HomeMy WebLinkAbout2623 Adding 14.09 Prohibiting PhosphorusORDINANCE NO. ~-~. ~
AN ORDINANCE ADDING A NEW CHAPTER 14.09 TO THE ASHLAND MUNICIPAL CODE
PROHIBITING THE SALE AND DISTRIBUTION OF CLEANING AGENTS CONTAINING
PHOSPHORUS WITHIN THE CITY OF ASHLAND'S CITY LIMITS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 14.09 shall be added to the Ashland
Municipal Code and shall read as follows:
"Chapter 14.09
SEWER SYSTEM--REGULATIONS
14.09.010 A. Phosphate Ban: The Council recognizes its authority and
responsibility to plan and provide for control of sewerage, surface
water, and water supply. The Council hereby finds that phosphorus
loading of surface waters is currently a serious pollution problem
affecting water quality in the Bear Creek Subbasin and threatens
future water quality in other surface waters of the region. Phosphate
detergents contribute significant phosphorus loading to the treated
wastewater released to surface water into Bear Creek. Phosphorous
loading has become a pollution problem, and state standards will
require additional wastewater treatment facilities at public expense
beyond primary and secondary treatment facilities. This Ordinance is
enacted to reduce phosphorus pollution at its source to maintain
existing water quality and to enhance cost-effective wastewater
treatment where phosphorus pollution has been identified as a serious
pollution problem by the State of Oregon Environmental Quality
Commission.
B. Definitions:
(a) "Cleaning agent" means any product, including but not
limited to soaps and detergents, containing a surfactant as a wetting
or dirt emulsifying agent and used primarily for domestic or
commercial cleaning purposes, including, but not limited to the
cleansing of fabrics, dishes, food utensils, and household and
commercial premises. Cleaning agent shall not mean foods, drugs,
cosmetics, insecticides, fungicides and rodenticides, or cleaning
agents exempt from this Ordinance.
(b) "Phosphorus" means. elemental phosphorus.
(c) "Person" means any person, firm, partnership or
corporation.
C. Prohibition: No person may sell or distribute for sale within the
City of Ashland City Limits, any cleaning agents containing more than
0.5 percent phosphorus by weight except cleaning agents used in
automatic dishwashing machines shall not exceed 8.7 percent phosphorus
by weight.
D. Exemptions: This Ordinance shall not apply to any cleaning agent:
(a) Used in dairy, beverage, or food processing equipment.
(b) Used as an industrial sanitizer, brightener, acid cleaner, or
metal conditioner, including phosphoric acid products or trisodium
phosphate.
(c) Used in hospitals, veterinary hospitals or clinics, or health
care facilities.
(d) Used in agricultural production and the production of
electronic components.
(e) Used in a commercial laundry for laundry services provided to
a hospital or health care facility or for a veterinary hospital or
clinic.
(f) Used by industry for metal cleaning or conditioning.
(g) Used in any laboratory, including a biological laboratory,
research facility, chemical, electronics or engineering laboratory.
(h) Used for cleaning hard surfaces, including household cleansers
for windows, sinks, counters, stoves, tubs or other food preparation
surfaces, and plumbing fixtures.
(i) Used as a water softening chemical, antiscale chemical or
corrosion inhibitor intended for use in closed systems, such as
boilers, air conditioners, cooling towers or hot water systems.
(j) For which the Council determines that imposition of this
Ordinance will either:
(1) create a significant hardship on the user; or
(2) be unreasonable because of the lack of an adequate
substitute cleaning agent.
E. Severability: The provisions of this Ordinance are severable. If
any provision of this Ordinance or its application to any person or
circumstance is held invalid, the invalidity shall not affect other
provisions or application of this Ordinance which can be given without
the invalid provision or application.
F. Penalty: Any person, firm, or corporation violating any of the
provisions of this chapter is, upon conviction there of, punishable as
described in Section 1.08.020.
SECTION 2.
1991."
Effective Date:
This Ordinance shall be effective July 1,
The foregoing ordinance was first read on the /~Z~day of
1991, and duly PASSED and ADOPTED this ~f day of ~'~, 1991.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this .%~/ day of
Catherine M. Golden
Mayor