[HISTORY: Adopted by the Township Board of the Township of Grosse Ile as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-23-2017 by Ord. No. 17-001]
The Township of Grosse Ile understands 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. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have suggested a relationship between stormwater runoff and certain health and environmental concerns. The purpose of this article is to prohibit the use and sale of sealant products containing greater than 0.1% polycyclic aromatic hydrocarbons (PAHs) by weight, including coal tar containing sealer, in the Township, in order to protect, restore and preserve the quality of its waters, preserve wildlife and protect the health of its residents.
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:
- ASPHALT-BASED SEALER
- A petroleu-based sealer material that is commonly used on driveways, parking lots, and other surfaces and may contain PAHs but at a much lower concentration than found in coal tar based sealers.
- COAL TAR
- A by-product of the process used to refine coal.
- COAL TAR SEALANT PRODUCT
- A surface-applied sealing product for application on asphalt, concrete or other pavement, including a driveway, path or parking area, containing coal tar, coal tar pitch, coal tar pitch volatiles, heavy pyrolized oil, refined coal tar (RT-12), or any variation assigned the Chemical Abstracts Service (CAS) numbers 65996-93-2, 65996-89-6, 65996-92-1, 8007-45-2, 64742-90-1, or 69013-21-4.
- HIGH PAH CONTENT SEALANT PRODUCT
- Any pavement sealant product that contains greater than 0.1% PAHs by weight.
- Polycyclic aromatic hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life.
- An individual, corporation, partnership, sole proprietorship, LLC or other entity.
- The Township of Grosse Ile.
No person shall use or apply a coal tar, coal tar sealant product or other high PAH content sealant product on asphalt paved surfaces within the Township.
No person shall allow a coal tar, coal tar sealant product or other high PAH content sealant product to be used or applied upon property that is under that person's ownership or control.
No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar, coal tar sealant product or other high PAH content sealant product to any driveway, parking lot, or other surface within the Township.
No commercial sealer product 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, coal tar sealant product or other high PAH content sealant product to any driveway, parking lot, or other surface with the Township.
The provisions of this article shall only apply to coal tar, coal tar sealant products 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.
Injunction. Any violation of this article is hereby declared to be a nuisance per se. In addition to, or in lieu of, seeking to enforce this article by proceeding under § 99-5A above, the Township may institute an action in a court of general jurisdiction seeking injunctive or equitable relief and shall be entitled to recover all attorney fees, court costs, litigation expenses, costs and expenses to abate the nuisance, and all other costs allowed by law.
Enforcement and administration. This article shall be enforced and administered by the Township Director of Planning and Economic Development or such other Township official as may be designated from time to time by resolution by the Township Board.
In the event that any one or more sections, provisions, phrases or words of this article shall be found to be invalid by a court of competent jurisdiction, such holding shall not affect the validity or the enforceability of the remaining sections, provisions, phrases or words of this article.
If any provision of this article conflicts with any provision of any other Township general ordinance or zoning ordinance, the most restrictive provision shall apply.
The provisions of this article shall take effect upon publication in a newspaper of general circulation within the Township.