HomeMy WebLinkAbout111-03 Prohibit Coal Tar Sealer
ORDINANCE NO. 111 - 03
AN ORDINANCE PROHIBITING THE USE AND APPLICATION OF COAL TAR SEALANTS
IN THE CITY OF PRIOR LAKE
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, SCOTT COUNTY, MINNESOTA DOES
ORDAIN:
Purpose:
610 .100 The purpose of this ordinance is to r egulate the use of coal tar based
sealer products within the City of Prior Lake, in order to protect, restore, and
preserve the quality of its waters. The City Council has adopted a 2030 Vision
and Strategic Plan that places an emphasis on Water Quality an d adopts a goal
to preserve, protect and enhance water quality in the lakes, rivers, streams and
other bodies of water in the City of Prior Lake. The City has undertaken Water
Quality Maintenance practices to achieve that goal; including but not limited t o:
cleaning and removing sediment from ponds ; pioneering snow removal practices
that eliminate or significantly reduce the need to apply salt to roadway surfaces ;
public education and outreach to citizens about managing water runoff as a
means of keeping p ollutants out of the lakes ; banning the use of fertilizers that
contain phosphorous ; and adopting an infiltration and inflow ordinance to
eliminate the direct discharge of residential storm water into lakes .
The use of sealers on asphalt driveways is a common practice. However,
scientific studies on the use of pavement sealers have demonstrated a
relationship between storm water runoff and certain health and environmental
conditions, including the presence of Polycyclic Aromatic Hydrocarbons, a known
carcinogen.
The Minnesota Pollution Control Agency has issued a report indicating that coal
tar - based sealcoat products are a source of Polycyclic Aromatic Hydrocarbons
(PAHs) in storm water sediments. PAH is a known carcinogen. The runoff from
parking lots and driveways coated with coal tar sealants can contain PAHs
concentrations 65 times higher than uncoated pavements. Storm water runoff
carries the PAHs into storm water ponds and water bodies, increasing the cost of
cleaning the storm water ponds su bstantially due to the special requirements for
disposal of sediment containing PAHs.
Definitions :
610. 200 For the purpose of this ordinance, the following definitions shall
apply unless the context clear indicates or requires a different meaning:
Asp halt - based sealer
- A petroleum - based sealer material that is commonly
used on driveways, parking lots, and other surfaces and which does not contain
coal tar.
Coal Tar
– a byproduct of the process used to refine coal.
Coal Tar - based Sealer
– A sealer m aterial containing coal tar and used as a
sealer on asphalt and concrete surface s , including a driveway or parking area.
City
- The City of Prior Lake.
PAHs
- Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed
during the incomplete burning of coal, oil, gas, or other organic substances that
are p resent in coal tar and believed harmful to humans, fish, and other aquatic
life.
Prohibit i ons:
610 . 300
1) No person shall apply any coal tar - based sealer to any driveway, parking lot, or
other impervious surface within the City of Prior Lake.
2) No person shall contract with any commercial sealer product applicator,
residential or commercial developer, or any other person for the application of
any coal tar - based sealer to any driveway, park ing lot, or other impervious
surface within the City.
3) No commercial sealer product applicator, residential or commercial developer, or
other similar individual or organization shall direct any employee, independent
contractor, volunteer, or other person t o apply any coal tar - based sealer to any
driveway, parking lot, or other impervious surface within the City. A person who
owns property on which a coal tar - based sealer is used is presumed to have
used a coal tar - based sealer in violation of this section.
Sale of Coal Tar - Based Sealer Restricted:
610.400 A person may not sell a coal tar -
based sealer product within the City.
Asphalt - based Sealcoat Products:
610.500 The provisions of this ordinance shall only
apply to use of coal tar - based sealer in th e City and shall not affect the use or
sale of asphalt - based sealer products within the City.
Penalty:
610.600 Any person convicted of violating any provision of this ordinance is
guilty of a misdemeanor and shall be punished by a fine not to exceed one
thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days,
or both, plus the costs of prosecution in either case.
Severability:
610.700 If any provision of this ordinance is found to be invalid for any
reason by a court of competent jurisdiction, the validity of the remaining
provisions shall not be affected.
This ordinance shall become effective from and after its passage and publication.
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Passed by the City Council of the City of Prior Lake this 18 day of April , 20 11 .
ATTEST:
_________________________ __________________________
City Manager Mayor
rd
Published in the Prior Lake American on the 2 3 day of April , 20 11 .