[Added 2-19-2019 by Ord.
No. 1442]
As used in this article, the following terms shall have the
meanings indicated:
A byproduct of the process used to refine coal. Coal tar
contains high levels of polycyclic aromatic hydrocarbons (PAHs).
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.
The City Engineer/Director of Public Works.
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.
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.
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 may be enforced by the Building Inspector,
Zoning Administrator, or City Attorney.
A.
Except as provided in § 262-71, "Exemption," no person shall apply any coal tar sealant product or high-PAH sealant product within the City of St. Francis.
B.
No person shall sell, offer to sell, or display for sale any coal
tar sealant product or high-PAH sealant product within the City of
St. Francis.
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 City of St. Francis is prohibited by Chapter 262, Article V of the City of St. Francis Code of Ordinances. 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 run off into the water resources of the City of St. Francis."
D.
No person shall allow a coal tar sealant product or other high-PAH
sealant product to be applied upon property 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 City of St. Francis.
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 City of St. Francis.
The Director may exempt a person from the requirements of § 262-70 if 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 Director 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.
A.
Any person who shall cause, permit, or suffer any violation of this
provisions of this article shall, upon conviction, be subject to a
forfeiture of not less than $500 for each offense plus statutory costs
and assessments.
B.
Each day of each violation constitutes a separate offense and subject
to an additional forfeiture.
