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.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 403.742, Florida Statutes, is created to
23 read:
24 403.742 Grease 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.
72 (3) GREASE WASTE SERVICE MANIFEST.—
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.