Loading...
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