FL
Florida House Bill H1177

Florida 2022 Regular Session

Florida House Bill H1177 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to grease waste removal and disposal; 2
16-creating s. 403.0741, F.S.; providing definitions; 3
16+creating s. 403.742, F.S.; providing definitions; 3
1717 requiring grease waste haulers to dispose of grease 4
1818 waste at disposal facilities; prohibiting grease waste 5
1919 haulers from returning grease waste and graywater to 6
2020 certain grease interceptors and traps and from 7
2121 disposing of grease waste at locations other than 8
2222 disposal facilities; requiring haulers to document 9
2323 grease waste removal and disposal with service 10
2424 manifests; requiring inspecting entities to verify 11
2525 certain contracts and service manifests; requiring the 12
2626 Department of Environmental Protection to periodically 13
2727 inspect service manifests; providing penalties; 14
28-authorizing local governments to regulate grease waste 15
29-removal and disposal; providing construction; 16
30-authorizing certain counties to opt out of specified 17
31-requirements; requiring the department to adopt rules; 18
32-providing an effective date. 19
33- 20
34-Be It Enacted by the Legislature of the State of Florida: 21
35- 22
36- Section 1. Section 403.0741, Florida Statutes, is created 23
37-to read: 24
38- 403.0741 Grease waste removal and disposal. — 25
28+requiring the department to adopt rules; providing 15
29+construction; providing an effective date. 16
30+ 17
31+Be It Enacted by the Legislature of the State of Florida: 18
32+ 19
33+ Section 1. Section 403.742, Florida Statutes, is created 20
34+to read: 21
35+ 403.742 Grease waste remov al and disposal.— 22
36+ (1) DEFINITIONS.-As used in this section, the term: 23
37+ (a) "Disposal facility" means a permitted or certified 24
38+waste management facility that is authorized to receive grease 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51- (1) DEFINITIONS.-As used in this section, the term: 26
52- (a) "Disposal facility" means a perm itted or certified 27
53-waste management facility that is authorized to receive grease 28
54-waste. 29
55- (b) "Graywater" means kitchen sink wastewater. 30
56- (c) "Grease interceptor or grease trap" means a receptacle 31
57-through which wastewater containing fats, oils, or grease flows 32
58-before entering a drainage system and that is designed to trap 33
59-or intercept the fats, oils, or grease while allowing clear 34
60-water to escape. The term does not include receptacles designed 35
61-specifically for collecting used cooking oil, or fats and bones. 36
62- (d) "Grease waste" means liquid or solid material composed 37
63-primarily of fatty substances, oils, and grease from animal or 38
64-vegetable sources and which is retained in a grease interceptor 39
65-or grease trap. 40
66- (e) "Hauler" means a person who removes and dis poses of 41
67-grease waste. 42
68- (f) "Originator" means a food service establishment that 43
69-processes, prepares, or serves food or beverages for consumption 44
70-by the public, including, but not limited to, restaurants, 45
71-commercial kitchens, cafeterias, hotels, school ki tchens, 46
72-hospitals, prisons, correctional facilities, and care 47
73-institutions. 48
74- (g) "Service manifest" means an electronic or hard copy 49
75-recordkeeping system used for the collection and disposal of 50
51+waste. 26
52+ (b) "Graywater" means kitchen sink wastewater. 27
53+ (c) "Grease waste" means liquid or solid material composed 28
54+primarily of fatty substances, oils, and grease from animal or 29
55+vegetable sources and which is retained in a grease interceptor 30
56+or grease trap. 31
57+ (d) "Hauler" means a person who removes and disposes of 32
58+grease waste. 33
59+ (e) "Originator" means a food service establishment that 34
60+processes, prepares, or serves food or beverages for consumption 35
61+by the public, including, but not limited to, restaurants, 36
62+commercial kitchens, cafeterias, hotels, school kitchens, 37
63+hospitals, prisons, correctional facilities, and care 38
64+institutions. 39
65+ (f) "Service manifest" means an electronic or hard copy 40
66+recordkeeping system used for the collection and disposal of 41
67+grease waste pursuant to this section. The service manifest must 42
68+consist of an originator section, a hauler section, and a 43
69+disposal facility section and must contain, at a minimum, the 44
70+following information: 45
71+ 1. The name, address, and telephone number of the 46
72+originator. 47
73+ 2. The name, address, and telephone number of the haul er. 48
74+ 3. The name, address, and telephone number of the disposal 49
75+facility. 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-grease waste pursuant to this section. The service manifest m ust 51
89-consist of an originator section, a hauler section, and a 52
90-disposal facility section and must contain, at a minimum, the 53
91-following information: 54
92- 1. The name, address, and telephone number of the 55
93-originator. 56
94- 2. The name, address, and telephone number of the hauler. 57
95- 3. The name, address, and telephone number of the disposal 58
96-facility. 59
97- 4. The condition of the originator's grease interceptor or 60
98-grease trap and verification that the grease interceptor or 61
99-grease trap was cleaned by the hauler and that graywater was not 62
100-returned to the grease interceptor or grease trap. 63
101- 5. The amount of grease waste removed from the 64
102-originator's grease interceptor or grease trap. 65
103- 6. The amount of grease waste disposed of at the disposal 66
104-facility. 67
105- 7. The billing receipt or ticket number provided to the 68
106-hauler by the disposal facility. 69
107- (2) DISPOSAL OF GREASE WASTE. - 70
108- (a) A hauler who removes grease waste from a grease 71
109-interceptor or grease trap must dispose of the grea se waste at a 72
110-disposal facility. 73
111- (b) A hauler may not: 74
112- 1. Return grease waste or graywater to a grease 75
88+ 4. The condition of the originator's grease interceptor or 51
89+grease trap and verification that the grease interceptor or 52
90+grease trap was cleaned by the hauler and that graywater was not 53
91+returned to the grease interceptor or grease trap. 54
92+ 5. The amount of grease waste removed from the 55
93+originator's grease interceptor or grease trap. 56
94+ 6. The amount of grease waste disposed of at the disposal 57
95+facility. 58
96+ 7. The billing receipt or ticket number provided to the 59
97+hauler by the disposal facility. 60
98+ (2) DISPOSAL OF GREASE WASTE. - 61
99+ (a) A hauler who removes grease waste from a grease 62
100+interceptor or grease trap must dispose of the grea se waste at a 63
101+disposal facility. 64
102+ (b) A hauler may not: 65
103+ 1. Return grease waste or graywater to a grease 66
104+interceptor or grease trap; or 67
105+ 2. Dispose of grease waste in any location other than a 68
106+disposal facility. 69
107+ (3) GREASE WASTE SERVICE MANIFEST. - 70
108+ (a) A hauler must document the removal and disposal of 71
109+grease waste with a service manifest. 72
110+ (b) Upon completion of grease waste removal during the 73
111+originator's hours of operation, the originator and the hauler 74
112+must sign the service manifest, verifying th at the information 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-interceptor or grease trap; or 76
126- 2. Dispose of grease waste in any location other than a 77
127-disposal facility. 78
128- (3) GREASE WASTE SERVICE MANIFEST. - 79
129- (a) A hauler must document the removal and disposal of 80
130-grease waste with a service manifest. 81
131- (b) Upon completion of grease waste removal during the 82
132-originator's hours of operation, the originator and the hauler 83
133-must sign the service manifest, verifying th at the information 84
134-contained in the service manifest is accurate. The hauler must 85
135-provide a copy of the signed service manifest to the originator. 86
136-If the grease waste removal occurs when the originator is closed 87
137-or before or after the originator's hours of operation, the 88
138-hauler must sign the manifest, verifying that the information 89
139-contained in the service manifest is accurate, and leave a 90
140-signed copy of the service manifest on the premises in a 91
141-location designated by the originator or make the manifest 92
142-available to the originator electronically. 93
143- (c) Upon completion of grease waste disposal, the disposal 94
144-facility operator and the hauler must sign the service manifest, 95
145-verifying that the information contained in the service manifest 96
146-is accurate. 97
147- (d) The hauler must provide the originator and the county 98
148-and municipality in which the originator is located with a copy 99
149-of the completed service manifest showing the signatures of the 100
125+contained in the service manifest is accurate. The hauler must 76
126+provide a copy of the signed service manifest to the originator. 77
127+If the grease waste removal occurs when the originator is closed 78
128+or before or after the originator's hours of operation, the 79
129+hauler must sign the manifest, verifying that the information 80
130+contained in the service manifest is accurate, and leave a 81
131+signed copy of the service manifest on the premises in a 82
132+location designated by the originator. 83
133+ (c) Upon completion o f grease waste disposal, the disposal 84
134+facility operator and the hauler must sign the service manifest, 85
135+verifying that the information contained in the service manifest 86
136+is accurate. 87
137+ (d) The hauler must provide the originator with a copy of 88
138+the completed service manifest showing the signatures of the 89
139+originator if signed pursuant to paragraph (b), the hauler, and 90
140+the disposal facility operator within 30 days after the date of 91
141+the disposal. 92
142+ (e) A copy of the signed completed service manifest must 93
143+be retained onsite by the originator and the hauler for 1 year. 94
144+ (4) COMPLIANCE INSPECTIONS. - 95
145+ (a) An inspecting entity must verify that an originator 96
146+has a contract with a hauler for grease waste removal and that 97
147+grease removal and disposal are documented pursua nt to this 98
148+section. 99
149+ (b) The department shall periodically inspect the service 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-originator if signed pursuant to paragraph (b), the hauler, and 101
163-the disposal facility operator within 30 days after the date of 102
164-the disposal. 103
165- (e) A copy of the signed completed service manifest must 104
166-be retained onsite by the originator and the hauler for 1 year. 105
167- (4) COMPLIANCE INSPECTIONS. - 106
168- (a) An inspecting entity must verify that an originator 107
169-has a contract with a hauler for grease waste removal and that 108
170-grease removal and disposal are documented pursuant to this 109
171-section. 110
172- (b) The department shall periodically inspect the service 111
173-manifests retained by a hauler to ensure comp liance with this 112
174-section. 113
175- (5) PENALTIES.- 114
176- (a) A hauler who violates this section is subject to the 115
177-following penalties: 116
178- 1. For each failure to provide or retain a service 117
179-manifest, an administrative fine not to exceed $100. 118
180- 2. For each failure to clean a grease interceptor or 119
181-grease trap, an administrative fine not to exceed $250. The 120
182-department shall authorize an inspecting entity to impose this 121
183-penalty as part of a grease interceptor or grease trap 122
184-inspection. 123
185- 3. For an unlawful disposal of grease waste, an 124
186-administrative fine of at least $2,500. 125
162+manifests retained by a hauler to ensure compliance with this 101
163+section. 102
164+ (5) PENALTIES.- 103
165+ (a) A hauler who violates this section is subject to the 104
166+following penalties: 105
167+ 1. For each failure to provide or retain a service 106
168+manifest, an administrative fine not to exceed $100. 107
169+ 2. For each failure to clean a grease interceptor or 108
170+grease trap, an administrative fine not to exceed $250. The 109
171+department shall authorize an inspecting e ntity to impose this 110
172+penalty as part of a grease interceptor or grease trap 111
173+inspection. 112
174+ 3. For an unlawful disposal of grease waste, an 113
175+administrative fine of at least $2,500. 114
176+ 4. For a second or subsequent unlawful disposal of grease 115
177+waste, an administrative fine of at least $5,000. 116
178+ (b) For a violation of subparagraph (a)3., the penalty 117
179+must include a license suspension of at least 30 days. 118
180+ (c) For a second or subsequent violation of subparagraph 119
181+(a)3., the penalty must include a license rev ocation of at least 120
182+12 months. 121
183+ (d) Fines collected pursuant to this subsection must be 122
184+deposited into the Water Quality Assurance Trust Fund. 123
185+ (6) RULES.-The department shall adopt rules to implement 124
186+this section. In addition to the requirements under t his 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199- 4. For a second or subsequent unlawful disposal of grease 126
200-waste, an administrative fine of at least $5,000. 127
201- (b) For a violation of subparagraph (a)3., the penalty 128
202-must include a license suspension of at least 30 days. 129
203- (c) For a second or subsequent violation of subparagraph 130
204-(a)3., the penalty must include a license revocation of at least 131
205-12 months. 132
206- (6) REGULATION BY LOCAL GOVERNMENTS. - 133
207- (a) A local government may: 134
208- 1. Receive copies of service manifests from haulers. 135
209- 2. Receive reports of violations. 136
210- 3. Collect and retain fines for service manifest 137
211-violations. 138
212- 4. Impose license actions. 139
213- (b) This section does not prohibit a local government from 140
214-adopting or enforcing an ordinance or rule to regulate the 141
215-removal and disposal of grease waste that is stricter or more 142
216-extensive than this section. 143
217- (c) Fiscally constrained counties as described in s. 144
218-218.67(1) and small counties as defined in s. 339.2818(2) may 145
219-opt out of the requirements of this section. 146
220- (7) RULES.-The department shall adopt rules to implement 147
221-this section. 148
222- Section 2. This act shall take effect July 1, 2022. 149
199+section, the rules must provide for a local government to 126
200+receive reports of violations and to collect fines and impose 127
201+license actions. 128
202+ (7) REGULATION BY LOCAL GOVERNMENTS. -This section does not 129
203+prohibit a local government from adopting or enforcing an 130
204+ordinance or rule to regulate the removal and disposal of grease 131
205+waste that is stricter or more extensive than this section. 132
206+ Section 2. This act shall take effect July 1, 2022. 133