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.
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.