Section 20-709. ASPHALT OPERATIONS

 

709.1Except for purposes of roofing, the manufacture, mixing, storage, use, or application of cutback asphalt during the months of April, May, June, July, August, and September shall be prohibited; except, that in specific circumstances, when it is shown to the satisfaction of the Mayor that the prohibition cited in this subsection is unreasonable, liquefied asphalts containing volatile organic compounds may be manufactured, mixed, stored, used, or applied during these months, subject to any conditions which the Mayor may impose to minimize the emissions of volatile organic compounds into the atmosphere.

 

709.2In the determination of the unreasonableness of the prohibitions of cutback asphalt, and in the determination of the conditions that the Mayor may impose to minimize the emissions of volatile organic compounds, the Mayor shall take into consideration, among other factors, the following:

 

(a)The need for long-life storage of the asphalt;

 

(b)The lack of significant evaporation of volatile organic compounds from the asphalt;

 

(c)The need to use any particular type of aggregate; and

 

(d)The weather conditions during the application of the asphalt.

 

source

Section 3 of the District of Cotumbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 709, 32 DCR 565, 639 (February 1, 1985).