[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 6-7-2011 by L.L. No. 27-2011]
A.Â
This Legislature hereby finds and determines that Suffolk County
is committed to protecting the environment and the health and safety
of its residents. This Legislature also finds and determines that
Suffolk County is located on a sole-source aquifer which supplies
the County's drinking water. This Legislature further determines
that coal tar sealer is a waste product from steel manufacturing which
is used to protect pavement and asphalt against water damage and cracking.
This Legislature finds that parking lot sealers made with a coal tar
base contain large quantities of polycyclic aromatic hydrocarbons
("PAHs"), a known carcinogen. This Legislature determines that PAHs
are known to cause asthma and other ailments in children exposed to
high concentrations of the chemical. This Legislature also finds that
PAHs are present in high amounts in many waterways, as they can seep
into groundwater and nearby waterways and enter the run-off stream
from coal tar sealed asphalt. Animals exposed to PAHs in water, including
frogs and insects, have shown stunted growth, with most dying shortly
after exposure to high concentrations of the chemicals. This Legislature
further finds that PAHs from coal tar asphalt sealers not only wear
off with friction, but also evaporate into the atmosphere, which allows
them to enter the air and combine with household dust. This Legislature
also determines that ground-floor residential spaces located near
coal tar sealed parking lots have been tested for PAHs and have pollution
levels 25 times higher than those with parking lots coated with other
sealers. This Legislature further determines that drainage ditches
near some coal tar sealed lots have also been found to have higher
PAH levels than found at toxic waste sites and severely polluted waterways.
This Legislature finds that, in recognition of the dangers posed by
coal tar sealers, Lowes and Home Depot have discontinued the sale
of such products at their stores nationwide. This Legislature determines
that municipalities throughout the nation, including many in Texas
and Minnesota, have banned the sale and use of coal tar sealers in
their jurisdictions. This Legislature also finds that asphalt and
latex-based sealants are safe alternatives to coal tar sealers and
do not contain any PAHs.
B.Â
Therefore, the purpose of this article is to ban the sale and use
of coal tar sealers in the County of Suffolk.
As used in this article, the following terms shall have the
meanings indicated:
Any sealer material that does not contain coal tar and is
used on asphalt or concrete surfaces, including a driveway, parking
lot or other paved surface.
A viscous substance obtained by the destructive distillation
of coal and containing levels of polycyclic aromatic hydrocarbons
in excess of 10,000 milligrams per kilogram. This definition shall
include, but not be limited to, refined coal tar, high-temperature
coal tar, coal tar pitch, or any substance identified by chemical
abstract number 65996-93-2.
A sealer material containing coal tar that is used on an
asphalt or concrete surface, including a driveway, parking lot or
other paved surface.
The Commissioner of the Department of Health Services.
Polycyclic aromatic hydrocarbons, a group of organic chemicals
which are formed during the incomplete burning of coal, oil, gas or
other hydrocarbons. These chemicals are present in coal tar and are
known to be harmful to humans, fish and other aquatic life.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business organization of any kind.
A.Â
This article shall not apply to any person who is conducting bona
fide research on the effects of coal tar sealer products or PAHs on
the environment with the written consent of the Commissioner.
B.Â
This article shall apply only to the sale and use of coal tar sealers
and shall not affect the use of alternative-based sealers or other
alternatives that do not contain PAHs in the County of Suffolk.
C.Â
This article shall not apply to the manufacture of coal tar sealers
within the County of Suffolk or the sale of coal tar sealers to persons
outside the boundaries of Suffolk County.
[Added 6-5-2012 by L.L. No. 39-2012]
Violation of this article shall be subject to a civil fine of
$500 for an initial violation, with a penalty of $750 for any subsequent
violations.
A.Â
This article shall be enforced by the Department of Health Services
in accordance with the procedures set forth in §§ 760-202
through 760-215 of the Suffolk County Sanitary Code.
B.Â
The Department of Consumer Affairs is hereby authorized and empowered
to investigate alleged violations of this article upon the request
of the Commissioner. Upon the completion of an investigation, the
Department of Consumer Affairs shall forward its findings to the Commissioner.
The Commissioner is hereby authorized and empowered to establish
rules and regulations necessary for the implementation of this article.
This article shall apply to all actions occurring on or after
the effective date of this article.
[Amended 9-15-2011 by L.L. No. 45-2011]
This article shall take effect on July 1, 2012.
