Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 1110 Ì962386HÎ962386 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/02/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Appropriations Subcommittee on Agriculture, Environment, and General Government (Rouson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 403.0741, Florida Statutes, is created 6 to read: 7 403.0741 Grease waste removal and disposal.— 8 (1) DEFINITIONS.—As used in this section, the term: 9 (a) “Disposal facility” means a permitted or certified 10 waste management facility that is authorized to receive grease 11 waste. 12 (b) “Graywater” means kitchen sink wastewater. 13 (c) “Grease interceptor or grease trap” means a receptacle 14 through which wastewater containing fats, oils, or grease flows 15 before entering a drainage system and which is designed to trap 16 or intercept the fats, oils, or grease while allowing clear 17 water to escape. The term does not include receptacles designed 18 specifically for collecting used cooking oil or fats and bones. 19 (d) “Grease waste” means liquid or solid material composed 20 primarily of fatty substances, oils, and grease from animal or 21 vegetable sources which is retained in a grease interceptor or 22 grease trap. 23 (e) “Hauler” means a person who removes and disposes of 24 grease waste. 25 (f) “Originator” means a food service establishment that 26 processes, prepares, or serves food or beverages for consumption 27 by the public, including, but not limited to, restaurants, 28 commercial kitchens, cafeterias, hotels, school kitchens, 29 hospitals, prisons, correctional facilities, and care 30 institutions. 31 (g) “Service manifest” means an electronic or hard copy 32 recordkeeping system used for the collection and disposal of 33 grease waste pursuant to this section. The service manifest must 34 consist of an originator section, a hauler section, and a 35 disposal facility section and must contain, at a minimum, the 36 following information: 37 1. The name, address, and telephone number of the 38 originator. 39 2. The name, address, and telephone number of the hauler. 40 3. The name, address, and telephone number of the disposal 41 facility. 42 4. The condition of the originator’s grease interceptor or 43 grease trap and verification that the grease interceptor or 44 grease trap was cleaned by the hauler and that graywater was not 45 returned to the grease interceptor or grease trap. 46 5. The amount of grease waste removed from the originator’s 47 grease interceptor or grease trap. 48 6. The amount of grease waste disposed of at the disposal 49 facility. 50 7. The billing receipt or ticket number provided to the 51 hauler by the disposal facility. 52 (2) DISPOSAL OF GREASE WASTE.— 53 (a) A hauler who removes grease waste from a grease 54 interceptor or grease trap must dispose of the grease waste at a 55 disposal facility. 56 (b) A hauler may not: 57 1. Return grease waste or graywater to a grease interceptor 58 or grease trap; or 59 2. Dispose of grease waste in any location other than a 60 disposal facility. 61 (3) GREASE WASTE SERVICE MANIFEST.— 62 (a) A hauler must document the removal and disposal of 63 grease waste with a service manifest. 64 (b) Upon completion of grease waste removal during the 65 originator’s hours of operation, the originator and the hauler 66 must sign the service manifest, verifying that the information 67 contained in the service manifest is accurate. The hauler must 68 provide a copy of the signed service manifest to the originator. 69 If the grease waste removal occurs when the originator is closed 70 or before or after the originator’s hours of operation, the 71 hauler must sign the service manifest, verifying that the 72 information contained in the service manifest is accurate, and 73 leave a signed copy of the service manifest on the premises in a 74 location designated by the originator or make the service 75 manifest available to the originator electronically. 76 (c) Upon completion of grease waste disposal, the disposal 77 facility operator and the hauler must sign the service manifest, 78 verifying that the information contained in the service manifest 79 is accurate. 80 (d) The hauler must provide the originator and the county 81 and municipality in which the originator is located with a copy 82 of the completed service manifest showing the signatures of the 83 originator if signed pursuant to paragraph (b), the hauler, and 84 the disposal facility operator within 30 days after the date of 85 the disposal. 86 (e) A copy of the signed completed service manifest must be 87 retained onsite by the originator and the hauler for 1 year. 88 (4) COMPLIANCE INSPECTIONS.— 89 (a) An inspecting entity must verify that an originator has 90 a contract with a hauler for grease waste removal and that 91 grease waste removal and disposal are documented pursuant to 92 this section. 93 (b) The department shall periodically inspect the service 94 manifests retained by a hauler to ensure compliance with this 95 section. 96 (5) PENALTIES.— 97 (a) A hauler who violates this section is subject to the 98 following penalties: 99 1. For each failure to provide or retain a service 100 manifest, an administrative fine not to exceed $100. 101 2. For each failure to clean a grease interceptor or grease 102 trap, an administrative fine not to exceed $250. The department 103 shall authorize an inspecting entity to impose this penalty as 104 part of a grease interceptor or grease trap inspection. 105 3. For an unlawful disposal of grease waste, an 106 administrative fine of at least $2,500. 107 4. For a second or subsequent unlawful disposal of grease 108 waste, an administrative fine of at least $5,000. 109 (b) For a violation of subparagraph (a)3., the penalty must 110 include a license suspension of at least 30 days. 111 (c) For a second or subsequent violation of subparagraph 112 (a)3., the penalty must include a license revocation of at least 113 12 months. 114 (6) REGULATION BY LOCAL GOVERNMENTS.— 115 (a) A local government may: 116 1. Receive copies of service manifests from haulers. 117 2. Receive reports of violations. 118 3. Collect and retain fines for service manifest 119 violations. 120 4. Impose license actions. 121 (b) This section does not prohibit a local government from 122 adopting or enforcing an ordinance or rule to regulate the 123 removal and disposal of grease waste which is stricter or more 124 extensive than this section. 125 (c) Fiscally constrained counties as described in s. 126 218.67(1) and small counties as defined in s. 339.2818(2) may 127 opt out of the requirements of this section. 128 (7) RULES.—The department shall adopt rules to implement 129 this section. 130 Section 2. This act shall take effect July 1, 2022. 131 132 ================= T I T L E A M E N D M E N T ================ 133 And the title is amended as follows: 134 Delete everything before the enacting clause 135 and insert: 136 A bill to be entitled 137 An act relating to grease waste removal and disposal; 138 creating s. 403.0741, F.S.; defining terms; requiring 139 grease waste haulers to dispose of grease waste at 140 disposal facilities; prohibiting grease waste haulers 141 from returning grease waste and graywater to grease 142 interceptors and traps and from disposing of grease 143 waste at locations other than disposal facilities; 144 requiring haulers to document grease waste removal and 145 disposal with service manifests; providing 146 requirements for the service manifests; requiring 147 inspecting entities to verify certain contracts and 148 service manifests; requiring the Department of 149 Environmental Protection to periodically inspect 150 service manifests; providing penalties; authorizing 151 local governments to regulate grease waste removal and 152 disposal; providing construction; authorizing certain 153 counties to opt out of specified requirements; 154 requiring the department to adopt rules; providing an 155 effective date. 156