Village of South Barrington, IL

REQUIRED APPLICATION MATERIALS:

• Application for Pavement Sealant License Form (below)
• Certificate of Liability sheet with South Barrington as Certificate Holder
• Material Safety Data Sheet (MSDS) for Sealant Product to be Used
• $100.00 Application Fee (check or cash)

 ORDINANCE NO. O-2016-1104

 AN ORDINANCE TO AMEND CHAPTER 16 ENTITLED

“PAVEMENT SEALANTS (APPLICATORS)”

OF TITLE 3 ENTITLED “BUSINESS REGULATIONS”

OF THE VILLAGE CODE OF

THE VILLAGE OF SOUTH BARRINGTON,COOK COUNTY, ILLINOIS

WHEREAS, the Village of South Barrington (hereinafter the “Village”) deems it necessary and desirable to amend Chapter 16 entitled “Pavement Sealants (Applicators)”of Title 3 entitled “Business Regulations” of the Village Code of the Village of South Barrington, Cook County, Illinois; and

WHEREAS, coal tar based sealants contain Polycyclic Aromatic Hydrocarbons (hereinafter “PAH”); and

WHEREAS, some of these PAH are known carcinogens and are toxic to mammals, birds, fish, amphibians and plants, and in humans prolonged exposure to PAH has been linked to blood, kidney, liver, lung, scrotal, skin and stomach cancers, and children under age six are at greatest increased risk of cancer; and

WHEREAS, aquatic invertebrates are particularly susceptible to PAH contamination where possible adverse effects include inhibited reproduction, delayed emergence, sediment avoidance, and mortality, and where possible adverse effects in fish include liver abnormalities, fin erosion, cataracts and immune system impairments; and

WHEREAS, the PAH in coal tar based sealants and other high PAH sealants volatilize off sealed pavement and can be inhaled by humans and animals; are broken down by sunlight and can be abraded off sealed pavement by vehicle and foot traffic as small particles and carried into homes and onto nearby soils and are washed into streams, water bodies and/or storm sewers with stormwater; and

WHEREAS, coal tar based sealants and other high PAH sealants are commonly re-applied by property owners, both public and private, to driveways, parking lots, tennis courts, playgrounds, and other asphalt paved surfaces every two to four years to maintain a dark restored appearance, and so the addition of PAH to the environment can be a continuous process.

            NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of South Barrington,Cook County, Illinois, as follows:

            Section 1.        The foregoing recitals are incorporated herein as the findings of the Board of Trustees of the Village of South Barrington.

            Section 2.        That Chapter 16 entitled “Pavement Sealants (Applicators)” of Title 3 entitled “Building Regulations” is hereby deleted in its entirety and replaced with the following:

Chapter 16
PAVEMENT SEALANTS (APPLICATORS)

3-16-1: DEFINITION:

3-16-2: PRODUCT IDENTIFICATION:

3-16-3: LICENSE REQUIRED:

3-16-4:CERTIFICATION:

3-16-5: LICENSE FEE:

3-16-6: NONTRANSFERABILITY OF LICENSE:

3-16-7:REVIEW AND APPROVALS:

3-16-7:PENALTIES:

3-16-1: DEFINITION: 
The words “Pavement Sealant, Pavement Seal, or Sealcoat” is a liquid that is applied to asphalt surfaces or in some occasions on any surface, to protect the surfaces from damage or further damage usually due to the freezing and thawing cycles, UF rays and traffic.

Applicator(s) shall mean any person(s) that is licensed by the Village to apply pavement sealants.

Polycyclic Aromatic Hydrocarbons (hereinafter “PAH”) are known carcinogens which are toxic to mammals, birds, fish, amphibians and plants. In humans PAH have been linked to blood, kidney, liver, lung scrotal, skin and stomach cancers, with children under age six at increased risk of cancer.

3-16-2: PRODUCT IDENTIFICATION:

The Village of South will request the Material Safety Data Sheet (MSDS), (or called the Safety Data Sheet (SDS)), for the sealant product to be used by the contractor, and will scrutinize the Chemical Abstract Service (CAS) numbers on the ingredient list of the product and will refrain from using any product with the following identifiers:

As other coal tar and high PAH sealants are identified by descriptive terms and/or are identified by CAS#, this additional product information will be added to the product list stated above and will be excluded from use. 

In any case, any sealant product that exceeds 0.1% total PAH by weight will be excluded from use.  If it is not clear if a sealant product contains a high level of PAH by the descriptive terms and CAS#s listed in Paragraph 3, then a product’s total PAH content by weight may be determined by independent laboratory analysis; alternately, a product’s total PAH content by weight may be estimated through the use of the MSDS (or SDS), independent laboratory analysis, independent peer-reviewed research, studies by authoritative governmental bodies, or a combination of these sources. 

 3-16-3: LICENSE REQUIRED: 

It is unlawful for any contractor to apply any pavement sealant, pavement seal, or sealcoat, or any other sealant product to any public or private property without first obtaining a license which must be renewed annually. Application for a Pavement Sealant License shall be made on a form provided by the Village and shall, at a minimum, state the name, address, and contact information of the person applying for the License and the person or persons who will be applying the Sealant, type of sealant, and other such information as may be required by the Village.

3-16-4: CERTIFICATION:

All persons applying for a Pavement Sealant License shall sign a certification on a form provided by the Village, certifying, at a minimum, that neither the licensee nor any person acting under the License will apply products that contain coal tar, coal tar derivatives, or coal tar mixtures (“Coal Tar Products”) to any public or private property within the Village (Ord. 2012-961,4-12-2012).

 3-16-5: LICENSE FEE: 

The annual license fee for each Paving Sealant Applicator is one hundred dollars ($100.00) each year.

 3-16-6: NONTRANSFERABILITY OF LICENSE: 

No license granted under the provisions of this chapter shall be assigned or transferred, nor shall any such license authorize any person other than the licensee named therein to do business or act under such license.

3-16-7: REVIEW AND APPROVAL

The Building Officer shall review all applications for Pavement Sealant Licenses for each application and shall grant a Pavement Sealant License if the application complies with all provisions of this chapter and the Village Code.

3-16-8: PENALTIES: 

Any person found guilty of violating any of the provisions of this chapter shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than seven hundred and fifty dollars ($750.00) for each offense. A separate and distinct offense shall be regarded as committed each day on which such person shall continue or permit any violation; and shall be subject to license revocation.

            Section 3.        The remaining provisions of Title 3 entitled “Business Regulations” shall remain in full force and effect and unamended by this Ordinance.

             Section 4.        This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner as provided by law.

PASSED:        This day 11^th of February, 2016.

APPROVED:  This day11th of February, 2016.