAM, effective December 6, 2013, between Miami-Dade County, the United States of America, the State of Florida, and the Florida Department of Environmental Protection (�FDEP�), in order to comply with the Federal Clean Water Act, chapter 403, Florida Statutes, and the Florida Administrative Code, with the purpose of eliminating sanitary sewer overflows and prohibited bypasses; and
WHEREAS, paragraph 19(a) of the Consent Decree required the County to review, evaluate, and revise its existing Grease Trap Ordinance and Fats, Oils, and Grease (�FOG�) Control Program, subject to review and approval by the United States Environmental Protection Agency (�EPA�) and FDEP; and
WHEREAS, the Grease Trap Ordinance and FOG Control Program required food service establishments to install and maintain grease interceptors to minimize the discharge of fats, oils, and grease that would otherwise cause sanitary sewer overflows and prohibited sewer bypasses; and

WHEREAS, on September 7, 2017, the EPA and FDEP gave final approval for amendments to the Grease Trap Ordinance and FOG Control Program, which provided additional design and operation requirements to assist food service establishments, design professionals, contractors, and others with the design, construction, and maintenance of effective FOG control devices; and
WHEREAS, on February 21, 2018, the Board adopted Ordinance No. 18-22, which codified those amendments in the Code of Miami-Dade County, Florida; and
WHEREAS, the majority of the County�s FOG regulations are codified in section 24-42.6 of the Code, which was created by Ordinance No. 18-22 and which includes, among other things, new and more demanding standards for new FOG control devices; and
WHEREAS, the County�s FOG regulations may impose financial hardship on local businesses and particularly on small businesses, such as when businesses are required to upgrade their FOG control devices; and
WHEREAS, such hardship raises the question of what options are available to businesses to finance necessary FOG-related investments; and
WHEREAS, the idea has been proposed of FOG being sold for reuse as biofuel instead of being disposed of as waste; and
WHEREAS, this Board would like to explore that idea further by directing the Administration to prepare a pilot program that would facilitate and collect data regarding local FOG-generating businesses� sale of FOG for reuse as biofuel or for other useful purposes,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board directs the County Mayor or County Mayor�s designee to prepare for this Board�s review and approval a pilot program that would facilitate and collect data regarding local FOG-generating businesses� sale of FOG for reuse as biofuel or for other useful purposes. The pilot program shall, at a minimum, provide for: the expedited processing of regulatory approvals needed for businesses to sell FOG; technical assistance regarding regulatory compliance; and the County�s collection of voluntarily submitted data to assist in further regulatory reform regarding FOG. The study shall also determine what changes to state law or the County�s FOG regulations would be necessary to facilitate such a program. To the extent that amendments to the County�s FOG regulations would require the review and approval of the EPA and FDEP, the County Mayor or County Mayor�s designee shall seek input from and collaborate with the EPA and FDEP in conducting this study and shall seek the review and approval of the EPA and FDEP as to any proposed amendments to the FOG regulations that would be necessary to facilitate such a program.
Section 2. The County Mayor or County Mayor�s designee shall prepare a written report detailing the proposed pilot program. Furthermore, if amendments to the County�s FOG regulations would be necessary to facilitate the proposed program, such amendments shall be drafted in the form of a proposed item, and said item shall be included as an exhibit to the report together with an explanation as to whether those proposed amendments have received review and approval by the EPA and FDEP. Pursuant to rule 5.06(j) of the Board�s Rules of Procedure, the report shall be placed on an agenda of the full Board without committee review within 90 days of the effective date of this resolution.