HomeMy WebLinkAbout610: Coal Tar-based Products
Health and Sanitation
SECTION 610
COAL TAR - BASED SEALER PRODUCTS
S :
UBSECTIONS
6 10 .100: P
URPOSE
6 1 0 .200: D
EFINITIONS
6 1 0 .300: P
ROHIBITIONS
6 1 0 .400: S C T - B S R
ALE OF OAL AR ASED EALER ESTRICTED
6 1 0 .500: A - B S P
SPHALT ASED EALCOAT RODUCTS
6 1 0.600: P
ENALTY
6 1 0. 700 : S
EVERABILITY
610.100 : P
:
The purpose of this ordinance is to regulate the use of coal tar based
URPOSE
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 St rategic Plan that places an emphasis on Water Quality and 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 pra ctices to achieve that goal; including but not limited to:
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 citi zens about managing water runoff as a
means of keeping pollutants 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
con ditions, including th e 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 sediment s. 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 substantially due to the special requirements for
disposal of sediment containing PAHs.
610.200: D :
For the purpose of this ordinance, the following definitions shall
EFINITIONS
apply unless the cont ext clear indicates or requires a different meaning:
Asphalt - 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.
City of Prior Lake
6 10 /p 1
Health and Sanitation
Coal Tar
– a byproduct of the process used to refine coal.
Coal Tar - based Sealer
– A sealer material containing coal tar and used as a
sealer on asphalt and concrete surfaces, 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.
610.300 : P :
ROHIBITIONS
1) No person shall apply a ny 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 appl ication of
any coal tar - based sealer to any driveway, parking 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 empl oyee, independent
contractor, volunteer, or other person to 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.
610.400: S C T - B S R :
A person may not sell a
ALE OF OAL AR ASED EALER ESTRICTED
coal tar - based sealer product within the City.
610.500: A - S P :
The provisions of this ordi nance
SPHALT BASED EALCOAT RODUCTS
shall only apply to use of coal tar - based sealer in the City and shall not affect the
use or sale of asphalt - based sealer products within the City.
610.600: P :
Any person convicted of violating any provision of this ordinance is
ENALTY
guilty of a m isdemeanor 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.
610.700: S :
If any provision of this ordinance is found to be invalid for any
EVERABILITY
reason by a court of competent jurisdiction, the validity of the remaining
provisions shall not be affected.
(Ord. Adopted April 18, 2011; publ. 04/23/11)
City of Prior Lake
610/p 2