PRIOR PRINTER'S NO. 552 PRINTER'S NO. 1663
No. 528 Session of 1999
INTRODUCED BY STERN, COY, GEORGE, LYNCH, BATTISTO, MELIO,
LAUGHLIN, READSHAW, HALUSKA, NAILOR, CURRY, NICKOL, HORSEY,
RUBLEY, MUNDY, HERSHEY, FAIRCHILD, VANCE, BUNT, SURRA, ROSS,
CLARK, SAYLOR, HESS, McCALL, GEIST, S. MILLER, STEELMAN,
YOUNGBLOOD, TRUE, MASLAND, E. Z. TAYLOR, M. COHEN, SERAFINI
AND THOMAS, FEBRUARY 10, 1999
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 3, 1999
AN ACT
1 Amending REENACTING the act of July 5, 1989 (P.L.166, No.31), <--
2 entitled "An act prohibiting the sale, manufacture,
3 distribution or use of certain cleaning agents containing
4 phosphates; conferring powers and duties on the Environmental
5 Quality Board and the Department of Environmental Resources;
6 and providing penalties," repealing MAKING EDITORIAL CHANGES <--
7 AND ELIMINATING sunset provisions.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 9 of the act of July 5, 1989 (P.L.166, <--
11 No.31), known as the Phosphate Detergent Act, is repealed.
12 SECTION 1. SECTION 1 OF THE ACT OF JULY 5, 1989 (P.L.166, <--
13 NO.31), KNOWN AS THE PHOSPHATE DETERGENT ACT, IS REENACTED TO
14 READ:
15 SECTION 1. SHORT TITLE.
16 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE PHOSPHATE
17 DETERGENT ACT.
18 SECTION 2. SECTION 2 OF THE ACT, AMENDED DECEMBER 20, 1995
1 (P.L.713, NO.78), IS REENACTED TO READ:
2 SECTION 2. PROHIBITION ON CERTAIN CLEANING AGENTS.
3 EXCEPT AS PROVIDED IN SECTION 3, A PERSON MAY NOT USE, SELL,
4 MANUFACTURE OR DISTRIBUTE FOR USE OR SALE WITHIN THIS
5 COMMONWEALTH ANY CLEANING AGENT THAT CONTAINS MORE THAN 0.0%
6 PHOSPHORUS BY WEIGHT, EXPRESSED AS ELEMENTAL PHOSPHORUS, EXCEPT
7 FOR A TOTAL AMOUNT NOT EXCEEDING 0.5% PHOSPHOROUS THAT IS
8 INCIDENTAL TO MANUFACTURING OR THAT IS ADDED TO STABILIZE THE
9 CLEANING AGENT OR ITS PACKAGING.
10 SECTION 3. SECTIONS 3 AND 4 OF THE ACT ARE REENACTED TO
11 READ:
12 SECTION 3. EXCLUSIONS AND EXCEPTIONS.
13 (A) EXCLUSIONS.--THIS ACT SHALL NOT APPLY TO A CLEANING
14 AGENT THAT IS:
15 (1) USED IN DAIRY, BEVERAGE OR FOOD PROCESSING
16 EQUIPMENT.
17 (2) A PRODUCT USED AS AN INDUSTRIAL SANITIZER,
18 BRIGHTENER, ACID CLEANER OR METAL CONDITIONER, INCLUDING
19 PHOSPHORIC ACID PRODUCTS OR TRISODIUM PHOSPHATE.
20 (3) USED IN HOSPITALS, VETERINARY HOSPITALS OR CLINICS,
21 OR HEALTH CARE FACILITIES.
22 (4) USED IN AGRICULTURAL PRODUCTION.
23 (5) USED IN A COMMERCIAL LAUNDRY THAT PROVIDES LAUNDRY
24 SERVICES FOR A HOSPITAL OR HEALTH CARE FACILITY OR FOR A
25 VETERINARY HOSPITAL OR CLINIC.
26 (6) USED BY INDUSTRY FOR METAL CLEANING OR CONDITIONING.
27 (7) MANUFACTURED, STORED OR DISTRIBUTED FOR USE OR SALE
28 OUTSIDE THIS COMMONWEALTH.
29 (8) USED IN ANY LABORATORY, INCLUDING A BIOLOGICAL
30 LABORATORY, RESEARCH FACILITY, CHEMICAL LABORATORY OR
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1 ENGINEERING LABORATORY.
2 (9) USED FOR CLEANING HARD SURFACES, INCLUDING HOUSEHOLD
3 CLEANSERS FOR WINDOWS, SINKS, COUNTERS, STOVES, TUBS OR OTHER
4 FOOD PREPARATION SURFACES AND PLUMBING FIXTURES.
5 (10) USED AS A WATER SOFTENING CHEMICAL, ANTISCALE
6 CHEMICAL OR CORROSION INHIBITOR INTENDED FOR USE IN CLOSED
7 SYSTEMS, SUCH AS BOILERS, AIR CONDITIONERS, COOLING TOWERS OR
8 HOT WATER SYSTEMS.
9 (B) EXCEPTIONS.--A PERSON MAY USE, SELL, MANUFACTURE OR
10 DISTRIBUTE FOR USE OR SALE A CLEANING AGENT THAT CONTAINS
11 GREATER THAN 0.0% PHOSPHORUS BY WEIGHT, BUT DOES NOT EXCEED 8.7%
12 PHOSPHORUS BY WEIGHT, IF IT IS:
13 (1) A DETERGENT USED IN A DISHWASHING MACHINE, WHETHER
14 COMMERCIAL OR HOUSEHOLD.
15 (2) A SUBSTANCE THE ENVIRONMENTAL QUALITY BOARD, BY
16 REGULATION, EXCLUDES FROM THE 0.0% PHOSPHORUS LIMITATION
17 CONTAINED IN SECTION 2 BASED ON A FINDING THAT COMPLIANCE
18 WITH THIS ACT WOULD:
19 (I) CREATE A SIGNIFICANT HARDSHIP ON THE USER; OR
20 (II) BE UNREASONABLE BECAUSE OF THE LACK OF AN
21 ADEQUATE SUBSTITUTE CLEANING AGENT.
22 SECTION 4. REGULATORY AUTHORITY.
23 THE ENVIRONMENTAL QUALITY BOARD SHALL ADOPT REGULATIONS TO
24 IMPLEMENT THE PROVISIONS OF THIS ACT.
25 SECTION 4. SECTION 5 OF THE ACT IS REENACTED AND AMENDED TO
26 READ:
27 SECTION 5. ADMINISTRATION.
28 (A) ENFORCEMENT.--IT SHALL BE THE POWER AND DUTY OF THE
29 DEPARTMENT OF ENVIRONMENTAL [RESOURCES] PROTECTION TO ADMINISTER
30 AND ENFORCE THE PROVISIONS OF THIS ACT, AND THE DEPARTMENT SHALL
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1 HAVE THE AUTHORITY TO ISSUE SUCH ORDERS AS ARE NECESSARY TO
2 EFFECTUATE THE SAME.
3 (B) APPEAL.--ANY PERSON WHO IS AGGRIEVED BY AN ORDER OF THE
4 DEPARTMENT ISSUED HEREUNDER SHALL HAVE THE RIGHT, WITHIN 30 DAYS
5 OF RECEIPT OF NOTICE THEREOF, TO APPEAL THE ACTION TO THE
6 ENVIRONMENTAL HEARING BOARD IN ACCORDANCE WITH THE ACT OF JULY
7 13, 1988 (P.L.530, NO.94), KNOWN AS THE ENVIRONMENTAL HEARING
8 BOARD ACT.
9 SECTION 5. SECTIONS 6, 7, 8 AND 10 OF THE ACT ARE REENACTED
10 TO READ:
11 SECTION 6. PENALTIES.
12 (A) USE.--ANY PERSON WHO USES A CLEANING AGENT IN VIOLATION
13 OF THIS ACT COMMITS A SUMMARY OFFENSE AND SHALL, UPON
14 CONVICTION, BE SENTENCED TO PAY A FINE OF NOT MORE THAN $100.
15 (B) SELLS, DISTRIBUTES OR MAKES.--ANY PERSON WHO SELLS,
16 DISTRIBUTES OR MANUFACTURES A CLEANING AGENT IN VIOLATION OF
17 THIS ACT COMMITS A MISDEMEANOR AND SHALL, UPON CONVICTION, BE
18 SENTENCED TO PAY A FINE OF NOT MORE THAN $1,000.
19 SECTION 7. SEVERABILITY.
20 THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY PROVISION OF
21 THIS ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS
22 HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS
23 OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT
24 THE INVALID PROVISION OR APPLICATION.
25 SECTION 8. REPEALS.
26 ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS THEY ARE
27 INCONSISTENT WITH THIS ACT.
28 SECTION 10. EFFECTIVE DATE.
29 THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
30 (1) ON MARCH 1, 1990, IN ALL COUNTIES SITUATED PARTIALLY
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1 OR WHOLLY WITHIN THE SUSQUEHANNA RIVER WATERSHED OR IN THE
2 LAKE ERIE WATERSHED.
3 (2) ON MARCH 1, 1991, IN ALL OTHER COUNTIES.
4 Section 2 6. This act shall take effect immediately. <--
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