Village of Whitefish Bay, WI
Milwaukee County
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[Adopted 1-15-2018 by Ord. No. 1837 (as Sec. 10.135 of the Codification)]
As used in this article, the following terms shall have the meanings indicated:
COAL TAR
Coal tar is a by-product of the process used to refine coal. Coal tar contains high levels of polycyclic aromatic hydrocarbons (PAHs).
COAL TAR SEALANT PRODUCT
Coal tar sealant product means a pavement sealant product 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 PRODUCT
High PAH sealant product means any pavement sealant product that contains greater than 0.1% polycyclic aromatic hydrocarbons (PAHs) by weight, including, but not limited to, coal tar sealant products and sealant products 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.
PAVEMENT SEALANT PRODUCT
Pavement sealant product or sealcoat is any substance that is typically applied on paved surfaces to protect the surfaces. This may include but is not limited to sealant products that are coal tar or asphalt-based.
POLYCYCLIC AROMATIC HYDROCARBONS (PAHs)
PAHs are a group of organic chemicals that are formed during the incomplete combustion of coal, oil, gas, or other organic substances, are present at high levels in coal tar, and are known to be harmful to humans, fish, and other aquatic life.
Violations of this article will be enforced by the Village Manager's Office.
A. 
Except as provided in § 10-32, Exemptions, no person shall apply any coal tar sealant product or high PAH sealant product within Village of Whitefish Bay.
B. 
No person shall sell, offer to sell, or display for sale any coal tar sealant product or high PAH sealant product within Village of Whitefish Bay.
C. 
Any person who sells pavement sealant products shall prominently display, in the area where such pavement sealant products are sold, a notice that contains the following language: "The application of coal tar sealant products or other high PAH sealant products on driveways, parking lots and all other paved surfaces in the Village of Whitefish Bay is prohibited by this Article VI, Coal Tar Sealant, of this chapter of the Code of the Village of Whitefish Bay. Polycyclic aromatic hydrocarbons (PAHs) are a group of organic chemicals that are known to cause cancer and are toxic to aquatic life. Coal tar and other high-PAH sealant products are a major source of PAHs that can travel into homes, buildings and soils, or be carried by stormwater and other runoff into the water resources of Whitefish Bay.
D. 
No person shall allow a coal tar sealant product or other high-PAH sealant product to be applied upon property with the Village of Whitefish Bay that is under that person's ownership or control.
E. 
No person shall contract with any commercial applicator, residential or commercial developer, or any other person for the application of any coal tar sealant product or high-PAH sealant product to any driveway, parking lot, or other surface within the Village of Whitefish Bay.
F. 
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 sealant product or high PAH sealant product to any driveway, parking lot, or other surface within the Village of Whitefish Bay.
The Village Manager may exempt a person from the requirements of this Article VI of this chapter if the Village Manager determines that:
A. 
The person is conducting bona fide research concerning the effects of a coal tar sealant product or high PAH sealant product on the environment; the use of the coal tar product or high PAH sealant product is required for said research; and the Village Manager determines that said research will not cause significant contamination of the surrounding environment, including soils and aquatic ecosystems, and will not unduly endanger human health.
B. 
The person does not intend to apply the sealant within municipal boundaries.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 17, Village Code and Ordinances, Article III, General Penalty, of this Code. A separate offense shall be deemed committed on each day on which a violation of this article occurs or continues. As and for a further penalty for any violation of this or any other provision in the Municipal Code, the Village Board hereby empowers the Village Manager or designee to, after providing notice in person or via United States mail to the last known owner of the property at least two business days in advance, perform such work on said property as is required to render the property compliant with the Municipal Code. The reasonable cost of such work shall be billed to the last known property owner, and such bill shall be due and payable within 15 days after it has been mailed. Amounts due after said period of time shall be delinquent and shall become a lien upon the property and may be placed on the tax bill of the property in question as a special charge for current services as provided in § 66.0627, Wis. Stats.