[Adopted 5-10-1971 by L.L. No. 7-1971]
A. 
It has been conclusively demonstrated that lakes and streams have been hastened on the process of eutrophication and contamination by the presence of phosphates in combination with other nutrients. It is vital to the health, well-being and welfare of present and future inhabitants of Dutchess County that these water sources be protected against such contamination and pollution.
B. 
In the last decade, synthetic detergents have virtually replaced soaps as washing compounds and their wide-spread use has caused grave concern among those who study and seek to preserve the natural sources of water supply. The magnitude of that concern prompted the New York Legislature to mandate that the New York State Temporary Commission on Water Resources Planning investigate "the dangers that such discharges of detergent wastes may create to the adequacy and safety of the water supply now and in the future."
C. 
Sewage disposal systems now available in the County do not remove all phosphates and, upon disposal, they pollute and contaminate the lakes, streams and rivers of the County in combination with other nutrients.
D. 
Until such time as there exists adequate municipal sewage collection, treatment and disposal facilities which remove phosphates, the only practical method of preventing extensive contamination and pollution of the water resources of Dutchess County by certain phosphate detergents is to make them unavailable.
As used in this article, the following terms shall have the meanings indicated:
DAIRY EQUIPMENT, BEVERAGE EQUIPMENT AND FOOD PROCESSING EQUIPMENT
That equipment used in the production of milk and dairy products, foods and beverages, including the processing, preparation or packaging thereof for consumption.
INDUSTRIAL CLEANING EQUIPMENT
Machinery and other tools used in cleaning processes during the course of industrial manufacturing, production and assembly.
MACHINE DISHWASHER
Equipment manufactured for the purpose of cleaning dishes, glassware and other utensils involved in food preparation, consumption or use, using a combination of water agitation and high temperatures.
PERSON
Includes any person, firm, partnership, corporation, association, company or organization of any kind.
POLYPHOSPHATE BUILDER or PHOSPHORUS
A water-softening and soil-suspending agent made from condensed phosphates, including pyrophosphates, triphosphates, tripolyphosphates, metaphosphates and glassy phosphates, used as a detergent ingredient, but shall not include polyphosphate builders or phosphorus which is essential for medical, scientific or special engineering use under such conditions and regulations as may be prescribed, after hearing, by the Health Commissioner.
RECOMMENDED USE LEVEL
The amount of synthetic detergent or detergent which the manufacturer thereof recommends for use per wash load, at which level said synthetic detergent or detergent will effectively perform its intended function.
SYNTHETIC DETERGENT or DETERGENT
Any cleaning compound which is available for household use, laundry use, other personal uses or inorganic compounds, including soaps, water softeners, surface-active agents, dispersing agents, foaming agents, buffering agents, builders, fillers, dyes, enzymes and fabric softeners, whether in the form of crystals, powders, flakes, bars, liquids, sprays, or any other form.
It shall be unlawful for any person, firm or corporation to sell, offer or expose for sale, give or furnish any synthetic detergent or detergent whether in the form of crystals, powders, flakes, bars, liquids, sprays, or any other form in the County of Dutchess from and after September 1, 1971, unless the container, wrapper or other packaging thereof shall be clearly labeled with respect to its polyphosphate builder or phosphorus ingredient content clearly and legibly set forth thereon in terms of percentage of phosphorus by weight expressed as elemental phosphorus per container, wrapper or other packaging thereof, as well as grams of phosphorus expressed as elemental phosphorus, per recommended use level.
A. 
It shall be unlawful for any person, firm or corporation to sell, offer or expose for sale any synthetic detergent or detergent containing more than 8.7% of phosphorus by weight, expressed as elemental phosphorus, within the County of Dutchess from and after September 1, 1971. It shall also be unlawful for any person, firm or corporation to sell, offer or expose for sale any synthetic detergent or detergent which requires a recommended use level of said synthetic detergent or detergent which contains more than seven grams of phosphorus by weight expressed as elemental phosphorus within the County of Dutchess from and after September 1, 1971. Notwithstanding the foregoing provisions of this Subsection A, synthetic detergents or detergents manufactured for use in machine dishwashers, dairy equipment, beverage equipment, food processing equipment and industrial cleaning equipment shall not be subject to the limitations herein set forth, but are hereby made expressly to the provisions of Subsection B.
B. 
It shall be unlawful for any person, firm or corporation to sell, offer or expose for sale any synthetic detergent or detergent containing any phosphorus, expressed as elemental phosphorus, including synthetic detergents or detergents manufactured for machine dishwashers, dairy equipment, beverage equipment, food processing equipment and industrial cleaning equipment within the County of Dutchess from and after September 1, 1972.
C. 
The concentration of phosphorus by weight, expressed as elemental phosphorus, in any synthetic detergent or detergent shall be determined by the current applicable method prescribed by the American Society for Testing and Materials (ASTM).
Any person violating any provision of this article shall be deemed guilty of a violation as defined in § 10.00 of the Penal Law of the State of New York and subject to a fine of not more than $250 or imprisonment for a term not to exceed 15 days, or both such fine and imprisonment.
For the violation of any of the provisions of this article by any person, Dutchess County may impose a civil penalty in the amount of $50 for each offense.
Dutchess County may maintain an action or proceeding in any court of competent jurisdiction to compel compliance with or restrain any violation of this article.