[HISTORY: Adopted by the City Council of the City of Weyauwega 4-16-2019 by Ord. No. 2019-1. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- COAL TAR
- A by-product of the process used to refine coal. Coal tar contains high levels of polycyclic aromatic hydrocarbons (PAHs).
- COAL TAR SEALANT PRODUCT
- 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) number 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2 or related substances.
- The Director of Public Works.
- HIGH-PAH SEALANT PRODUCT
- 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 or 69013-21-4 or related substances.
- PAVEMENT SEALANT PRODUCT or SEALCOAT
- 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)
- 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.
Limited citation power. The Director is hereby authorized to issue Municipal Court citations for violations of this chapter.
Injunction and abatement. The Director, upon consultation with the City Attorney and authorization by the Common Council, is authorized to act as a complainant on behalf of the City of Weyauwega in legal actions to enjoin or abate an actual or contemplated violation of this Code.
Compliance with § 530-57 of this Code. All applications of pavement sealant products on any off-street parking facilities shall be subject to review and approval as provided by § 530-57 of this Code. The Director or his designee is authorized to issue stop-work orders upon observing a violation of any provision of this chapter or to halt construction/repair activities until the proposed new off-street parking facility or repair to an existing parking facility has been reviewed by the Plan Commission as provided at § 530-57 of this Code.
Application prohibited. Except as provided in § 420-4, Exceptions, no person shall apply any coal tar sealant product or high-PAH sealant product within the City of Weyauwega.
Sale prohibited. 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 Weyauwega.
Display of prohibition. 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 Weyauwega is prohibited by Chapter 420 of the City of Weyauwega Code of Ordinances. Polycyclic aromatic hydrocarbons (PAH) 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 the City of Weyauwega."
Owner application prohibition. 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.
Contract to apply prohibited. 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 Weyauwega.
Direction to apply prohibited. 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 Weyauwega.
The Director may exempt a person from the requirements of this chapter in the following circumstances:
Testing. The Director may exempt a person from the requirements of § 420-3 of this Code 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.
Penalty for application. Any person who violates § 420-3 by applying a coal tar sealant product or high-PAH sealant product at his or her residence shall be subjected to a forfeiture not to exceed $500.
Recurring violations. Each day that a violation occurs or continues is a separate offense and subject to an additional fine.
Commercial violations. Any commercial sealant product applicator, residential or commercial developer, industrial or commercial owner, or any other person, other than a person identified under Subsection A above, who violates § 420-3 shall be subject to a forfeiture of not less $500. Each incidence of a violation shall constitute a separate offense.
Failure to pay. Upon default of payment, the violator shall be subject to imprisonment for not less than 30 days nor more than 100 days.
Penalty not exhaustive. Nothing in this chapter shall limit the ability of the City to pursue injunction, abatement or any other remedies allowed by law for any violation of this Code.