[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.