City of Milwaukee - File #: 161306

• File #: 161306
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 1/18/2017
• In control: COMMON COUNCIL
• Final action: 2/7/2017
• Effective date: 2/24/2017
• Title: A substitute ordinance relating to the use of coal tar sealants.
• Sponsors: ALD. BOHL, ALD. KOVAC, ALD. MURPHY, ALD. PEREZ, ALD. WITKOWSKI, ALD. STAMPER, ALD. JOHNSON, ALD. ZIELINSKI
• Indexes: PARKING LOTS, STREET IMPROVEMENTS

Date	Ver.	Action By	Action	Result	Tally
2/23/2017	2	CITY CLERK	PUBLISHED
2/16/2017	2	MAYOR	SIGNED
2/7/2017	1	COMMON COUNCIL	SUBSTITUTED; Minutes note: Ald. Bohl moved substitution of the file with Proposed Substitute A. (Prevailed 15-0) Ald. Perez, Witkowski, Stamper, Johnson, and Zielinski added as cosponsors.	Pass	15:0
2/7/2017	2	COMMON COUNCIL	PASSED; Minutes note: Ald. Bohl moved substitution of the file with Proposed Substitute A.	Pass	15:0
1/25/2017	0	PUBLIC WORKS COMMITTEE	SUBSTITUTED	Pass	4:0
1/25/2017	0	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Erick Shambarger - Office of Environmental Collaboration Tea Norfolk - Legislative Reference Bureau Jeff Dellemann - Department of Public Works	Pass	4:0
1/18/2017	0	COMMON COUNCIL	ASSIGNED TO

Number
161306
Version
SUBSTITUTE 2
Reference

Sponsor
ALD. BOHL, KOVAC, MURPHY, PEREZ, WITKOWSKI, STAMPER, AND JOHNSON
Title
A substitute ordinance relating to the use of coal tar sealants.
Sections
61-23 cr
66-30 cr
66-31 cr
66-32 cr
66-33 cr
115-22.7 cr
200-08-68.5 am
252-74-2-c am
Analysis
This ordinance bans the use and sale of coal tar sealants and other pavement sealant products that contain greater than 1% polycyclic aromatic hydrocarbons (PAHs) by weight. It also amends the allowable paving materials for parking lots, areas, and spaces.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1 Section 61-23 of the code is created to read:

61-23. Class Q. Upon conviction of a Class Q violation, the violator shall forfeit not less than $1,000 nor more than $10,000. Each incidence of a violation shall constitute a separate offense. Upon default of payment, the violator shall be subject to imprisonment not less than 30 days nor more than 100 days.

Part 2. Subchapter 3 of Chapter 66 of the code is created to read:

SUBCHAPTER 3
COAL TAR SEALANT AND OTHER HIGH PAH PAVEMENT SEALANT PRODUCTS USE AND SALE PROHIBITED

66-30. Definitions. In this subchapter:
1. COAL TAR SEALANT PRODUCT means a material that contains coal tar, coal tar pitch, coal tar pitch volatiles, or any variation, and is for use on an asphalt or concrete surface, including a driveway, playground, or parking area.
2. HIGH PAH SEALANT PRODUCT means any pavement sealant product that contains greater than 1% polycyclic aromatic hydrocarbons (PAHs) by weight, including, but not limited to, coal tar, coal tar pitch, coal tar pitch volatiles, tar, fuel oil, petroleum, or asphalt.
3. COMMISSIONER means the commissioner of the department of public works or a designated representative.
4. DEPARTMENT means the department of public works.

66-31. Regulations. 1. USE. a. No person shall:
a-1. Apply any coal tar sealant product or high PAH sealant product ...