BILL REQ. #:  H-1166.1 

Read first time 01/31/11.   Referred to Committee on Environment.

     AN ACT Relating to preventing storm water pollution from coal tar sealants; and adding a new chapter to Title 70 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that contaminated storm water runoff from parking lots, roads, and other impervious surfaces is a significant contributor to pollution in lakes, rivers, and marine waters in Washington.
     (2) The legislature acknowledges that coal tar sealants, which are applied to parking lots to extend the life of asphalt, are a significant contributor to storm water pollution. Coal tar sealants contain high levels of benzo(a)pyrene and other toxic chemicals known collectively as polycyclic aromatic hydrocarbons. Research shows that as the sealants age, the tar steadily wears off and crumbles into contaminated dust that is tracked into houses and contaminates waterways.
     (3) The legislature finds that polycyclic aromatic hydrocarbons are of particular concern because they do not break down easily. Although concentrations of banned chemicals like DDT and polychlorinated biphenyls are slowly declining in the environment, levels of polycyclic aromatic hydrocarbons are increasing. Polycyclic aromatic hydrocarbons are carcinogenic and in sufficient quantities are a major threat to human health and the environment.
     (4) The legislature finds that about eighty-five million gallons of coal tar-based sealants are sold in the United States each year. Although coal tar sealants are used most heavily in the eastern part of the country, the sealant is sold in all fifty states of the United States, including Washington.
     (5) The legislature finds that the use of coal tar sealant has impacted the water quality in Washington's waterways. A recent United States geological services study shows that Lake Ballinger in Mountlake Terrace has levels of polycyclic aromatic hydrocarbons in its sediment that approach concentrations expected to harm bottom-dwelling plants and animals.
     (6) The legislature finds that safer alternatives to coal tar sealants exist and are widely available in Washington. Certain major retailers no longer sell coal tar sealants because of their negative environmental impacts.
     (7) Therefore, the legislature finds that prohibiting the sale and use of coal tar sealants in Washington is an appropriate and cost-effective way to limit pollution and protect public health.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of ecology.
     (2) "Coal tar pavement product" means a material that contains coal tar and is for use on an asphalt or concrete surface, including a driveway or parking area.

NEW SECTION.  Sec. 3   After January 1, 2012, no person may sell at wholesale or retail a coal tar pavement product that is labeled as containing coal tar.

NEW SECTION.  Sec. 4   After July 1, 2012, a person may not apply a coal tar pavement product on a driveway or parking area.

NEW SECTION.  Sec. 5   (1) The department may issue a notice of corrective action to a person in violation of section 3 or 4 of this act.
     (2) A city or county may adopt an ordinance providing for enforcement of the requirements of section 3 or 4 of this act. A city or county adopting an ordinance has jurisdiction concurrent with the department to enforce this section.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 70 RCW.