An Act Concerning Pavement Sealing Products
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA §4452, sub-§7, as amended by PL 2011, c. 655, Pt. FF, §9 and affected by §16, is further amended to read:
7. Natural resources protection laws. A code enforcement officer, authorized by a municipality to represent that municipality in District Court and certified by the former State Planning Office or the Department of Economic and Community Development, Office of Community Development under section 4453 as familiar with court procedures, may enforce the provisions of Title 38, section 419-D, Title 38, section 420-C, Title 38, chapter 3, subchapter 1, article 5-A and Title 38, chapter 13-D by instituting injunctive proceedings or by seeking civil penalties in accordance with Title 38, section 349, subsection 2.
Sec. 2. 38 MRSA §419-D is enacted to read:
§ 419-D. Coal tar sealant products
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Coal tar" means a viscous substance obtained by the destructive distillation of coal and containing levels of polycyclic aromatic hydrocarbons in excess of 10,000 milligrams per kilogram. "Coal tar" includes, but is not limited to, refined coal tar, high temperature coal tar, coal tar pitch and coal tar pitch volatiles.
B. "Coal tar sealant product" means a surface-applied sealant product that contains coal tar and is for use on an asphalt or concrete surface, including a driveway or parking area.
2. Sale of coal tar sealant products prohibited. Beginning October 1, 2016, a person may not sell or offer for sale a coal tar sealant product that is labeled as containing coal tar.
3. Application of coal tar sealant products prohibited. Beginning October 1, 2016, a person may not apply a coal tar sealant product on a driveway or parking area.
4. Exemptions. A person may request an exemption from the prohibitions in subsections 2 and 3 by submitting a written request to the commissioner. The request must include the reason an exemption is needed. The commissioner may exempt a person from the prohibitions in subsections 2 and 3 if the commissioner determines that the person is researching the effects of a coal tar sealant product on the environment or the person is developing an alternative technology and the use of a coal tar sealant product is required for research or development.
5. Penalties. A person who violates the provisions of this section is subject to penalties under section 349.
summary
This bill prohibits the sale and use of coal tar sealant products beginning October 1, 2016.