2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1A - District Department of the Environment › Subchapter III - Product Limitation of Stormwater Management › § 8–153.01. Limitations on products containing polycyclic aromatic hydrocarbons

§ 8–153.01. Limitations on products containing polycyclic aromatic hydrocarbons.
(a) For the purposes of this section, the term "high PAH sealant product" means a material that:
(1) Contains:
(A) Coal tar;
(B) Coal tar pitch, coal tar pitch volatiles, RT-12, refined tar, or a variation of those substances assigned the chemical abstracts service ("CAS") number 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2;
(C) A surface-applied product containing steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, ethylene cracker residue, or a variation of those substances assigned the CAS number 64742-90-1 or 69013-21-4; or
(D) Substances containing more than 0.1% (1000 ppm) polycyclic aromatic hydrocarbons, by weight; and
(2) Is used on, or is intended for use on, an impermeable surface, including bricks, block, metal, roofing material, asphalt, or concrete.
(b) No person shall sell, offer for sale, use, or permit to be used on property he or she owns, a high PAH sealant product.
(c)(1) Any person who violates this section shall be liable to the District for a civil penalty in an amount not to exceed $ 2,500 for each violation.
(2) For any violation, each day of the violation shall constitute a separate offense and the penalties prescribed shall apply separately to each offense.
(3) Adjudication of any infraction of this section shall be pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.].
(d) Repealed.
(e) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section, including a list of sealant products that are not a high PAH sealant product and rules to establish criteria for demonstrating that a product is not a high PAH sealant product.
(f)(1) For the purposes of enforcing this section or a rule issued pursuant to this section, the Mayor may, at a reasonable time, upon the presentation of appropriate credentials to, and with the consent of, the owner, operator, or agent in charge:
(A) Enter without delay a place where a sealant product is sold, offered for sale, or used;
(B) Inspect and obtain samples of a sealant product or surface to which a sealant product has been applied; and
(C) Inspect and copy a record, report, information, or test result relating to the requirements of this section.
(2) If the Mayor is denied access to enter, inspect and obtain samples, or inspect and copy records pursuant to paragraph (1) of this subsection, the Mayor may apply to the Superior Court for the District of Columbia for a search warrant.
(Feb. 15, 2006, D.C. Law 16-51, § 181; as added Mar. 25, 2009, D.C. Law 17-371, § 2(c), 56 DCR 1353; Sept. 26, 2012, D.C. Law 19-171, § 149(b), 59 DCR 6190; Mar. 29, 2019, D.C. Law 22-278, § 2, 66 DCR 1727.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 substituted “permit to be used on property” for “permit to be used, on property” in (b).