Ann Arbor logo
Share to Facebook Share to Twitter Bookmark and Share
File #: 16-0808    Version: 1 Name: 6/6/2016 New Code Chapter 71, Pavement Sealant
Type: Ordinance Status: Passed
File created: 6/6/2016 In control: City Council
On agenda: 6/20/2016 Final action: 6/20/2016
Enactment date: 6/6/2016 Enactment #: ORD-16-12
Title: An Ordinance to Amend the Code of the City of Ann Arbor by Adding a New Chapter, Which Chapter Shall Be Designated Chapter 71, Pavement Sealant, of Title VI, Food and Health, of Said Code (Ordinance No. ORD-16-12)
Sponsors: Sabra Briere, Chip Smith
Attachments: 1. ORD-16-12 Chpt 71 Pavement Sealant Briefed and Approved.pdf, 2. ORD-16-12 Chpt 71 Pavement Sealant Briefed.pdf, 3. Chapter 71 Pavement Sealant, 4. Coal Tar trifold, 5. FAQ Coal Tar Based Sealcoats_HRWC, 6. USGS Coal Tar Fact Sheet 2016, 7. 16-12 Chapt 71 Approval Notice.pdf
Title
An Ordinance to Amend the Code of the City of Ann Arbor by Adding a New Chapter, Which Chapter Shall Be Designated Chapter 71, Pavement Sealant, of Title VI, Food and Health, of Said Code (Ordinance No. ORD-16-12)
Memorandum
Attached for your review and consideration is an ordinance to regulate pavement sealants. This ordinance was developed by the City Attorney office based on a resolution approved by the Environmental Commission on August 27, 2015 recommending that the City create an ordinance to regulate the application of pavement sealcoats containing above 0.1% polycyclic aromatic hydrocarbons (PAHs) on driveways, roads, parking lots, and other city surfaces.

The Environmental Commission has reviewed the nature of coal tar and other high PAH sealcoat hazards to the Huron River and the citizens of Ann Arbor. The damaging ingredient in coal tar sealcoats and similar products is polycyclic aromatic hydrocarbons (PAHs), which are 1000 times more prevalent in coal tar sealcoat products (5% PAH by weight, 50,000ppm) than in asphalt-based sealcoat products (less than 0.005% PAH, 50ppm). PAHs have been shown to be toxic to aquatic organisms. Coal tar sealcoats have been shown to contribute 50-75% of PAHs in sediments in the Great Lakes region. The Huron River Watershed Council is collecting data on the extent of PAH contamination in sediment in the Ann Arbor area. PAH compounds are toxic, mutagenic, teratogenic (causing birth defects) and/or probable human carcinogens. Asphalt-based sealcoats are as effective as coal tar sealcoats in places where they are commonly applied, such as driveways. Asphalt-based sealcoats are readily available for purchase over the counter or through application contractors and a cost comparable to coal tar sealcoats. Other alternatives exist as well.

The states of Washington and Minnesota, the District of Columbia and dozens of municipalities throughout the US have banned coal tar sealcoats. City, county and UM facilit...

Click here for full text