H-0130.3 _______________________________________________
HOUSE BILL 1388
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State of Washington 52nd Legislature 1991 Regular Session
By Representatives Fraser, D. Sommers, Belcher, Winsley, Rust, Wynne, Paris, Pruitt, Brough, Tate, Forner and Brekke.
Read first time January 28, 1991. Referred to Committee on Environmental Affairs.
AN ACT Relating to limits on phosphorus contents in certain detergents; adding new sections to Title 70 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature hereby finds and declares that:
(1) Phosphorus loading of surface waters can stimulate the growth of weeds and algae, and that such growth can have adverse environmental, health, and aesthetic effects;
(2) Household and commercial detergents contribute to phosphorus loading, and that a limit on detergents containing phosphorus can significantly reduce the discharge of phosphorus into the state's surface and ground waters;
(3) Household and commercial detergents containing no or very low phosphorus are readily available and that over thirty percent of the United States population lives in areas with a ban on detergents containing phosphorus; and
(4) Phosphorus limits on household and commercial detergents can significantly reduce treatment costs at those sewage treatment facilities that remove phosphorus from the waste stream.
It is therefore the intent of the legislature to impose a state-wide limit on the phosphorus content of household and commercial detergents.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 4 of this act.
(1) "Department" means the department of ecology.
(2) "Dishwashing detergent" means a cleaning agent sold, used, or manufactured for the purpose of cleaning dishes, whether by hand or by household or commercial machine.
(3) "Laundry detergent" means a cleaning agent sold, used, or manufactured for the purpose of cleaning laundry, whether by hand or by household or commercial machine.
(4) "Person" means an individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(5) "Phosphorus" means elemental phosphorus.
NEW SECTION. Sec. 3. (1) After July 1, 1991, a person may not use, sell, or distribute a laundry detergent that contains 0.5 percent or more phosphorus by weight.
(2) A person may not use, sell, or distribute a dishwashing detergent that contains (a) after July 1, 1991, 8.7 percent or more phosphorus by weight, (b) after July 1, 1993, 6 percent or more phosphorus by weight, and (c) after July 1, 1995, 4 percent or more phosphorus by weight.
NEW SECTION. Sec. 4. (1) A person who, after notice that he or she is in violation, sells or distributes laundry or dishwashing detergents in violation of section 3 of this act is guilty of a misdemeanor and on conviction is subject to a fine not exceeding one thousand dollars.
(2) The department is responsible for notifying major distributors and wholesalers of the state-wide limit on phosphorus in detergents.
NEW SECTION. Sec. 5. Sections 1 through 4 of this act are each added to Title 70 RCW.