(a) Definitions. As used in this Section: Coal tar pavement sealant means a pavement sealant that contains coal tar, 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. Director means the Director of the Department of Environmental Protection or the Director’s designee. High-PAH pavement sealant means a pavement sealant containing: (1) 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 (2) more than 0.1% (1000 ppm) polycyclic aromatic hydrocarbons, by weight, using a standard testing protocol for determining the PAH content of a pavement sealant approved by the Director. PAH means Polycyclic Aromatic Hydrocarbons. Pavement sealant means a material intended to be surface applied to an asphalt or concrete surface, including a driveway or parking lot, to protect or seal the asphalt or concrete. Pavement sealant does not include material applied to a roof. (b) Use of coal tar or high-PAH pavement sealants prohibited. (1) A person must not use a coal tar or high-PAH pavement sealant in the County. (2) Both the property owner and the applicator have violated this Section if a coal tar or high-PAH pavement sealant is applied in the County. (c) Sale. A person must not sell or offer for sale a coal tar or a high-PAH pavement sealant in the County. (d) Enforcement. The Director must: (1) publish a list of pavement sealants acceptable for use on asphalt and concrete in the County that are not coal tar or high-PAH pavement sealants; (2) ensure all pavement sealants on the list in paragraph (1) have been tested using a standard testing protocol for determining the PAH content of a pavement sealant approved by the Director; and (3) generally enforce this Section.

The Director of Environmental Protection may, within 5 working days after the Department of Permitting Services issues any permit or other approval under this Chapter, suspend, revoke, or modify that permit or approval if the DEP Director finds that the issuance of the permit or approval did not protect the water resources of the County to the extent required by this Chapter or otherwise did not comply with this Chapter. The recipient of any permit or other approval under this Chapter must not take any action allowed by the permit or approval during that 5-day period. Any person aggrieved by an action of the DEP Director under this Section may appeal that action to the Board of Appeals within 30 days after the action is taken. A decision by the DEP Director not to suspend, revoke, or modify a permit or approval under this Section is not appealable, and must not be considered in any later appeal of the issuance of a permit or other approval or in any other proceeding.

Any violation of this Chapter is a Class A violation. However, notwithstanding Section 1-19, the maximum penalty for a civil violation of Article I is $1,000 for an initial or repeat offense. Each day a violation continues is a separate offense.

(a) If any clearing, construction, or development allowed by any permit issued by the Department of Permitting Services under this Chapter would result in the trimming, cutting, removal, or injury of any roadside tree (as defined in Section 49-35) or any tree located in a State right-of-way in the County, the Director must not issue that permit until: (1) the applicant obtains a roadside tree care permit as necessary from the State Department of Natural Resources; and (2) the applicant has submitted, in connection with the permit applied for under this Chapter, and the Director has approved, a site-specific tree protection plan that meets the requirements of Section 49-36A(d), unless the applicant is engaged in an activity described in Section 49-36A(b)(2). (b) The Department must approve or reject each proposed tree protection plan within 30 days after receiving it. If the Department does not act on a proposed plan within 30 days, the plan is approved by default. The Department may require further information after a proposed plan is submitted, and may extend this deadline once for an additional 15 days to receive any needed information. The Department also may extend this deadline at the request of the applicant. (c) The County Executive may adopt regulations under Method (2) to specify standards and practices needed to protect and maintain roadside trees, including construction practices needed to prevent or minimize damage to roadside trees, under this Section. These regulations must be at least as stringent as applicable state roadside tree care standards and requirements.