[Adopted 6-7-2011 by L.L. No. 27-2011]
As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE-BASED SEALER Any sealer material that does not contain coal tar and is used on asphalt or concrete surfaces, including a driveway, parking lot or other paved surface.
COAL TAR A viscous substance obtained by the destructive distillation of coal and containing levels of polycyclic aromatic hydrocarbons in excess of 10,000 milligrams per kilogram. This definition shall include, but not be limited to, refined coal tar, high-temperature coal tar, coal tar pitch, or any substance identified by chemical abstract number 65996-93-2.
COAL TAR SEALER A sealer material containing coal tar that is used on an asphalt or concrete surface, including a driveway, parking lot or other paved surface.
COMMISSIONER The Commissioner of the Department of Health Services.
PAHs Polycyclic aromatic hydrocarbons, a group of organic chemicals which are formed during the incomplete burning of coal, oil, gas or other hydrocarbons. These chemicals are present in coal tar and are known to be harmful to humans, fish and other aquatic life.
PERSON Any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other entity or business organization of any kind.
Violation of this article shall be subject to a civil fine of $500 for an initial violation, with a penalty of $750 for any subsequent violations.
The Commissioner is hereby authorized and empowered to establish rules and regulations necessary for the implementation of this article.
This article shall apply to all actions occurring on or after the effective date of this article.
[Amended 9-15-2011 by L.L. No. 45-2011]
This article shall take effect on July 1, 2012.