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A. For purposes of this section, the following terms shall have the following definitions:
COAL TAR: Means a byproduct of the process used to refine coal that contains polycyclic aromatic hydrocarbons (PAH).
COAL TAR PRODUCT: Means any product that is labeled as containing or contains coal tar, including coal tar derivatives or coal tar mixtures. Some but not all pavement sealants contain coal tar products. Any pavement sealant that is labeled as containing or contains coal tar products is deemed a coal tar product.
OPERATOR: Means a person or entity engaged in the business of applying pavement sealants.
PAVEMENT SEALANT: Means any pavement sealant or similar product that is sprayed, brushed or similarly applied to asphalt pavement in an effort to protect or beautify the asphalt.
B. No person, including any operator, shall apply any coal tar products on any pavement within the Village.
C. A person who owns property on which coal tar product is applied after the date of adopting this section is presumed to have permitted a coal tar product to be applied in violation of this section.
D. No person shall sell, offer to sell, or display for sale any pavement sealant within the Village that is labeled as containing coal tar.
E. Any person, who applies, sells, offers to sell or displays for sale any pavement sealant within the Village that is labeled as containing coal tar is presumed to have applied, sold, offered to sell or displayed the product in violation of this section.
F. Any person violating the provisions of this section shall be fined not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00) for each offense. Each day such violation is continued shall constitute a separate offense. (Ord. 18-08-16, 8-21-2018, eff. 10-21-2018)