G-1422 Ordinance No . G-1422
AN ORDINANCE
AMENDING CHAPTER. 18 OF THE CITY CODE ENTITLED, "HEALTH" TO
PROVIDE FOR AN ADDITIONAL ARTICLE THEREUNDER RELATING TO
WATER. POLLUTION CONTROL .
' BE IT ORDAINED- BY THE COUNCIL OF THE CITY OF ELGIN,
ILLINOIS: •-
Section 1 . That Chapter 18 of the City Code of Elgin , be ;
and. it hereby is , amended to provide for the regulation ,
' prevention abatement and . control of water pollution in the
City of Elgin , Illinois , by adding the following additional
article thereunder, to-wit:
ARTICLE IX - WATER POLLUTION CONTROL
90/ . , Title
902. Definitions ' •
903 . Labeling
904 . Limitations •
905. • Penalties -
18-901 . Title. This ordinance shall be known , cited , and
referred to as : The City of Elgin Water Pollution Control
Ordinance.
18.-902. Definitions . (a) The term "synthetic detergent"
fiwk or "detergent" means any cleaning compound which is available
for household use, laundry use, other personal uses or
industrial use which is composed of organic and inorganic
compounds , including soaps , water softeners , surface active
agents , dispersing agents , foaming agents , buffering agents ,
builders , fillers , dyes , enzymes and fabric softeners , whether
the form 'of crystals , powders , flakes , bars , liquids , sprays , .
or any other form.
(b) The term "polyphosphate builder" or "phosphorous "
means 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 "phosphorous" which is essential for medical ,
scientific or special engineering use under such conditions
and regulations as may be prescribed, after hearing , by the
City Manager.
(c) The term "recommended use level" means 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.
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(d) The term "machine dishwasher" means 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 .
(e) The terms "dairy equipment" , "beverage equipment"
and "food processing equipment" mean that equipment used in
the production of milk and dairy products , foods and beverages ,
including the processing, preparation or packaging thereof for
consumption.
(f) The term "industrial cleaning equipment" means
machinery and other tools used in cleaning processes during
the course of industrial manufacturing , production and
• assembly .
•'18-903. Labeling . 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 City of Elgin from and after
July 1 , 1971 , unless the container, wrapper or other
pzckag i ng 6h areo 1 shall be clearly 1 ab e t ed with f is pec t. to
its polyphosphate builder or phosphorus ingredient content
"k 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 .
:. 18-904 . Limitations. (a) 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
containing more than eight and seven/tenths percent ( 8 . 7%) of
phosphorus by weight , expressed as elemental phosphorus ,
within the City of Elgin from and after July 1 , 1971 . It shall
also be unlawful for any person , firm or corporation to sell ,
`bffer or-expose" for sale, give--or--furnish any synthetic-
detergent or detergent which requires a recommended use level
of said synthetic detergent or detergent which contains more
than seven grams ( 7 gms .) of phosphorus by weight expressed
• as elemental phosphorus , with the City of Elgin from and after
July 1 , 1971 . .'Notwithstanding the foregoing provisions of
this Section 18-904( 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 Section 18-904(b) .
(b) 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 containing any phosphorus ,
expressed as elemental phosphorus , including synthetic detergents
or detergents manufactured for machine dishwashers , dairy
r equipment , beverage equipment , food processing equipment
• and industrial cleaning equipment , within the City of Elgin ,
. from and after June 30 , 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 (A . S.T .M. )
18-905. Penalties . Any person , firm , or corporation found
guilty of violating , disobeying , omitting , neglecting , or refusing
to comply with , or resisting or opposing the enforcement of any
of• the provisions of this Article IX , except when otherwise
specifically provided , upon conviction thereof shall be punished
by a fine of not less than One Hundred Dollars ( $ 100 . 00) nor more
than $300. 00 for the first offense, and not less than $300 .00 nor
more than $500.00 for the second and each subsequent offense ,
in any 180 day period. A separate and distinct offense shall
be regarded as committed each day on which such person shall
continue or permit any such violation , or failure to comply
is permitted to exist after notification hereof .
Section 2. That all ordinances or parts thereof in conflict
herewith be , and the same hereby are, repealed and of no further
eft force and effect.
Section 3 . That this ordinance shall be effective from
• • and after its passage as provided by law and shall be published
. in pamphlet form by authority of the City Council .
• E. C. Alit (Etjuiittra
• E . C. Alft, Mayor
Presented: January 13, 1971 •
Passed : daaJnry 13, •
Vote: • Yeas $ Nays 4 .
Recorded: J1s1‘u4Cy 13, /AM
Published: Jamwtrt 13, la�l
Attest: .
MAmeret A. Shales (Slxnetcre)
kargaret A. Shales , City Clerk
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