Bill Amendment: FL S1110 | 2022 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Grease Waste Removal and Disposal

Status: 2022-05-06 - Chapter No. 2022-95 [S1110 Detail]

Download: Florida-2022-S1110-Senate_Committee_Amendment_962386.html

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       Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1110
       
       
       
       
       
       
                                Ì962386HÎ962386                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Rouson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 403.0741, Florida Statutes, is created
    6  to read:
    7         403.0741 Grease waste removal and disposal.—
    8         (1) DEFINITIONS.—As used in this section, the term:
    9         (a) “Disposal facility” means a permitted or certified
   10  waste management facility that is authorized to receive grease
   11  waste.
   12         (b) “Graywater” means kitchen sink wastewater.
   13         (c) “Grease interceptor or grease trap” means a receptacle
   14  through which wastewater containing fats, oils, or grease flows
   15  before entering a drainage system and which is designed to trap
   16  or intercept the fats, oils, or grease while allowing clear
   17  water to escape. The term does not include receptacles designed
   18  specifically for collecting used cooking oil or fats and bones.
   19         (d) “Grease waste” means liquid or solid material composed
   20  primarily of fatty substances, oils, and grease from animal or
   21  vegetable sources which is retained in a grease interceptor or
   22  grease trap.
   23         (e) “Hauler” means a person who removes and disposes of
   24  grease waste.
   25         (f) “Originator” means a food service establishment that
   26  processes, prepares, or serves food or beverages for consumption
   27  by the public, including, but not limited to, restaurants,
   28  commercial kitchens, cafeterias, hotels, school kitchens,
   29  hospitals, prisons, correctional facilities, and care
   30  institutions.
   31         (g) “Service manifest” means an electronic or hard copy
   32  recordkeeping system used for the collection and disposal of
   33  grease waste pursuant to this section. The service manifest must
   34  consist of an originator section, a hauler section, and a
   35  disposal facility section and must contain, at a minimum, the
   36  following information:
   37         1. The name, address, and telephone number of the
   38  originator.
   39         2. The name, address, and telephone number of the hauler.
   40         3. The name, address, and telephone number of the disposal
   41  facility.
   42         4. The condition of the originator’s grease interceptor or
   43  grease trap and verification that the grease interceptor or
   44  grease trap was cleaned by the hauler and that graywater was not
   45  returned to the grease interceptor or grease trap.
   46         5. The amount of grease waste removed from the originator’s
   47  grease interceptor or grease trap.
   48         6. The amount of grease waste disposed of at the disposal
   49  facility.
   50         7. The billing receipt or ticket number provided to the
   51  hauler by the disposal facility.
   52         (2) DISPOSAL OF GREASE WASTE.—
   53         (a) A hauler who removes grease waste from a grease
   54  interceptor or grease trap must dispose of the grease waste at a
   55  disposal facility.
   56         (b) A hauler may not:
   57         1. Return grease waste or graywater to a grease interceptor
   58  or grease trap; or
   59         2. Dispose of grease waste in any location other than a
   60  disposal facility.
   61         (3) GREASE WASTE SERVICE MANIFEST.—
   62         (a) A hauler must document the removal and disposal of
   63  grease waste with a service manifest.
   64         (b) Upon completion of grease waste removal during the
   65  originator’s hours of operation, the originator and the hauler
   66  must sign the service manifest, verifying that the information
   67  contained in the service manifest is accurate. The hauler must
   68  provide a copy of the signed service manifest to the originator.
   69  If the grease waste removal occurs when the originator is closed
   70  or before or after the originator’s hours of operation, the
   71  hauler must sign the service manifest, verifying that the
   72  information contained in the service manifest is accurate, and
   73  leave a signed copy of the service manifest on the premises in a
   74  location designated by the originator or make the service
   75  manifest available to the originator electronically.
   76         (c) Upon completion of grease waste disposal, the disposal
   77  facility operator and the hauler must sign the service manifest,
   78  verifying that the information contained in the service manifest
   79  is accurate.
   80         (d) The hauler must provide the originator and the county
   81  and municipality in which the originator is located with a copy
   82  of the completed service manifest showing the signatures of the
   83  originator if signed pursuant to paragraph (b), the hauler, and
   84  the disposal facility operator within 30 days after the date of
   85  the disposal.
   86         (e) A copy of the signed completed service manifest must be
   87  retained onsite by the originator and the hauler for 1 year.
   88         (4) COMPLIANCE INSPECTIONS.—
   89         (a) An inspecting entity must verify that an originator has
   90  a contract with a hauler for grease waste removal and that
   91  grease waste removal and disposal are documented pursuant to
   92  this section.
   93         (b) The department shall periodically inspect the service
   94  manifests retained by a hauler to ensure compliance with this
   95  section.
   96         (5) PENALTIES.—
   97         (a) A hauler who violates this section is subject to the
   98  following penalties:
   99         1. For each failure to provide or retain a service
  100  manifest, an administrative fine not to exceed $100.
  101         2. For each failure to clean a grease interceptor or grease
  102  trap, an administrative fine not to exceed $250. The department
  103  shall authorize an inspecting entity to impose this penalty as
  104  part of a grease interceptor or grease trap inspection.
  105         3. For an unlawful disposal of grease waste, an
  106  administrative fine of at least $2,500.
  107         4. For a second or subsequent unlawful disposal of grease
  108  waste, an administrative fine of at least $5,000.
  109         (b) For a violation of subparagraph (a)3., the penalty must
  110  include a license suspension of at least 30 days.
  111         (c) For a second or subsequent violation of subparagraph
  112  (a)3., the penalty must include a license revocation of at least
  113  12 months.
  114         (6) REGULATION BY LOCAL GOVERNMENTS.—
  115         (a) A local government may:
  116         1. Receive copies of service manifests from haulers.
  117         2. Receive reports of violations.
  118         3. Collect and retain fines for service manifest
  119  violations.
  120         4. Impose license actions.
  121         (b) This section does not prohibit a local government from
  122  adopting or enforcing an ordinance or rule to regulate the
  123  removal and disposal of grease waste which is stricter or more
  124  extensive than this section.
  125         (c) Fiscally constrained counties as described in s.
  126  218.67(1) and small counties as defined in s. 339.2818(2) may
  127  opt out of the requirements of this section.
  128         (7) RULES.—The department shall adopt rules to implement
  129  this section.
  130         Section 2. This act shall take effect July 1, 2022.
  131  
  132  ================= T I T L E  A M E N D M E N T ================
  133  And the title is amended as follows:
  134         Delete everything before the enacting clause
  135  and insert:
  136                        A bill to be entitled                      
  137         An act relating to grease waste removal and disposal;
  138         creating s. 403.0741, F.S.; defining terms; requiring
  139         grease waste haulers to dispose of grease waste at
  140         disposal facilities; prohibiting grease waste haulers
  141         from returning grease waste and graywater to grease
  142         interceptors and traps and from disposing of grease
  143         waste at locations other than disposal facilities;
  144         requiring haulers to document grease waste removal and
  145         disposal with service manifests; providing
  146         requirements for the service manifests; requiring
  147         inspecting entities to verify certain contracts and
  148         service manifests; requiring the Department of
  149         Environmental Protection to periodically inspect
  150         service manifests; providing penalties; authorizing
  151         local governments to regulate grease waste removal and
  152         disposal; providing construction; authorizing certain
  153         counties to opt out of specified requirements;
  154         requiring the department to adopt rules; providing an
  155         effective date.
  156