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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. th 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 .