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.