As used in this chapter, the following terms shall have the
meanings indicated:
COAL TAR SEALANT
A pavement sealant that contains 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.
HIGH-PAH SEALANT
Any pavement sealant that contains greater than 1.0% polycyclic
aromatic hydrocarbons (PAHs) by weight, including, but not limited
to, coal tar sealants and pavement sealants 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 numbers 64742-90-1 or 69013-21-4 or
related substances.
PAVEMENT SEALANT
Any substance that is typically applied on paved surfaces
to protect the surfaces. This may include but is not limited to products
that are coal-tar- or asphalt-based.
The Public Works Director may exempt a person or entity from
a requirement of this chapter if:
A. The person is conducting bona fide research concerning the effects
of a high-PAH sealant on the environment;
B. The use of the high-PAH sealant is required for said research; and
C. It is determined that said research will not cause significant contamination
of the surrounding environment, including soils and aquatic ecosystems,
and will not unduly endanger human health.