[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:
A by-product 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) number 65996-92-1, 65996-93-2,
65996-89-6, or 8007-45-2 or related substances.
The 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
or 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.
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.
A.Â
Limited citation power. The Director is hereby authorized to issue
Municipal Court citations for violations of this chapter.
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
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.
C.Â
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."
D.Â
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.
E.Â
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.
F.Â
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:
A.Â
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.
A.Â
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.
B.Â
Recurring violations. Each day that a violation occurs or continues
is a separate offense and subject to an additional fine.
C.Â
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.
D.Â
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.
E.Â
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.
