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(a) Definitions. As used in this Section:
Coal tar pavement sealant means a pavement sealant that contains coal tar, coal tar pitch, coal tar pitch volatiles, RT-12, refined tar, or a variation of those substances assigned the chemical abstracts service (“CAS”) number 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2.
Director means the Director of the Department of Environmental Protection or the Director’s designee.
High-PAH pavement sealant means a pavement sealant containing:
(1) steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, ethylene cracker residue, or a variation of those substances assigned the CAS number 64742-90-1 or 69013-21-4; or
(2) more than 0.1% (1000 ppm) polycyclic aromatic hydrocarbons, by weight, using a standard testing protocol for determining the PAH content of a pavement sealant approved by the Director.
PAH means Polycyclic Aromatic Hydrocarbons.
Pavement sealant means a material intended to be surface applied to an asphalt or concrete surface, including a driveway or parking lot, to protect or seal the asphalt or concrete. Pavement sealant does not include material applied to a roof.
(b) Use of coal tar or high-PAH pavement sealants prohibited.
(1) A person must not use a coal tar or high-PAH pavement sealant in the County.
(2) Both the property owner and the applicator have violated this Section if a coal tar or high-PAH pavement sealant is applied in the County.
(c) Sale. A person must not sell or offer for sale a coal tar or a high-PAH pavement sealant in the County.
(d) Enforcement. The Director must:
(1) publish a list of pavement sealants acceptable for use on asphalt and concrete in the County that are not coal tar or high-PAH pavement sealants;
(2) ensure all pavement sealants on the list in paragraph (1) have been tested using a standard testing protocol for determining the PAH content of a pavement sealant approved by the Director; and
Editor’s note—2019 L.M.C., ch. 13, §2, states: Effective Date. The amendments in Section 1 take effect on July 1, 2020. The Executive must submit a report to the Council on or before April 1, 2020 describing the availability of a standard testing protocol for determining the PAH content in a pavement sealant.
Former Section 19-68, authority of department of environmental protection, was renumbered Section 19-69 by 2012 L.M.C., ch. 16, § 1.