Florida Senate - 2022                             CS for SB 1110
       By the Committee on Appropriations; and Senator Rouson
       576-03378-22                                          20221110c1
    1                        A bill to be entitled                      
    2         An act relating to grease waste removal and disposal;
    3         creating s. 403.0741, 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 grease
    7         interceptors and traps and from disposing of grease
    8         waste at locations other than disposal facilities;
    9         requiring haulers to document grease waste removal and
   10         disposal with service manifests; providing
   11         requirements for the service manifests; requiring
   12         inspecting entities to verify certain contracts and
   13         service manifests; requiring the Department of
   14         Environmental Protection to periodically inspect
   15         service manifests; providing penalties; authorizing
   16         local governments to regulate grease waste removal and
   17         disposal; providing construction; authorizing certain
   18         counties to opt out of specified requirements;
   19         requiring the department to adopt rules; providing an
   20         effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 403.0741, Florida Statutes, is created
   25  to read:
   26         403.0741Grease waste removal and disposal.—
   27         (1)DEFINITIONS.—As used in this section, the term:
   28         (a)“Disposal facility” means a permitted or certified
   29  waste management facility that is authorized to receive grease
   30  waste.
   31         (b)“Graywater” means kitchen sink wastewater.
   32         (c)“Grease interceptor or grease trap” means a receptacle
   33  through which wastewater containing fats, oils, or grease flows
   34  before entering a drainage system and which is designed to trap
   35  or intercept the fats, oils, or grease while allowing clear
   36  water to escape. The term does not include receptacles designed
   37  specifically for collecting used cooking oil or fats and bones.
   38         (d)“Grease waste” means liquid or solid material composed
   39  primarily of fatty substances, oils, and grease from animal or
   40  vegetable sources which is retained in a grease interceptor or
   41  grease trap.
   42         (e)“Hauler” means a person who removes and disposes of
   43  grease waste.
   44         (f)“Originator” means a food service establishment that
   45  processes, prepares, or serves food or beverages for consumption
   46  by the public, including, but not limited to, restaurants,
   47  commercial kitchens, cafeterias, hotels, school kitchens,
   48  hospitals, prisons, correctional facilities, and care
   49  institutions.
   50         (g)“Service manifest” means an electronic or hard copy
   51  recordkeeping system used for the collection and disposal of
   52  grease waste pursuant to this section. The service manifest must
   53  consist of an originator section, a hauler section, and a
   54  disposal facility section and must contain, at a minimum, the
   55  following information:
   56         1.The name, address, and telephone number of the
   57  originator.
   58         2.The name, address, and telephone number of the hauler.
   59         3.The name, address, and telephone number of the disposal
   60  facility.
   61         4.The condition of the originator’s grease interceptor or
   62  grease trap and verification that the grease interceptor or
   63  grease trap was cleaned by the hauler and that graywater was not
   64  returned to the grease interceptor or grease trap.
   65         5.The amount of grease waste removed from the originator’s
   66  grease interceptor or grease trap.
   67         6.The amount of grease waste disposed of at the disposal
   68  facility.
   69         7.The billing receipt or ticket number provided to the
   70  hauler by the disposal facility.
   71         (2)DISPOSAL OF GREASE WASTE.—
   72         (a)A hauler who removes grease waste from a grease
   73  interceptor or grease trap must dispose of the grease waste at a
   74  disposal facility.
   75         (b)A hauler may not:
   76         1.Return grease waste or graywater to a grease interceptor
   77  or grease trap; or
   78         2.Dispose of grease waste in any location other than a
   79  disposal facility.
   81         (a)A hauler must document the removal and disposal of
   82  grease waste with a service manifest.
   83         (b)Upon completion of grease waste removal during the
   84  originator’s hours of operation, the originator and the hauler
   85  must sign the service manifest, verifying that the information
   86  contained in the service manifest is accurate. The hauler must
   87  provide a copy of the signed service manifest to the originator.
   88  If the grease waste removal occurs when the originator is closed
   89  or before or after the originator’s hours of operation, the
   90  hauler must sign the service manifest, verifying that the
   91  information contained in the service manifest is accurate, and
   92  leave a signed copy of the service manifest on the premises in a
   93  location designated by the originator or make the service
   94  manifest available to the originator electronically.
   95         (c)Upon completion of grease waste disposal, the disposal
   96  facility operator and the hauler must sign the service manifest,
   97  verifying that the information contained in the service manifest
   98  is accurate.
   99         (d)The hauler must provide the originator and the county
  100  and municipality in which the originator is located with a copy
  101  of the completed service manifest showing the signatures of the
  102  originator if signed pursuant to paragraph (b), the hauler, and
  103  the disposal facility operator within 30 days after the date of
  104  the disposal.
  105         (e)A copy of the signed completed service manifest must be
  106  retained onsite by the originator and the hauler for 1 year.
  108         (a)An inspecting entity must verify that an originator has
  109  a contract with a hauler for grease waste removal and that
  110  grease waste removal and disposal are documented pursuant to
  111  this section.
  112         (b)The department shall periodically inspect the service
  113  manifests retained by a hauler to ensure compliance with this
  114  section.
  115         (5)PENALTIES.—
  116         (a)A hauler who violates this section is subject to the
  117  following penalties:
  118         1.For each failure to provide or retain a service
  119  manifest, an administrative fine not to exceed $100.
  120         2.For each failure to clean a grease interceptor or grease
  121  trap, an administrative fine not to exceed $250. The department
  122  shall authorize an inspecting entity to impose this penalty as
  123  part of a grease interceptor or grease trap inspection.
  124         3.For an unlawful disposal of grease waste, an
  125  administrative fine of at least $2,500.
  126         4.For a second or subsequent unlawful disposal of grease
  127  waste, an administrative fine of at least $5,000.
  128         (b)For a violation of subparagraph (a)3., the penalty must
  129  include a license suspension of at least 30 days.
  130         (c)For a second or subsequent violation of subparagraph
  131  (a)3., the penalty must include a license revocation of at least
  132  12 months.
  134         (a)A local government may:
  135         1.Receive copies of service manifests from haulers.
  136         2.Receive reports of violations.
  137         3.Collect and retain fines for service manifest
  138  violations.
  139         4.Impose license actions.
  140         (b)This section does not prohibit a local government from
  141  adopting or enforcing an ordinance or rule to regulate the
  142  removal and disposal of grease waste which is stricter or more
  143  extensive than this section.
  144         (c)Fiscally constrained counties as described in s.
  145  218.67(1) and small counties as defined in s. 339.2818(2) may
  146  opt out of the requirements of this section.
  147         (7)RULES.—The department shall adopt rules to implement
  148  this section.
  149         Section 2. This act shall take effect July 1, 2022.