§ 132.197. COAL TAR ORDINANCE.

(A) Title. This section is to be known and cited as the Village of Pinckney Coal Tar Ordinance.

(B) Purpose.

(1) The purpose of this section is to promote the public health, safety, comfort, and general welfare of the community through prohibiting the use and sale of sealant products or substances containing greater than 0.1% polycyclic aromatic hydrocarbons (PAHs) by weight, including coal tar based sealer in the Village of Pinckney in order to protect, restore, and preserve the quality of its waters and protect the health of its residents.

(2) The Village of Pinckney 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.

(3) The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between the use of coal tar based sealers and certain health and environmental concerns, including increased cancer risk to humans and impaired water quality in streams.

(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ASPHALT BASED SEALER. A petroleum based sealer material that is commonly used on driveways, parking lots, and other surfaces.

COAL TAR. A byproduct of the process used to manufacture coke from coal.

COAL TAR SEALANT PRODUCT. A surface applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, RT-12, refined tar, or any variation thereof, including those substances assigned the Chemical Abstracts Service (CAS) numbers 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2, or related substances containing more than 0.1% PAHs, by weight.

HIGH PAH CONTENT SEALANT PRODUCT. A surface applied product containing steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, or any variation of those substances including those substances assigned the Chemical Abstracts Service (CAS) numbers 64742-90-1, 69013-21-4, or related substances containing more than 0.1% PAHs, by weight.

PAHs or POLYCYCLIC AROMATIC HYDROCARBONS. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. PAHs are present in coal tar and known to be harmful to humans, fish, and other aquatic life.

VILLAGE. The Village of Pinckney.

(D) Prohibitions.

(1) No person or entity shall apply a coal tar or other high PAH content sealant product or substance on any surfaces within the village.

(2) No person or entity shall sell a coal tar or other high PAH content sealant product that is formulated or marketed for application on surfaces within the village.

(3) No person or entity shall allow a coal tar or other high PAH content sealant product to be applied upon property that is under that person's ownership or control.

(4) No person or entity shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar or other high PAH content sealant product to any driveway, parking lot, or other surface within the village.

(5) No commercial sealer product applicator, residential or commercial developer, or other similar individual, organization, or entity shall direct any employee, independent contractor, volunteer, entity, or other person to apply any coal tar or other high PAH content sealant product to any driveway, parking lot, or any other surface within the village.

(E) Asphalt based sealcoat products. The provisions of this section shall only apply to coal tar or other high PAH content sealant products in the village and shall not otherwise affect the use of asphalt based sealer products within the village.

(F) Registration and reporting requirements and procedures for commercial applicators.

(1) All commercial applicators shall register with the village prior to applying pavement sealant in the village in any calendar year.

(2) Registration under this section shall be valid until expiration. Registration shall begin on January 1 and shall expire on December 31 of each calendar year.

(3) Commercial applicators shall submit a complete registration application to the Village Offices, along with the registration fee according to the schedule established by resolution of Village Council. The fee shall be calculated to include the cost of registration application review and periodic field inspection.

(4) The following information shall be included in a complete application for registration:

(a) The legal name of the commercial applicator, any other names used, the address, telephone number, and contact person for the applicant;

(b) The product name, type of use, and PAH content including CAS numbers;

(c) A notarized, sworn statement signed by an owner or duly authorized representative of a commercial applicator indicating that the applicator will comply with the requirements of the this section throughout the registration period; and

(d) All other information requested on the application.

(5) The application shall be approved if it is complete, the applicator has complied with the previous year's reporting requirement, and the use of pavement sealant complies with this section.

(6) The application for registration shall be approved or denied within 21 days of submission of a completed application.

(7) A registered applicator shall notify the village in writing of any change in the information in the application for registration within seven days of any such change.

(G) Establishment and enforcement. Within 30 days of passage of this section by the Village Council, a letter will be prepared and mailed to all identifiable area service companies and retailers that may apply, supply, or distribute sealants containing any of the substances herein prohibited. Enforcement shall be the responsibility of the Zoning Administrator and the Police Department in coordination to identify, investigate, and cite the owner of any property in violation immediately upon being made aware. The recognizable odor of coal tar or other high PAH substances as identified by any village employee is considered sufficient to prove violation in the absence of containers, packaging, receipts, or any other documents. Any person or entity found to be in violation during or after application shall be ticketed and fined; there is no option of a warning or relaxation of this section in any way.

(H) Penalty. Any person or entity that violates any of the provisions of this section will be responsible for a municipal civil infraction with fines up to $500.

(Ord. 140, passed 10-9-2017)