Bill Text: MI SB1157 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Environmental protection; pollution prevention; coal tar sealant or other high PAH sealant for pavement; prohibit use and sale. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 149.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-11-09 - Referred To Committee On Transportation [SB1157 Detail]
Download: Michigan-2015-SB1157-Introduced.html
SENATE BILL No. 1157
November 9, 2016, Introduced by Senator WARREN and referred to the Committee on Transportation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 149.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 149. COAL TAR PRODUCTS
Sec. 14901. As used in this part:
(a) "Coal tar sealant" means a surface-applied product
containing coal tar, coal tar pitch, coal tar pitch volatiles, RT-
12, refined tar, or any variation of those substances assigned the
chemical abstracts service (CAS) numbers 65996-92-1, 65996-93-2,
65996-89-6, and 8007-45-2 or related substances containing more
than 0.1% polycyclic aromatic hydrocarbons (PAHs), by weight.
(b) "Department" means the department of environmental
quality.
(c) "Director" means the director of the department or his or
her designee.
(d) "Other high PAH sealant" means a surface-applied product
containing steam-cracked petroleum residues, steam-cracked asphalt,
pyrolysis fuel oil, heavy fuel oil, ethylene tar, or any variation
of those substances assigned the chemical abstracts service number
64742-90-1 or 69013-21-4 or related substances containing more than
0.1% polycyclic aromatic hydrocarbons (PAHs), by weight.
Sec. 14903. (1) Because of the harmful effects of polycyclic
aromatic hydrocarbons (PAHs) on humans and on fish and other
aquatic life, a person shall not apply a coal tar sealant or other
high PAH sealant on asphalt, concrete, or other pavement, except as
provided in section 14907.
(2) A person that owns property on which a coal tar sealant or
other high PAH sealant is applied in violation of subsection (1) is
rebuttably presumed to have applied the coal tar sealant or other
high PAH sealant.
Sec. 14905. (1) Except as provided in subsection (2), a person
shall not sell a coal tar sealant or other high PAH sealant.
(2) Subsection (1) does not apply if the purchaser submits to
the seller a copy of an exemption granted under section 14907 or a
completed no-Michigan-use form that includes all of the following:
(a) The name, address, and telephone number of the purchaser.
(b) The date of the purchase.
(c) The quantity of coal tar sealant or other high PAH sealant
purchased.
(d) A statement that the coal tar sealant or other high PAH
sealant will not be used within this state.
(e) An affirmation by the purchaser that the information on
the form is correct.
(f) The purchaser's signature.
(3) A person that sells a coal tar sealant or other high PAH
sealant shall retain a completed no-Michigan-use form or a copy of
a written exemption under subsection (2) for 3 years and allow the
department to inspect or copy the form or written exemption upon
request.
(4) The department shall post on its website a no-Michigan-use
form suitable for compliance with subsection (2).
(5) A person shall not sign a no-Michigan-use form under
subsection (2) if the form contains false information.
Sec. 14907. The director may grant a person a written
exemption from section 14903 if the director determines that the
person is researching the effect of a coal tar sealant or other
high PAH sealant on the environment or is developing an alternative
technology, and the use of the coal tar sealant or other high PAH
sealant is required for the research or development.
Sec. 14909. A person that violates this part is responsible
for a state civil infraction and may be ordered to pay a civil fine
of not more than $5,000.00.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
