§ 94-3. Pavement sealant—Intent and purpose to prohibit the use and sale of coal tar and other high PAH sealants.

The Ypsilanti city council finds that the use of pavement sealants containing coal tar poses an environmental and health risk as relayed by the Washtenaw County Watershed Council.

The purpose of this section is to prohibit the use and sale of pavement sealant products containing more than 0.1 percent Polycyclic Aromatic Hydrocarbons (PAHs) by weight, including coal tar-based sealer in the City of Ypsilanti in order to protect, restore and preserve the quality of the Huron River and other waters within the city and to protect the health of City of Ypsilanti residents.

(1)

Definitions.

Coal tar. A byproduct of making coke from coal.

Coal tar sealant product. A surface applied pavement sealing product containing coal tar or any derivative or more than 0.1 percent polycyclic aromatic hydrocarbons (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 number 64742-90-1m 69013-21-4 or related substances containing more than 0.1 percent PAHs, by weight.

(2)

Prohibitions. No person shall apply any coal tar sealant product, or any high PAH content sealant product to any street, sidewalk, driveway, pavement or other surface within the City of Ypsilanti.

No person shall sell, furnish or provide any coal tar sealant product or high PAH content sealant product in the City of Ypsilanti.

No person shall contract for or allow another to apply any coal tar sealant product or high PAH content sealant product in the city of Ypsilanti.

(3)

Limitations. This section does not apply to asphalt based sealant products that typically contain less than 0.1 percent PAHs by weight.

(4)

Penalty. Violation of this section is a civil infraction.

(Ord. No. 1276, § 1, 10-4-2016)