§ 122-154. Phosphorus control.

(a)

The General Assembly, through the enactment of O.C.G.A. § 12-5-27.1 has set standards limiting the amount of nutrients in various cleaning agents. The nutrients contained in many of these products serve a valuable purpose in increasing their overall effectiveness, but they over stimulate the growth of aquatic life and may eventually lead to an acceleration of the natural eutrophication process of our state's water resources which can result in a lower quality of life and thereby create an undesirable environment in which the citizens of the state would not want to live and do business.

(b)

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

(1)

Cleaning agent means a laundry detergent, dishwashing compound, household cleaner, metal cleaner or polish, industrial cleaner, or other substance that is used or intended for use for cleaning purposes.

(2)

Nutrient means a substance or combination of substances which, if added to waters in sufficient quantities, provides nourishment that promotes growth of aquatic vegetation in densities which:

a.

Interfere with use of the waters by humans or by any animal, fish, or plant useful to humans; or

b.

Contribute to degradation or alteration of the quality of the waters to an extent detrimental to their use by humans or by any animal, fish, or plant that is useful to humans.

(c)

On or after January 1, 1991, it shall be unlawful to sell at retail or use any cleaning agent containing phosphorus, except as otherwise provided in this section.

(d)

This section shall not apply to cleaning agents which are used:

(1)

In agricultural or dairy production;

(2)

To clean commercial food or beverage processing equipment or containers;

(3)

As industrial sanitizers, metal brighteners, or acid cleaners, including those containing phosphoric acid or trisodium phosphate;

(4)

In industrial processes for metal, fabric, or fiber cleaning and conditioning;

(5)

In hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics;

(6)

By a commercial laundry or textile rental service company or any other commercial entity:

a.

To provide laundry service to hospitals, clinics, nursing homes, other health care facilities, or veterinary hospitals or clinics;

b.

To clean textile products supplied to industrial or commercial users of the products on a rental basis; or

c.

To clean professional, industrial, or commercial work uniforms;

(7)

In the manufacture of health care or veterinary supplies;

(8)

In any medical, biological, chemical, engineering, or other such laboratory, including those associated with any academic or research facility;

(9)

As water softeners, antiscale agents, or corrosion inhibitors, where such use is in a closed system such as a boiler, air conditioner, cooling tower, or hot water heating system; or

(10)

To clean hard surfaces including windows, sinks, counters, floors, ovens, food preparation surfaces, and plumbing fixtures.

(e)

This section shall not apply to cleaning agents which:

(1)

Are manufactured, stored, sold, or distributed for uses other than household laundry detergents or household or commercial dishwashing agents;

(2)

Contain phosphorus in an amount not exceeding 0.5 percent by weight which is incidental to manufacturing; or

(3)

Contain phosphorus in an amount not exceeding 8.7 percent by weight and which are intended for use in a commercial or household dishwashing machine.

(f)

This section shall not apply to any natural or commercial fertilizers.

(g)

Penalties for violation. Any person who violates any provision of this section shall be subject to a fine not to exceed $500.00. Each sales transaction shall constitute a separate offense.

(h)

Court proceedings. In addition to the penalty provided in subsection (d) of this section, 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, effective January 1, 1990.

(Ord. of 6-28-88, § 3-26-84; Amd. of 2-22-11)