§ 3-5-202. Water quality control.

(a)

Declaration of policy. Official Code of Georgia Annotated (O.C.G.A.) Section 12-5-27.1 provides that whenever a local governmental entity is required by the environmental protection division to reduce phosphorus in its wastewater being discharged into the waters of the state, such local government entity shall pass an ordinance mandating the retail sale of low phosphorous household laundry detergent as part of its phosphorus reduction process. It is hereby declared to be the public policy of the county to encourage the use of clean, phosphate-free household laundry detergents and to prohibit the sale of household laundry detergents which contain more than five-tenths (0.5) percent phosphorus by weight. The county finds that such use and sale will be a cost-effective way to reduce the amount of phosphorus in wastewater discharge so as to protect Georgia's rivers and lakes downstream and promote health, safety and welfare, prevent injury to human health, plant and animal life and property. It is vital to the health, well-being and welfare of present and future inhabitants of the county that these sources be protected against contamination and pollution.

(b)

Definitions. The following definitions shall apply in the interpretation and enforcement of this section:

(1)

Household laundry detergent section: Means a laundering cleaning compound in liquid, bar, spray, tablet, flake, powder, or other form used for domestic clothes-cleaning purposes. The term "household laundry detergent" shall not mean:

a.

A dishwashing compound, household cleaner, metal cleaner, degreasing compound, commercial cleaner, industrial cleaner, or other substance that is intended to be used for non-laundry cleaning purposes;

b.

A detergent used in dairy, beverage or food processing cleaning equipment;

c.

A phosphorous acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner;

d.

A detergent used in hospitals, veterinary hospitals or clinics, or health care facilities or in agricultural production;

e.

A detergent used by industry for metal cleaning or conditioning;

f.

A detergent manufactured, stored or distributed for use or sale outside of the state;

g.

A detergent used in any laboratory, including a biological, laboratory, research facility, chemical laboratory and engineering laboratory; or

h.

A detergent used in a commercial laundry that provides laundry services for hospital, health care facility, or veterinary hospital.

(2)

Phosphorus means elemental phosphorus.

(3)

Person means any person, firm, partnership or corporation.

(c)

Prohibition. It shall be unlawful for any person to sell at the retail level a household laundry detergent which contains greater than five-tenths (0.5) percent phosphorus by weight and is intended to be used for domestic clothes-cleaning purposes.

(d)

Penalties for violation. Any person who violates any provision of this section shall be subject to a fine not to exceed five hundred dollars ($500.00) and incarceration in the county detention facility for a period not to exceed sixty (60) days. Each sales transaction shall constitute a separate offense.

(e)

Additional legal remedies. In addition to the penalty provided in subsection (d), the county may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain any violation of this section.

(f)

Rights and liabilities. Nothing in this section shall be construed to abridge, limit or otherwise impair the right to any person to damages or other relief on account of injuries to persons or property arising out of a violation of this ordinance and to maintain any action or other appropriate proceeding therefor.

(Ord. No. 89-20, 11-21-89)

Editor's note

Ordinance No. 89-20, enacted Nov. 21, 1989, amended the Code by adding thereto a new § 2-10-29 (1)—(8). For classification purposes, such provisions have been included herein as a new § 3-5-202, at the discretion of the editor. Subsections (7) and (8), pertaining to separability and effective date, were omitted.