[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:
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.
A by-product of the process used to refine coal.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
B.
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.
C.
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.
