[Adopted 4-12-2017 by Ord. No. 325]
A.
The Pittsfield
Charter Township Board of Trustees finds that lakes, rivers, streams
and other bodies of water are natural assets which enhance the environmental,
recreational, cultural and economic resources and contribute to the
general health and welfare of the community.
B.
The Pittsfield
Charter Township Board of Trustees finds that the use of sealers on
asphalt driveways is a common practice. However, scientific studies
on the use of driveway sealers have demonstrated a relationship between
the use of coal tar-based sealers and certain health and environmental
concerns, including increased cancer risk to humans and impaired water
quality in streams.
C.
The purpose
of this article is to prohibit the use and sale of pavement sealant
products containing greater than 0.1% polycyclic aromatic hydrocarbons
(PAHs) by weight, including coal tar-based sealer, in Pittsfield Charter
Township in order to protect, restore, and preserve the quality of
its waters and protect the health of its residents.
D.
It is the
further purpose and intent of this article to regulate the use and
application of coal tar sealant products, to require the registration
of commercial and institutional applicators of coal tar sealant products
within the Township, and to require the distribution of informational
literature to consumers about the use and effect of coal tar sealant
products.
Except as may otherwise be provided or clearly implied by context,
all terms shall be given their commonly accepted definitions. For
the purpose of this article, the following definitions shall apply
unless the context clearly indicates or requires a different meaning:
Any person who applies pavement sealant product in the Township,
including, but not limited to, homeowners, occupants of rental property,
and property managers.
A surface applied, petroleum-based pavement sealing product
that typically contains less than 0.1% PAHs, by weight.
A by-product of the process used to manufacture coke from
coal.
A surface applied pavement sealing product containing coal
tar, coal tar pitch, coal tar pitch volatiles, RT-12, Refined Tar
or any variation assigned the Chemical Abstracts Service (CAS) numbers
65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2 or related substances.
Any person who applies pavement sealant product in the Township
in exchange for money, goods, services, or other valuable consideration.
Any person who sells or displays for sale any pavement sealant
product in the Township.
A surface-applied pavement sealing product containing steam-cracked
petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy
fuel oil, ethylene tar, or any variation of those substances assigned
the chemical abstracts service number 64742-90-1, 69013-21-4 or related
substances containing more than 0.1% PAHs, by weight.
A group of organic chemicals formed during the incomplete
burning of coal, oil, gas, or other organic substances present in
coal tar and known to be harmful to humans, fish, and other aquatic
life.
Any surface-applied pavement sealing product used to maintain
asphalt surfaces. This may include but is not limited to asphalt-based
sealant products and coal tar sealant products.
A.
No person
shall apply a coal tar or other high PAH content pavement sealant
product on surfaces within Pittsfield Charter Township.
B.
No person
shall sell a coal tar or other high PAH content sealant product that
is formulated or marketed for application on surfaces within Pittsfield
Charter Township.
C.
No person
shall allow a coal tar or other high PAH content sealant product to
be applied upon property that is under that person's ownership or
control.
D.
No person
shall contract with any commercial applicator, residential or commercial
developer, or any other person for the application of any coal tar
or other high PAH content sealant product to any driveway, parking
lot, or other surface within the Township.
E.
No commercial
applicator, residential or commercial developer, or other similar
individual or organization shall direct any employee, independent
contractor, volunteer, or other person to apply any coal tar or other
high PAH content sealant product to any driveway, parking lot, or
other surface within the Township.
A.
All commercial
applicators shall register with the Township prior to applying pavement
sealant in the Township in any calendar year.
B.
Registration
under this article shall be valid until expiration. Registration shall
begin on January 1 and shall expire on December 31 of each calendar
year.
C.
Commercial
applicators shall submit a complete registration application to the
Code Enforcement Officer on forms furnished by the Township Clerk,
along with the registration fee according to the schedule established
by resolution of Township Board of Trustees. The fee shall be calculated
to include the cost of registration, application review and periodic
field inspection.
D.
The following
information shall be included in a complete application for registration:
(1)
The
legal name of the commercial applicator, any other names used, the
address, telephone number and contact person for the applicant.
(2)
The
product name, type of use, and PAH content, including CAS numbers.
(3)
A notarized,
sworn statement signed by an owner or duly authorized representative
of a commercial applicator indicating that the applicator will comply
with the requirements of the Pavement Sealant Ordinance of the Township
throughout the registration period.
(4)
All
other information requested on the application.
E.
The Code
Enforcement Office shall approve a registration if the application
is complete, the applicator has complied with the previous year's
reporting requirement, and the use of pavement sealant complies with
this article.
F.
The application
for registration shall be approved or denied within 21 days by the
Code Enforcement Office.
G.
The Code
Enforcement Office shall maintain a current list of all registered
commercial applicators.
H.
A registered
applicator shall notify the Pavement Sealant Program Administrator
in writing of any change in the information in the application for
registration within seven days of any such change.
The provisions of this article shall only apply to coal tar
or other high PAH content sealant products in the Township and shall
not affect the use of asphalt-based sealer products within the Township
as long as those products contain less than 0.1% PAHs, by weight.
A violation of any provision of this article shall be a civil
infraction punishable by a civil fine of not more than $10,000.
