Record #: O2013-2557   
Type: Ordinance Status: Failed to Pass
Intro date: 4/10/2013 Current Controlling Legislative Body: Committee on Finance
Final action: 5/20/2015
Title: Amendment of Municipal Code Chapter 7-28 of by adding new Section 634 to prohibit sale and use of coal tar sealants
Sponsors: Burke, Edward M., Burns, William D.
Topic: MUNICIPAL CODE AMENDMENTS - Title 7 - Health & Safety - Ch. 28 Health Nuisances
Attachments: 1. O2013-2557.pdf
Related files: R2015-407
ORDINANCE
 
 
WHEREAS, the City of Chicago is a home rule unit government pursuant to the 1970 Illinois Constitution, Article VII, Section 6(a); and
 
WHEREAS, pursuant to its home rule power, the City of Chicago may exercise any power and perform any function relating to its government and affairs, including the power to regulate for the protection of the public health, safety, morals, and welfare; and
 
WHEREAS, coal tar sealants are used on asphalt driveways and parking lots to protect surfaces from weathering; and
 
WHEREAS, coal tar contains high levels of benzo(a)pyrene and other toxic chemicals known collectively as polycyclic aromatic hydrocarbons, or PAHs, which have been linked to cancer and other health problems; and
 
WHEREAS, in Lake of the Hills, approximately 50 miles northwest of Chicago, researchers from the U.S. Geological Survey found levels of benzo(a)pyrene, one of the most toxic chemicals in coal tar, in the dust from coal tar-covered driveways that were up to 5,300 times higher than the level that triggers a U.S. Environmental Protection Agency Superfund cleanup at polluted industrial sites; and
 
WHEREAS, other researchers have found significantly higher PAH levels in runoff from parking lots sealed with coal tar than in runoff from asphalt-sealed lots; and
 
WHEREAS, coal tar sealants have been banned in the state of Washington, counties in Maryland, New York and Wisconsin, the cities of Austin, Texas, South Barrington, Illinois, and over two dozen Minnesota cities; and
 
WHEREAS, the City Council of the City of Chicago hereby finds that it is in the best interest of the public health, safety and welfare to prohibit the sale and use of sealants containing coal tar; NOW THEREFORE
 
 
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
 
 
SECTION 1. The above recitals are expressly incorporated herein and made part hereof as though fully set forth herein.
 
 
SECTION 2. Chapter 7-28 of the Municipal Code of Chicago is hereby amended by inserting a new section 7-28-634 as follows:
 
 
 
7-28-634
Coal tar sealants - Prohibition on sale and use.
  2. As used in this section, the term "coal tar sealer" shall mean a sealer material containing coal tar for use on an asphalt or concrete surface, including a playground, driveway, or parking area.
  3. It shall be unlawful for any person to sell, offer or expose for sale, give or furnish any coal tar sealer within the City of Chicago.
  4. It shall be unlawful for any person to apply any coal tar sealer to any playground, driveway, parking lot, or other surface within the City of Chicago.
  5. It shall be unlawful for any person to contract for the application of any coal tar sealer to any playground, driveway, parking lot or other surface within the City of Chicago.
  6. It shall be unlawful for any person to direct any employee, independent contractor, volunteer, or other person to apply any coal tar sealer to any playground, driveway, parking lot, or other surface within the City of Chicago.
(f)      Any person violating this section shall be fined not less than $ 100.00 nor more than $300.00 for the first offense, and not less than $300.00 nor more than $500.00 for the second and each subsequent offense. Each day that a violation continues shall constitute a separate and distinct offense.
 
SECTION 3. This ordinance shall be in full force and effect 30 days after its passage and publication.
 
 
William Burns, Alderman, 4 Ward
 
 
 
 
 
 
 
 
 
 
 
 
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