CS/HB 1177 2022
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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
A bill to be entitled 1
An act relating to grease waste removal and disposal; 2
creating s. 403.0741, F.S.; providing definitions; 3
requiring grease waste haulers to dispose of grease 4
waste at disposal facilities; prohibiting grease waste 5
haulers from returning grease waste and graywater to 6
certain grease interceptors and traps and from 7
disposing of grease waste at locations other than 8
disposal facilities; requiring haulers to document 9
grease waste removal and disposal with service 10
manifests; requiring inspecting entities to verify 11
certain contracts and service manifests; requiring the 12
Department of Environmental Protection to periodically 13
inspect service manifests; providing penalties; 14
authorizing local governments to regulate grease waste 15
removal and disposal; providing construction; 16
authorizing certain counties to opt out of specified 17
requirements; requiring the department to adopt rules; 18
providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Section 403.0741, Florida Statutes, is created 23
to read: 24
403.0741 Grease waste removal and disposal. — 25
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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
(1) DEFINITIONS.-As used in this section, the term: 26
(a) "Disposal facility" means a perm itted or certified 27
waste management facility that is authorized to receive grease 28
waste. 29
(b) "Graywater" means kitchen sink wastewater. 30
(c) "Grease interceptor or grease trap" means a receptacle 31
through which wastewater containing fats, oils, or grease flows 32
before entering a drainage system and that is designed to trap 33
or intercept the fats, oils, or grease while allowing clear 34
water to escape. The term does not include receptacles designed 35
specifically for collecting used cooking oil, or fats and bones. 36
(d) "Grease waste" means liquid or solid material composed 37
primarily of fatty substances, oils, and grease from animal or 38
vegetable sources and which is retained in a grease interceptor 39
or grease trap. 40
(e) "Hauler" means a person who removes and dis poses of 41
grease waste. 42
(f) "Originator" means a food service establishment that 43
processes, prepares, or serves food or beverages for consumption 44
by the public, including, but not limited to, restaurants, 45
commercial kitchens, cafeterias, hotels, school ki tchens, 46
hospitals, prisons, correctional facilities, and care 47
institutions. 48
(g) "Service manifest" means an electronic or hard copy 49
recordkeeping system used for the collection and disposal of 50
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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
grease waste pursuant to this section. The service manifest m ust 51
consist of an originator section, a hauler section, and a 52
disposal facility section and must contain, at a minimum, the 53
following information: 54
1. The name, address, and telephone number of the 55
originator. 56
2. The name, address, and telephone number of the hauler. 57
3. The name, address, and telephone number of the disposal 58
facility. 59
4. The condition of the originator's grease interceptor or 60
grease trap and verification that the grease interceptor or 61
grease trap was cleaned by the hauler and that graywater was not 62
returned to the grease interceptor or grease trap. 63
5. The amount of grease waste removed from the 64
originator's grease interceptor or grease trap. 65
6. The amount of grease waste disposed of at the disposal 66
facility. 67
7. The billing receipt or ticket number provided to the 68
hauler by the disposal facility. 69
(2) DISPOSAL OF GREASE WASTE. - 70
(a) A hauler who removes grease waste from a grease 71
interceptor or grease trap must dispose of the grea se waste at a 72
disposal facility. 73
(b) A hauler may not: 74
1. Return grease waste or graywater to a grease 75
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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
interceptor or grease trap; or 76
2. Dispose of grease waste in any location other than a 77
disposal facility. 78
(3) GREASE WASTE SERVICE MANIFEST. - 79
(a) A hauler must document the removal and disposal of 80
grease waste with a service manifest. 81
(b) Upon completion of grease waste removal during the 82
originator's hours of operation, the originator and the hauler 83
must sign the service manifest, verifying th at the information 84
contained in the service manifest is accurate. The hauler must 85
provide a copy of the signed service manifest to the originator. 86
If the grease waste removal occurs when the originator is closed 87
or before or after the originator's hours of operation, the 88
hauler must sign the manifest, verifying that the information 89
contained in the service manifest is accurate, and leave a 90
signed copy of the service manifest on the premises in a 91
location designated by the originator or make the manifest 92
available to the originator electronically. 93
(c) Upon completion of grease waste disposal, the disposal 94
facility operator and the hauler must sign the service manifest, 95
verifying that the information contained in the service manifest 96
is accurate. 97
(d) The hauler must provide the originator and the county 98
and municipality in which the originator is located with a copy 99
of the completed service manifest showing the signatures of the 100
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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
originator if signed pursuant to paragraph (b), the hauler, and 101
the disposal facility operator within 30 days after the date of 102
the disposal. 103
(e) A copy of the signed completed service manifest must 104
be retained onsite by the originator and the hauler for 1 year. 105
(4) COMPLIANCE INSPECTIONS. - 106
(a) An inspecting entity must verify that an originator 107
has a contract with a hauler for grease waste removal and that 108
grease removal and disposal are documented pursuant to this 109
section. 110
(b) The department shall periodically inspect the service 111
manifests retained by a hauler to ensure comp liance with this 112
section. 113
(5) PENALTIES.- 114
(a) A hauler who violates this section is subject to the 115
following penalties: 116
1. For each failure to provide or retain a service 117
manifest, an administrative fine not to exceed $100. 118
2. For each failure to clean a grease interceptor or 119
grease trap, an administrative fine not to exceed $250. The 120
department shall authorize an inspecting entity to impose this 121
penalty as part of a grease interceptor or grease trap 122
inspection. 123
3. For an unlawful disposal of grease waste, an 124
administrative fine of at least $2,500. 125
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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
4. For a second or subsequent unlawful disposal of grease 126
waste, an administrative fine of at least $5,000. 127
(b) For a violation of subparagraph (a)3., the penalty 128
must include a license suspension of at least 30 days. 129
(c) For a second or subsequent violation of subparagraph 130
(a)3., the penalty must include a license revocation of at least 131
12 months. 132
(6) REGULATION BY LOCAL GOVERNMENTS. - 133
(a) A local government may: 134
1. Receive copies of service manifests from haulers. 135
2. Receive reports of violations. 136
3. Collect and retain fines for service manifest 137
violations. 138
4. Impose license actions. 139
(b) This section does not prohibit a local government from 140
adopting or enforcing an ordinance or rule to regulate the 141
removal and disposal of grease waste that is stricter or more 142
extensive than this section. 143
(c) Fiscally constrained counties as described in s. 144
218.67(1) and small counties as defined in s. 339.2818(2) may 145
opt out of the requirements of this section. 146
(7) RULES.-The department shall adopt rules to implement 147
this section. 148
Section 2. This act shall take effect July 1, 2022. 149