Florida Senate - 2022                                    SB 1110
       By Senator Rouson
       19-00790A-22                                          20221110__
    1                        A bill to be entitled                      
    2         An act relating to grease waste removal and disposal;
    3         creating s. 403.742, F.S.; defining terms; requiring
    4         grease waste haulers to dispose of grease waste at
    5         disposal facilities; prohibiting grease waste haulers
    6         from returning grease waste and graywater to certain
    7         grease interceptors and traps and from disposing of
    8         grease waste at locations other than disposal
    9         facilities; requiring haulers to document grease waste
   10         removal and disposal with service manifests; requiring
   11         inspecting entities to verify certain contracts and
   12         service manifests; requiring the Department of
   13         Environmental Protection to periodically inspect
   14         service manifests; providing penalties; requiring that
   15         the fines from such penalties be deposited into the
   16         Water Quality Assurance Trust Fund; requiring the
   17         department to adopt rules; providing construction;
   18         providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Section 403.742, Florida Statutes, is created to
   23  read:
   24         403.742Grease waste removal and disposal.—
   25         (1) DEFINITIONS.—As used in this section, the term:
   26         (a) “Disposal facility” means a permitted or certified
   27  waste management facility that is authorized to receive grease
   28  waste.
   29         (b) “Graywater” means kitchen sink wastewater.
   30         (c) “Grease waste” means liquid or solid material composed
   31  primarily of fatty substances, oils, and grease from animal or
   32  vegetable sources which is retained in a grease interceptor or
   33  grease trap.
   34         (d) “Hauler” means a person who removes and disposes of
   35  grease waste.
   36         (e) “Originator” means a food service establishment that
   37  processes, prepares, or serves food or beverages for consumption
   38  by the public, including, but not limited to, restaurants,
   39  commercial kitchens, cafeterias, hotels, school kitchens,
   40  hospitals, prisons, correctional facilities, and care
   41  institutions.
   42         (f) “Service manifest” means an electronic or hard copy
   43  recordkeeping system used for the collection and disposal of
   44  grease waste pursuant to this section. The service manifest must
   45  consist of an originator section, a hauler section, and a
   46  disposal facility section and must contain, at a minimum, the
   47  following information:
   48         1. The name, address, and telephone number of the
   49  originator.
   50         2. The name, address, and telephone number of the hauler.
   51         3. The name, address, and telephone number of the disposal
   52  facility.
   53         4. The condition of the originator’s grease interceptor or
   54  grease trap and verification that the grease interceptor or
   55  grease trap was cleaned by the hauler and that graywater was not
   56  returned to the grease interceptor or grease trap.
   57         5. The amount of grease waste removed from the originator’s
   58  grease interceptor or grease trap.
   59         6. The amount of grease waste disposed of at the disposal
   60  facility.
   61         7. The billing receipt or ticket number provided to the
   62  hauler by the disposal facility.
   63         (2) DISPOSAL OF GREASE WASTE.—
   64         (a) A hauler who removes grease waste from a grease
   65  interceptor or grease trap must dispose of the grease waste at a
   66  disposal facility.
   67         (b) A hauler may not:
   68         1. Return grease waste or graywater to a grease interceptor
   69  or grease trap; or
   70         2. Dispose of grease waste in any location other than a
   71  disposal facility.
   73         (a) A hauler must document the removal and disposal of
   74  grease waste with a service manifest.
   75         (b) Upon completion of grease waste removal during the
   76  originator’s hours of operation, the originator and the hauler
   77  must sign the service manifest, verifying that the information
   78  contained in the service manifest is accurate. The hauler must
   79  provide a copy of the signed service manifest to the originator.
   80  If the grease waste removal occurs when the originator is closed
   81  or before or after the originator’s hours of operation, the
   82  hauler must sign the manifest, verifying that the information
   83  contained in the service manifest is accurate, and leave a
   84  signed copy of the service manifest on the premises in a
   85  location designated by the originator.
   86         (c) Upon completion of grease waste disposal, the disposal
   87  facility operator and the hauler must sign the service manifest,
   88  verifying that the information contained in the service manifest
   89  is accurate.
   90         (d) The hauler must provide the originator with a copy of
   91  the completed service manifest showing the signatures of the
   92  originator if signed pursuant to paragraph (b), the hauler, and
   93  the disposal facility operator within 30 days after the date of
   94  the disposal.
   95         (e) A copy of the signed completed service manifest must be
   96  retained on site by the originator and the hauler for 1 year.
   97         (4) COMPLIANCE INSPECTIONS.—
   98         (a) An inspecting entity must verify that an originator has
   99  a contract with a hauler for grease waste removal and that
  100  grease removal and disposal are documented pursuant to this
  101  section.
  102         (b) The department shall periodically inspect the service
  103  manifests retained by a hauler to ensure compliance with this
  104  section.
  105         (5) PENALTIES.—
  106         (a) A hauler who violates this section is subject to the
  107  following penalties:
  108         1. For each failure to provide or retain a service
  109  manifest, an administrative fine not to exceed $100.
  110         2. For each failure to clean a grease interceptor or grease
  111  trap, an administrative fine not to exceed $250. The department
  112  shall authorize an inspecting entity to impose this penalty as
  113  part of a grease interceptor or grease trap inspection.
  114         3. For an unlawful disposal of grease waste, an
  115  administrative fine of at least $2,500.
  116         4. For a second or subsequent unlawful disposal of grease
  117  waste, an administrative fine of at least $5,000.
  118         (b) For a violation of subparagraph (a)3., the penalty must
  119  include a license suspension of at least 30 days.
  120         (c) For a second or subsequent violation of subparagraph
  121  (a)3., the penalty must include a license revocation of at least
  122  12 months.
  123         (d) Fines collected pursuant to this subsection must be
  124  deposited into the Water Quality Assurance Trust Fund.
  125         (6) RULES.—The department shall adopt rules to implement
  126  this section. In addition to the requirements under this
  127  section, the rules must provide for a local government to
  128  receive reports of violations and to collect fines and impose
  129  license actions.
  130         (7)REGULATION BY LOCAL GOVERNMENTS.—This section does not
  131  prohibit a local government from adopting or enforcing an
  132  ordinance or rule to regulate the removal and disposal of grease
  133  waste which is stricter or more extensive than this section.
  134         Section 2. This act shall take effect July 1, 2022.