Title
Title 17 Updates and Amendments - For the purpose of updating and amending Chapters 17.04 and 17.08 of the Annapolis City Code to prohibit the use and sale of coal tar pavement products; and matters generally relating to prohibiting the use and sale of coal tar pavement products.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 20-16 Amended
Introduced by: Alderman Littmann and Alderman Pfeiffer
Referred to
Economic Matters Committee
Environmental Matters Committee
AN ORDINANCE concerning
Title 17 Updates and Amendments
FOR the purpose of updating and amending Chapters 17.04 and 17.08 of the Annapolis
City Code to permit an authorized agent of the City to prohibit the use and sale of
coal tar pavement products; and matters generally relating to prohibiting the use
and sale of coal tar pavement products.
BY repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2015 Edition
17.04.655
17.04.955
17.08.180
BY ADDING THE FOLLOWING PORTION TO THE CODE OF THE CITY OF
ANNAPOLIS, 2015 EDITION
SECTION 17.04.155”
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
TITLE 17 - BUILDINGS AND CONSTRUCTION
17.04.155 - COAL TAR PAVEMENT PRODUCT.
COAL TAR PAVEMENT PRODUCT MEANS A MATERIAL THAT CONTAINS COAL TAR OR POLYCYCLIC AROMATIC HYDROCARBONS AND IS USED FOR AN ASPHALT OR CONCRETE SURFACE.”
CHAPTER 17.04 - DEFINITIONS
17.04.655 - Pollutant.
"Pollutant" means any liquid, gaseous, solid, or other substances, including coal tar pavement products as defined in Section 17.08.18017.04.155, which will cause water pollution of a water resource of the City.
17.04.955 - Water pollution.
"Water pollution" means any contamination, including coal tar pavement products as defined in Section 17.08.18017.04.155, or other alteration of the physical, chemical, or biological properties of any waters, including a change in temperature, taste, color, turbidity, or odor of the waters or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substance into any waters that will render the waters harmful, or detrimental to public health and safety, legitimate beneficial uses, wild animals, or aquatic life.
CHAPTER 17.08 - GRADING, EROSION AND SEDIMENT CONTROL
17.08.180 - Prohibited discharges and Prohibited use of coal tar pavement products.
A. No debris, sediment, wastewater, landscaping/yard waste, refuse, or other pollutant shall be deposited in floodplains, water resources, public streets, highways, sidewalks, storm drains, or other public thoroughfares per this chapter of the City Code, Maryland Environment Title 4 as may be amended from time to time, COMAR 26.08.04, unless otherwise permitted by the City of Annapolis or the Maryland Department of the Environment. Such materials shall be stored properly to minimize any threat of discharge.
B. This Section applies to all public and private uses of coal tar pavement products, as defined below the following applies to all public and private uses of coal tar:
1. “Coal tar pavement product” means a material that contains coal tar or polycyclic aromatic hydrocarbons and is used for an asphalt or concrete surface.
21. A person may not sell, offer for sale, use, or permit the use of a coal tar pavement product in the City. A property owner who knowingly permits the application of a product containing coal tar pavement product on their property shall be in violation of this Section and may be cited, in addition to the applicator of the product, pursuant to subsection (B)(4).
32. The Director shall publish, UPDATE AS NEEDED, AND MAINTAIN ON ITS WEBSITE, a list of alternative products for use on asphalt and concrete that do not contain a coal tar pavement product.
43. Violators of this Section shall be required to remediate the surface of the coal tar pavement product. A violation of this Section shall be a municipal infraction and subject to a fine as established by resolution of the City Council. Each day that a 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, county, or local law.
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect from the date of its passage.
EXPLANATION
CAPITAL LETTERS indicate matter added to existing law.
Strikethrough indicates matter stricken from existing law.
Underlining indicates amendments