(a) Definition. "Coal tar pavement product" means a material that contains coal tar or polycyclic aromatic hyrocarbons and is used for an asphalt or concrete surface.
(b) Applicability. This section applies to all public and private uses of coal tar pavement product.
(c) Use and sale prohibited. A person may not sell, offer for sale, use, or permit the use of a coal tar pavement product in the County. A property owner who knowingly permits the application of a product containing coal tar pavement product on their property is in violation of this section and may be cited, in addition to the applicator of the product, pursuant to subsection (e).
(d) Alternatives. The Director shall publish a list of alternative products for use on asphalt and concrete that does not contain a coal tar pavement product.
(e) Remediation and penalties. Violators shall be required to remediate the surface of the coal tar pavement product. A violation of this section is a Class B civil offense pursuant to § 9-2-101 of this Code. Each day that the violation occurs shall be considered a separate offense. The penalties set forth in this section are in addition to any other remedies and penalties provided under federal, State or County law.
(Bill No. 104-15)