Bill Text: VA HB1150 | 2018 | Regular Session | Prefiled
Bill Title: Pavement sealants; containing coal tar prohibited.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-13 - Left in Agriculture, Chesapeake and Natural Resources [HB1150 Detail]
Download: Virginia-2018-HB1150-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §10.1-2500 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Chapter 20 of Title 62.1 a section numbered 62.1-196.1 as follows:
§10.1-2500. Virginia Environmental Emergency Response Fund established.
A. There is hereby established the Virginia Environmental Emergency Response Fund, hereafter referred to as the Fund, to be used (i) for the purpose of emergency response to environmental pollution incidents and for the development and implementation of corrective actions for pollution incidents, other than pollution incidents addressed through the Virginia Underground Petroleum Storage Tank Fund, as described in §62.1-44.34:11 of the State Water Control Law; (ii) to conduct assessments of potential sources of toxic contamination in accordance with the policy developed pursuant to § 62.1-44.19:10; and (iii) to assist small businesses for the purposes described in §10.1-1197.3.
B. The Fund shall be a nonlapsing revolving fund consisting of grants, general funds, and other such moneys as appropriated by the General Assembly, and moneys received by the State Treasurer for:
1. Noncompliance penalties assessed pursuant to §10.1-1311, civil penalties assessed pursuant to subsection B of §10.1-1316, and civil charges assessed pursuant to subsection C of §10.1-1316.
2. Civil penalties assessed pursuant to subsection C of § 10.1-1418.1, civil penalties assessed pursuant to subsections A and E of § 10.1-1455, and civil charges assessed pursuant to subsection F of §10.1-1455.
3. Civil charges assessed pursuant to subdivision 8d of § 62.1-44.15 and civil penalties assessed pursuant to subsection (a) of § 62.1-44.32, excluding assessments made for violations of Article 9 (§ 62.1-44.34:8 et seq.) or 10 (§62.1-44.34:10 et seq.), Chapter 3.1 of Title 62.1, or a regulation, administrative or judicial order, or term or condition of approval relating to or issued under those articles.
3. Civil charges assessed pursuant to subdivision (8d) of § 62.1-44.15 and civil penalties assessed pursuant to subsection (a) of § 62.1-44.32, excluding assessments made for violations of Article 2.3 (§ 62.1-44.15:24 et seq.), 2.4 (§62.1-44.15:51 et seq.), 2.5 (§62.1-44.15:67 et seq.), 9 (§62.1-44.34:8 et seq.), or 10 (§62.1-44.34:10 et seq.) of Chapter 3.1 of Title 62.1, or a regulation, administrative or judicial order, or term or condition of approval relating to or issued under those articles.
4. Civil penalties assessed pursuant to subsection D of §62.1-196.1 and civil penalties and civil charges assessed pursuant to § 62.1-270.
5. Civil penalties assessed pursuant to subsection A of § 62.1-252 and civil charges assessed pursuant to subsection B of §62.1-252.
6. Civil penalties assessed in conjunction with special orders by the Director pursuant to §10.1-1186 and by the Waste Management Board pursuant to subsection G of §10.1-1455.
§ 62.1-196.1. Pavement sealants containing coal tar prohibited.
A. For the purposes of this section:
"Coal tar" means 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 refined coal tar, high temperature coal tar, coal tar pitch, or any substance identified by chemical abstract number 65996-93-2.
"Pavement sealant" means a sealant product intended for application on asphalt pavement surfaces, including driveways and parking lots.
B. No person shall sell or distribute at retail or offer for retail sale or distribution a pavement sealant that contains coal tar in the Commonwealth on or after July 1, 2020. This subsection shall not restrict the continued sale of such a product by a retailer of any existing inventory in stock on July 1, 2020.
C. No person shall apply or otherwise use a pavement sealant that contains coal tar in the Commonwealth on or after July 1, 2021.
D. Any person who violates any provision of this section shall be subject to a civil penalty of $250, to be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 (§10.1-2500 et seq.).
