PRINTER'S NO. 868
No. 788 Session of 1989
INTRODUCED BY BRIGHTBILL, WENGER, LOEPER, LINCOLN, PUNT, MELLOW,
GREENLEAF, REIBMAN, BAKER, ROCKS, HOLL, HOPPER, SHUMAKER,
ARMSTRONG, HELFRICK, SALVATORE, WILT, BELL, STOUT, FATTAH AND
BELAN, APRIL 10, 1989
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 10, 1989
AN ACT
1 Prohibiting the sale, manufacture, distribution or use of
2 certain cleaning agents containing phosphates; conferring
3 powers and duties on the Environmental Quality Board and the
4 Department of Environmental Resources; and providing
5 penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Phosphate
10 Detergent Act.
11 Section 2. Prohibition on certain cleaning agents.
12 Except as provided in section 3, a person may not use, sell,
13 manufacture or distribute for use or sale within this
14 Commonwealth any cleaning agent that contains more than 0.0%
15 phosphorus by weight, expressed as elemental phosphorus, except
16 for an amount not exceeding 0.5% phosphorus that is incidental
17 to manufacturing.
18 Section 3. Exclusions and exceptions.
1 (a) Exclusions.--This act shall not apply to a cleaning
2 agent that is:
3 (1) Used in dairy, beverage or food processing
4 equipment.
5 (2) A product used as an industrial sanitizer,
6 brightener, acid cleaner or metal conditioner, including
7 phosphoric acid products or trisodium phosphate.
8 (3) Used in hospitals, veterinary hospitals or clinics,
9 or health care facilities.
10 (4) Used in agricultural production.
11 (5) Used in a commercial laundry that provides laundry
12 services for a hospital or health care facility or for a
13 veterinary hospital or clinic.
14 (6) Used by industry for metal cleaning or conditioning.
15 (7) Manufactured, stored or distributed for use or sale
16 outside this Commonwealth.
17 (8) Used in any laboratory, including a biological
18 laboratory, research facility, chemical laboratory or
19 engineering laboratory.
20 (9) Used for cleaning hard surfaces, including household
21 cleansers for windows, sinks, counters, stoves, tubs or other
22 food preparation surfaces and plumbing fixtures.
23 (10) Used as a water softening chemical, antiscale
24 chemical or corrosion inhibitor intended for use in closed
25 systems, such as boilers, air conditioners, cooling towers or
26 hot water systems.
27 (b) Exceptions.--A person may use, sell, manufacture or
28 distribute for use or sale a cleaning agent that contains
29 greater than 0.0% phosphorus by weight, but does not exceed 8.7%
30 phosphorus by weight, if it is:
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1 (1) A detergent used in a dishwashing machine, whether
2 commercial or household.
3 (2) A substance the Environmental Quality Board, by
4 regulation, excludes from the 0.0% phosphorus limitation
5 contained in section 2 based on a finding that compliance
6 with this act would:
7 (i) create a significant hardship on the user; or
8 (ii) be unreasonable because of the lack of an
9 adequate substitute cleaning agent.
10 Section 4. Regulatory authority.
11 The Environmental Quality Board shall adopt regulations to
12 implement the provisions of this act.
13 Section 5. Administration.
14 (a) Enforcement.--It shall be the power and duty of the
15 Department of Environmental Resources to administer and enforce
16 the provisions of this act, and the department shall have the
17 authority to issue such orders as are necessary to effectuate
18 the same.
19 (b) Appeal.--Any person who is aggrieved by an order of the
20 department issued hereunder shall have the right, within 30 days
21 of receipt of notice thereof, to appeal the action to the
22 Environmental Hearing Board in accordance with the act of July
23 13, 1988 (P.L.530, No.94), known as the Environmental Hearing
24 Board Act.
25 Section 6. Penalties.
26 (a) Use.--Any person who uses a cleaning agent in violation
27 of this act commits a summary offense and shall, upon
28 conviction, be sentenced to pay a fine of not more than $100.
29 (b) Sells, distributes or makes.--Any person who sells,
30 distributes or manufactures a cleaning agent in violation of
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1 this act commits a misdemeanor and shall, upon conviction, be
2 sentenced to pay a fine of not more than $1,000.
3 Section 7. Severability.
4 The provisions of this act are severable. If any provision of
5 this act or its application to any person or circumstance is
6 held invalid, the invalidity shall not affect other provisions
7 or applications of this act which can be given effect without
8 the invalid provision or application.
9 Section 8. Repeals.
10 All acts and parts of acts are repealed insofar as they are
11 inconsistent with this act.
12 Section 9. Sunset.
13 This act shall expire on December 31, 1992, unless otherwise
14 extended by act of the General Assembly.
15 Section 10. Effective date.
16 This act shall take effect as follows:
17 (1) On March 1, 1990, in all counties situated partially
18 or wholly within the Susquehanna River Watershed or in the
19 Lake Erie Watershed.
20 (2) On March 1, 1991, in all other counties.
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