SENATE DOCKET, NO. 2174        FILED ON: 7/30/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Brian A. Joyce

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act prohibiting coal tar pavement sealant.

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PETITION OF:

SENATE DOCKET, NO. 2174        FILED ON: 7/30/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act prohibiting coal tar pavement sealant.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. The General Court finds and declares:

(a)Coal tar based sealcoat typically contains 20 to 35 percent coal tar pitch which is a known human carcinogen;

(b)A number of studies have found that living adjacent to a coal tar sealed pavement is associated with significant increases in estimated excess lifetime cancer risk, and that much of the increased risk occurs during early childhood;

(c)Additional studies have found that runoff from coal tar harms marine ecosystems.

SECTION 2. Chapter 94 of the General Laws as appearing in the 2014 Official Edition, is hereby amended by adding the following sections after section 329:-

Section 330. (a) For the purposes of this section, the following words shall have the following meanings: -

“Coal tar sealant product”, a surface-applied sealant product that contains coal tar and is for use on an asphalt or concrete surface, including a driveway or parking area.

“Coal tar”, a viscous substance obtained by the destructive distillation of coal and containing levels of polycyclic aromatic hydrocarbons in excess of 10,000 milligrams per kilogram. "Coal tar" includes, but is not limited to, refined coal tar, high temperature coal tar, coal tar pitch and coal tar pitch volatiles.

(b) No person shall sell, offer for sale, use, or permit to be used on property he or she owns, a coal tar sealant product.

(c) Any person who violates this subsection shall be punished by a fine of not less than $2,500 and, for a second or subsequent violation, by a fine of not less than $5,000 or by imprisonment in the house of correction for not more than 1 year or by both such fine and imprisonment. 

SECTION 3. Section 2 shall take effect on July 1, 2017.