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6.4. SR 08-13-2012REQUEST FOR ACTION TO ITEM NUMBER Mayor & City Council 6.4 AGENDA SECTION MEETING DATE PREPARED BY Work Session August 13, 2012 Rebecca Haug, Environmental Administrator ITEM DESCRIPTION REVIEWED By Ordinance Regulating the Use of Coal -Tar Based Products Cal Portner, City Administrator REVIEWED BY Peter Beck, City Attorney ACTION REOUESTED Approve the Coal Tar -Based Sealer Products Ordinance without the licensing requirement. BACKGROUND /DISCUSSION Staff presented information about Coal Tar -Based Sealants at the July 9, 2012, City Council work session. Two ordinances were drafted. The ordinance with the licensing requirement would require any person, firm, corporation, or franchise to obtain an application form from the city to engage in the application of asphalt sealer products within the city. In addition to the form, applicants must also submit a product material safety data sheet, state license, and an application fee. In the past, staff experience with requiring licensing for such practices has proven to be more costly and time consuming than providing information to the residents and businesses. For this reason, a version of the ordinance not requiring licensing was also drafted. Staff is recommending this version of the ordinance be approved. To address public notification and education of the ordinance, staff included the notification letter that was sent out to sealcoat applicators operating in the City of Elk River. Residents will be notified of the ordinance on the city website and in the city newsletter. In response to a Council question regarding the longevity of the coal tar -based sealant in comparison to asphalt sealant, staff found that a coal tar -based sealant applied to the pavement can last 20 -25% longer. Asphalt emulsion sealant application should last three to four years; coal tar -based sealants four to five years. ATTACHMENTS • Attachment 1: Staff Report dated July 9, 2012 • Attachment 2: Ordinance including Licensing • Attachment 3: Ordinance without Licensing • Attachment 4: Business Notification Letter Action Motion by Second by Vote POWERED By N: `,Public Bodies City Council Council RCA Agenda Packet 08 -13 -2012 ,coal tar sealantdoch INAMIRE1 REQUEST FOR ACTION To ITEM NUMBER L t d Cit-V ("ouncil N I av� c) r a ri 6.3 AGENDA SECTION MEETING DATE, PREPARED BY Work Session 11V 91� 2012 Rebecca I Jatig, Ei-n7-ironmental Administrator ITEM DE,SCRIIPTIION REVIEWED By Coal Tar-Rised 1,I)e'ell"'Int Cal Portner, ("A tvAdministnitor - REVIIEWE,D BY Peter Beck, City Attornev ACTION RE, UESTED Discuss tl,-ie em;,ironment,,11 effects of using coal tar-b,,1sed se,.1ler products. BACKGROUND/DISCUSSION Coal tar, I bypr(,-)d-L.ict of coal processing, is a sealant used to rene-w Ind protect the surfa-ce of parking lots and driveways. Though it is more resilientand resisfant to petroleun-i products like gasoline and oil th'.-ti-I other types of se,,'llants, it is also kno-wn to contaii-i high levels of chemicals called polycy clt*c aromatic .1 k_- w .1 hvdrocarbons, (P- AHs). Some PAHs are kno-\NTi-i human c carcino Fens. Studies ha ve shown -\NThei-i oal tar- 9 based sealants are,,11pplied they can flake or breakdown and release PAHs tl,-iat can be deposited 'into I -ioff into nearbv -Nv, ters ad'acent land tracked into homes, aild carried b-v surface water rtu a These particles then ,,JccumuL,1te to p(-,)tentially harn-iful levels in sediments. This t*s,,i, growing c(-)ncern for local g(-wernments responsi 'ble for pond-a nd I 'sp(-)sI i-ig of sediments dredged from them ,"Is the sediments rn,.1y require disposal aks, haz,,11rd(-,)us w.1ste. Disposal costs of PAH c(-)nt,,imit-i,,ited�ediments depend on the concentration of PAI-Is- in the sediment. t t I t '\f-Lin*c*p, I Solid W'aste (-MSW� Typically, c(- ntaminated sediment is d*,,--,posed of as a, solid -\NTas to at a, t I a I a n s ystem. Disposal costs 'nclude testing and laboratory landfill that has a liner and a leach, to coIlecti(,-,) sts tt-ic a-\,'ation transportation and analysis of the sediment to chara(teri/.e the waste. (-')tl,-ter c(-,) I-Lide e---,,-c, tipping fees. The '\IP(-'4A estimates that for metro cot-ni-n-Linities, disposal costs citn be,,,is much as $2,501000 per pond when sedit-rent removal projects inchide significant PAH c(--)ntamtnation and require disposal at a haz,4Ardous waste landfill. For ponds with to iv-,)n-detect P contaminittion, the typtca''I costs range from $715,000 to $125000 per pond and the sedit-nents need to be disposed (:)fittili-I -L\IS\\" factlitv. .1 t t t t As of Alternatives to coal to based sealer formulations ,"ire asphalt-based sealant�,--, that have far lower le-\7 PAI-Is. (Attachment l: AIPCA Coal Tar-based Sealco,.-tt Environmental (",oncerns). Asphalt-based sealers -ement stores -w *lv,, va*L ble. The --\IP('A has compiled a list of home impro-\7 Th'ch have stopped are re lc tl M a L selling coal to based sealant, nd -which carry, sphalt 1,-)ased sealant instead. This list includes stores like selling t" seal. 11 11 me Dep t, Low e's, and iMen, rds. ACE H,,"trdware, Ho 11 In -'Nlay 2009 the Ah -a Legy-isl, ttwe restricted state,,igencies. from purchasing co, I tar sealants (2009 innesot 11 1 t $4 t t t Session La-\vs, (].hapter 172, and HF1 23 1, sections 4, 26, and 28). The 2009 lelg-islation restricts -Alinnesot"i sLate ages- c'es from p-Lircha,s'i-ig und'luted coal tar sealant effective July 1, 2010. In add*t*on, 2( --L\I* I I I I t innes0ta P 0 W E R 1 0 0 Y Cc I Tal: Sealaiit.docx (--olilici R(--A`,,,Agre1id.:i P.:icket`,,, 2(A2,\,6.,-) A& NA"fURE cities 1-i,,-tve passed their own ('-wdinances to ban t1-ie use of coal to sealers -\%Tithin tl,-Ietr jt1risdietion. (Attachment 2: iNIinnesot,."t Clities with Ban). The Le,,-t&q.ie of -'L\Iinnes(--)t,,"t ("-,I'ties has developed a sample I t -Nv,*sl-i to restrict the -use of coal tar-based sealants. (-A,-tta (:)rdinance f(,-,)r use b-v cities t1iat maNT I chment 3: .1 .1 LNIC. Sample ()rdinance) Because . adoptingan (--,)rdii-iai-ice banning Coal tar-b,,Ised sealants may ,.Iffect current 1,)Iackt(-I)p sealer practic wi es d-iin the city's Jurisdiction, staff will send public notices of the ordinance to any sealcoat applicators operatit-uy it-. the City of Elk River, 'i-idependent retell establishments selling's'ealants, -Id ell general contractors that have conducted busifiess -NIVithin the city. The responses to the Public notices Nvill be compiled ,Ind presented ata future council meetifig. FINANCIAL IMPACT N/A ATTACHMENTS ■ s T. o -i-nn t C (-- ncer n s IPCA C(-, I T, r-baed Se, tic(- at En-v tri t e ■ Minesota Cittes vI tl-i Ban ■ 11 -)rdin,, nce UNIC S,, mple ( a ■ Packet from city resident Actio n i\l()ti()n 1) ,T Second 1) ,T NTote Fo�llo�w Up Bodie s I,,, C-Ity C-oulicil \ C-loulicil R('---A I,,,Ac,,e17cLa Pa °e t (:)7/ -09- 2012 \6.3 Cloa I Tal: Seahli t. cic)cx Environmental concerns 1110111111w- 0 NBUtion Control Agency f you decide to sealcoat ,-our asphalt driveway this year., there are a few things you should know. Sealcoating makes old asphalt look new and protects its surface, but there are serious environmental concerns with its use. Se,alcoat comes in two basic varieties: coal tar-based and asphalt-based. The coal tar variety is more resilient, but it contains much higher levels of a class of chemicals called, P` .Hs (polN T cyclic aromatic hydrocarbons) that harni fish', and with prolonged exposure, pose a risk of cancer in humans (see Figure 1). Environmental problems Coal tar is a waste material generated in the conversion of coal to coke. Manufacturers choose coal tar for sealcoat because of its resistance to petroleum products like gasoline and oil,, which drip from cars and deteriorate asphalt surfaces. In time, sunlight and vehicle traffic wears down sealcoat and sealcoat flat-ces are washed awav by rain or carried zmvay by wind,, contaminating stormwater ponds, streams and lakes with PAHs. PAHs cause tumors in some fish, disrupts the reproduction of aquatic organisms!, alid causes some water-bottom species to avoid sediment altogether. Health risks to hum,-uis related to PAHs are based on the length of exposure to vapors or sediments contaminated with PAHs. PAH Concentrations Coal tar contains as much as 30 percent PAHs by weight. A study in Austin, Texas, compared the level of PAHs in water coming off parking lots without sealcoat to q wq-strm4-12 * September 2009 water coming off parking lots coated with asphalt- and coal-tar sealcoat (Figure 2). Figure 1: Relative amounts of PAHs in sealcoat products An Austin, Texas, study determined that sealcoat products based on coal tar contained up to 1,000 times more PAHs than asphalt-based products. Consider asphalt- based sealcoat if you choose to coat your driveway. Figure 2: Concentrations of PAHs in runoff Asphalt-based sealcoat runoff (B) can contain 10 times more PAHs than an uncoated driveway (A) and runoff from a coal-tar sealcoated driveway (C) may have concentrations of PAH 65 times higher than an uncoated driveway. Minnesota Pollution Control Agency 520 Lafayette Rd. N., St. Paul, MN 55155-4194 * www.pca.state.mn.us 651-296-6300 * 800-657-3864 TTY 651-282-5332 or 800-657-3864 * Available in alternative formats The stud�T revealed that the asphalt-based sealcoat runoff contained 10 times more PAH than the uncoated parking lot and the coal-tar sealcoat runoff had concentrations of PAH that were 65 times higher than the uncoated lot. Maintenance expenses Besides the health effects and the danger to the environment, PAHs are making routine maintenance of storniwater ponds by cities and townships many,, man-y times more expensive because sediment With high- enough concentrations of PAHs must be disposed of differently. In Minnesotal, when some cities removed sediment from their stormwater ponds as pail of regular maintenance,, they found elevated levels of PAHs. This discovery required them to find special disposal areas, costing them mane thou sands of dollars more. Current regulation Because of the environmental problems associated with I PAHs, the Cite of Austin, Texas', Dane County, Wisconsin, and Washington D.C. have banned use of coal tar-based sealcoat in their Jurisdictions (asphalt- based sealcoat may still be used). Recent legislation passed in Minnesota bans the purchase of coal-tar sealcoat products by state agencies by July 11, 2010. Recentiv, two national home- Coal-tar-based Driveway Sealcoat * wq-strm4-12 • September 2009 improvement retailers, Loves and Home Depot., took coal tar-based sealcoat off their shelves. Check with your local unit of government to see if there are am restrictions. Make the right choice The best choice may be to not sealcoat your driveway at all. But if N,-ou do choose to sealcoat', study labels carefully to be sure to find an asphalt-based product. Lower concentrations of PAHs in waterwaN TS Will prevent costly maintenance for your city and keep w,atei­xN,-ays safe for fish and other aquatic organisms. If you have leftover material after sealing your driveway,, you can re-use or recycle it at -our community s household hazardous waste facility. To find your local ficicilitV, VjSjt* X\� -1-,\7 Taste 111 w,pca,.st atemn.us/ N hh References Van Metre, P.C., ]abler ', BJ.1, Scoggins, M., and Hamilton', P.A.,, 2006. Parking Lot Sealcoat- A M * Y or Source of Pol- 7 cyclic Aromatic Hydrocarbons qJ .1 (PAHs) in Urban and Suburban Environments. A USGS report prepared in cooperation with the Citv of Austin, Texas. Minnesota Pollution .. . .. . .. .. C�.wWol Al",ncy Minnesota Cities X20 Tot 1. Wh to Bea r La e 2. Roseville 3. Maplewood 4. Greve Heights 5. Falcon Heights 6. Buffalo 7. Rosemount 8. Cannon Fall 9. Centerville 1,0. Circle Pines 1,1. Eden Prairie 12, Edina 13. Golden Valley 14. Inver Grove Heights 15. Little Canada 16. New Hope 17. Newport 18. Prior Lake 19. Sh�orevie r 20. Vadn�ais Heights LMC SAMPLE ORDINANCE A CITY ORDINANCE REGULATING THE USE OF COAL TAR-BASED SEALER PRODUCTS INTRODUCTION AND INSTRUCTIONS: This ordinance contains a number of provisions a city may adopt. A city wishing to adopt this ordinance should review it with the city attorney to determine which provisions are suited to the city's circumstances. .A city can modify this ordinance by eliminating provisions that concern activities it does not seek to regulate. The city attorney should review any modifications to ensure they conform to state law. This model ordinance is drafted in the form prescribed by Minn. Stat. § 412.191, u,bd. 4, for statutory cities. Home rule charters often contain provisions concernin,(z how the city may enact k-./ ordinances. Home rule chat-ter cities should consult their charter and city attorney to ensure that the city complies with all charter requirements. If your city has codified its ordinances, a copy of any ordinance regulating the use of coal tar-based sealers must be furnished to the county law library or its designated depository pursuant to Minn. Stat. § 415.02 1. This ordinance may affect current blacktop sealer practices within the city's jurisdiction. Therefore, prior to ordinance adoption, the city may want to provide commercial sealer companies, city residents, and other interested persons an opportunity to provide input. ORDINANCE NO. AN ORDINANCE REGULATING THE USE OF COAL TAR-BASED SEALER PRODUCTS WITHIN THE CITY OF , MINNESOTA THE CITY COUNCIL OF THE CITY OF DOES ORDAIN: SECTION 1. PURPOSE. rivers d other bodies of water The k e City f understands that laes, ,) I streams an are natural assets which enhance the environmental, recreational,, cultural and economic resources and contribute to the general health and, welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and, certain health and, environmental concerns. The purpose of this ordinance is to regulate the use of sealer products within the City of 1) in order to protect, restore, and, preserve the quality of its waters. SECTION 2. DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clear indicates or requires a, different meaning: ASPHALT-BASEDSEALER. 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. UNDILUTED COAL TAR-BASE DSEALER. A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, park-ing lots and other surfaces. CITY The City of MPCA. The Minnesota Pollution Control Agency. PAH,v. Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed, during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans.) fish") and other aquatic life. SECTION 3. PROHIBITIONS. A. No person shall apply any undiluted, coal tar-based sealer to any driveway, parking lot') or other surface within the City of B. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. C. No commercial sealer product applicator,) residential or commercial developer, or of similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. SECTION 4. EXEMPTION. Upon the express written approval from both the City and the NWCA, a person conducting bona fide research on the effects of undiluted coal tar-'based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in Section 3. The provisions of this ordinance shall only apply to use of undiluted coal tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within the City. SECTION 6. PENALTY. 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. SECTION 7. SEVERABILITY. 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. SECTION 8. EFFECTIVE DATE. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. St t. § 412.19 1, subd. 4, as it may be amended from time to time.) which meets the requirements of Minn. Stat. § 33 1A.01, subd. 10, as it may be amended, from time to time. Passed by the Council this day of , 20 ivi Fffff: =.- q F Dear Elk River Council Member: Last week a man in a truck came to my home and offered to "seal-coat" my driveway for a pretty reasonable price. I asked him is he used coal-tar sealant and he smirked and said yes, he did. I asked him if he was aware of how dangerous this was to the environment and us. He basically indicated that he did not care. He i also told me he had just done seven driveways n our development. We live in the Park Point Development in Elk River which abuts Klever Marsh. Coal Tar is a toxic compound that is carcinogenic and linked to several cancer and other health problems. Two articles in the Star Tribune (April 21, 2012 and October 8; 2011 enclosed) reported that the umse of this chemical on driveways in the city have rendered some of the inner city ponds and lakes "uninhabitable". Fifteen cities in Minnesota have a ban on coal tar sealants. Even breathing the dust from this sealant is dangerous. Are we using this on our playgrounds and parking lots as well? There are alternatives and in the Interest of our health and our lakes and rivers please consider banning this harmful sealant! Might we be listed among those cities that are not only progressive but as our slogan suggests (Powered by Nature) also a guardian of nature. Sincerely hopeful ­4L Pat Roles Elk River S a 14'b u n e t; eWF Er More Minnesota 6"fies ban drivewev sehaler cited as pollutant � V� Articleby: LAUR�t BLAKP Star Tribune Oottober 18, 201 Olt - 8: 18 PM 141 the 18 mon'Uhs since Nilte Bear Lake became It-he first Minnesota city to forl)id a common type of driveway semant, about, a dozen olt-hershave f6lowed, as evidence mounts that chemicals from she sealants are creating a hazardous and expensive problem in storm-water ponds. sealants riveways and contractors who app � li y The bans on coal-tar sealants apple to homeowners who sea' their own o commerciai, A/. Soth are now expected to choose safer, ash -based sealers. A'Wthough he sealant industry disputes the findings, research by the Minnesota Pollution Control Agency shows a connection between coal-tar sealant's put on diriveways and parking lots and the IF-WHes poly aromatic hydrocarbons ) that are showing upin city storm-water ponds, said Don Berger, state orogram administrator of storm-water policy in One MP CA's municipal division. The PAHes are believed to be harmful -to humans, fish and other actuatic ire. "Data we have collected over the last, year indicate that there is a good percentage of these po utants tied to coal-tar sealants," Berger said. "The NIIPCA will continue to support municipalities who choose to phase out the use of coal-tar-6ased sealants to reduce a known source Of contamination to storm-water collection systems," he said. With an estimated 20,000 storm ponds in the metro area, cities are discovering that many ponds contain PAHes. Because the MPCA requires cities to keep storm pon0s clean and in good working order, and to dispose of contaminated pond sediment in specific ways, some cifies face astronomical storm-water costs. tine iesealants have done so to become eligibie for MPGA cleanup grants. �ndeed, . e cities that have outlawed til f - Circle Pines put.. a �n in place and received $45,000 from the state to help pay $100.,000 in pond sediment disposal costs, said City Administrator Jim Keinath. Inver Grove Heights, the latest city to forbid use of the sealants, also is counting on a grant after its ban takes efflect, City Engineer Tom KaIdunski of city council members. After just of f testing . he city's 578 storm-water bonds, he has found three ponds with contaminated sediments -- two with 12 such high feves of PAHIes that they must be disposed of in a sanitary 'Ondfill at a cost ranging from $1120,000 to $1$0,000. 112very city. is in the same situation -- it's a huge problem," said Mite Bear Lake Public works director Mark Burch. Before the end of the year, an W, PA work group is expected to release new research and recommendations to give cities Further options for disposing o� pond sediments. industry disputes WCA claim Ttie MP CA is talking with the Pavement- Coatings Technology Council -- which represents the sealant industry -- in hopes of encouraging the group to voluntarily phase out the, material. Anne Lel'uray, executive director of the group, said the council will look over the MPGA's latest research, but "it, remains 4 if our vi ew -- and I think we have the science to back it up -- that the original claim! i made by MPCA is incorrect, Joust and wooO Smoke @re greater sources of PAHes than Coal-tar sealants w1flat they think they will do." L-eHuray said. "The bans will nor, o But Outlawing the sealants has worked wellfor \tAite Bear Lake ode. if Surch sajo, From our persPeCtive there wasn't a down st TO cooperate with the ban, many farg E_ 11 Cq asphaft based sealants, he saici. e retailers have taken Coal-tar sealants off their s! elves and rejol c d them with he sai Acceptable product-S carry a labelthat says asphalt immersion, �f Businesses aISO switched -to asphqft products, Burch said. The [sea fantj industo. was ver/ concerned, but � talke "to private Commercial guys doing PPPlications on driveways 0 They told me 'hat they've 90t a" types of oroducts. C! The cOst 01' disposing of sediments starts wn-en a, city hires someone to take a $ample and test it. ner se iments can be SCooped C J f ponds and spread on the ground a$ frill, but costs climb if It must be taken ' to a landfilil, Berger said, Even if cit" ies Could a,111`6rd it, there isn't room in landfift to accept all the contaminated on sediments. i t I Yfith that 'n mind, Mite Bear 'Lake is now testing the prospects for st-loring sediments In a ber where they were removed. C Ose to Varney Lake, "1110,4 will dePOsit the sediments, cover it over, seed it and put a trail on top," Starch said, 1'f0!10W-u0 monitoring shows tha,�- Q contaminants staY Dut and don't become a probtem, will be a lle�ss-expensive option "" terrain the sediments, Surcjj said. to Laurie Slake * 952-746-3287 0 2011 Star Tribune 1bune Driveway sealantis und, er assault Article by: LAUR E BLAKE Star Tribune April 21, 201.2 - 9:03 PM Rosemount W i ll and its name "to a list of about 1,5 cities 'hat ban a common twoe cyll driveway sealant to stop chemicals fro m rUnning off into storm-water ponds and creating expensive and hazardous poillution problems. T i A new ordinance that goes into effem This week prohibits the use of coal -gar sea nts for blacktop driveways, parking pots and other surfaces. Rosemount residents will be expected to -use -- and hire contractors who use -- safer, asphaft -based sealers. A violation would be puns shabte as a misdemeanor. The Minnesota PoTBution Contr6 Agency has found that coal'-tar sealants are a key contributor to PAle s (polycyclic aromatic hydrocarbons) that are showing LIP In storm-water InUding ponds in Minnesota. The PAHes make the silt that builds up in storm- water ponds both hazardous and expensive to dispose of. Sons by cities on coal tar sealants help reduce this po4utant, said Don Berger, M.P program administrator of storm-water policy. "The longer that co wear sealants are out down on hard surfaces, the more it, extends the proNem." R, Una lfl,frorn coal-tar lbaseO cirliveway an6 parking ot sea'aniz anc','akes, c can coflectin storm -water po nds ausing expensive and hazarcIOUSIOrODierns. Other cities that have �anned coal4ar sealants inCklde Inver Grove Heights, Prior Lake, Edina, Falcon Heights, Golden Va4ey, '--'o t, Star 7-NOUne LitfJe Canada, Maplewood, New Hope, Roseville, Vadnals Height's and White Bear Lake. he MP CA counted it a major victory in March when Jet Black tnternationa% a large national franchiser of Davement sea!- coating based in Eagan, announced that it would v6un1f.-a6,y phase out coal-tar-based sealants for all. 25 Minnesota I franchises this year and change to a safer asphalt emOsion by 2013. "Coal-tar residues that can contaminate storm-water ponds may become a thing, of the past thanks to a voluntary phase-out by ... Jet-Slac nt ern aflonaf," the WIPCA said on its websile in March. "When an industry leader embraces science-based recommendations ke this, it rea4y helps," MPCA Commissioner Paul Aasen said., An extensive survey by the MPICAfFound that the only reitai or st-111 selling coaltar-based driveway sowers are Sears and Hardware Hank, Rosemount Public Works Director Andrew Brotz'er reported, to the Cittv Council Aorl! 3., Rosemounl[ staff found no re"Milers se4ling the coal' tar products in Rosemount .r � he M.00Astill has no idea how many of the 20,000 storm ponds in the metro area contain pollutants, Berger said, "We don't have an answer to how many are contaminated to t(he point where their sediment needs to go I . ,o a mun cipal solid TI waste !Ianrift t L Citiels are in the micist of taking a surve y, ot their ponos to report their number and conduit on'i'o ttie state.. Once that, information comes in, the size of the storm pond pollution proWem will be clear, bul". w -hat to do about it has not been addressed, Berger said. Laurie 81akee 952-746-3287 @,)2011 Star Tribune ORDINANCE NO. 12- CITY OF ELK RIVER AN ORDINANCE ADDING ARTICLE XII TO CHAPTER 30 OF THE CITY OF ELK RIVER CODE OF ORDINANCES, REGULATING THE USE OF COAL TAR - BASED SEALER PRODUCTS WITHIN THE CITY The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Chapter 30 of the City of Elk River Code of Ordinances Shall be Amended to add new Article XII, as follows: Article XII. Asphalt Sealer Applicators DIVISION 1. GENERALLY Sec. 38 -530. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates 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. Coal tar- A byproduct of the process used to refine coal. Coal tar -based sealer- A sealer material containing coal tar and is for use on an asphalt or concrete surface, including a driveway or parking area. City: The City of Elk River. PAHs: Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life. Sec. 38 -531. Purpose of article. The City of Elk River highly values lakes, rivers, streams and other bodies of water as natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt surfaces is a common maintenance practice. However, scientific studies on the use of pavement sealers have demonstrated a relationship between stormwater runoff and certain health and environmental conditions, including the presence of Polycyclic Aromatic Hydrocarbons, a known carcinogen. The purpose of this ordinance is to regulate the use of sealer products within the City of Elk River, in order to protect, restore, and preserve the quality of its waters. Further, it is the purpose of this ordinance to enhance compliance with the application prohibition through regulating the sale of certain products. Sec. 38 -532. Penalty. Any person violating this article shall be guilty of a petty misdemeanor. The city may revoke a commercial applicator's license for repeated violations of this article. Sec. 38 -533. General regulations. a. No person shall apply any coal tar -based sealer to any driveway, parking lot or other surface within the City of Elk River. b. 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, parking lot or other surface within the city. c. 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 to apply any coal tar -based sealer to any driveway, parking lot or other 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. d. The provisions of this ordinance shall only apply to the 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. Sec. 38 -534. Sale of Coal Tar -Based Sealer Restricted. A person may not sell a coal tar -based sealer product within the city, unless: a. The sale is to a person who intends to use the coal tar -based sealer outside the city's planning jurisdiction; and b. The seller requires the purchaser to complete and sign a form provided by the city that includes: 1. The name, address, and phone number of the purchaser; 2. The date of the purchase; 3. The quantity of coal tar -based sealer purchased; 4. A statement that the coal tar -based sealer will not be used within the City of Elk River; 5. An affirmation by the purchaser that the information on the form is correct; and 6. The seller retains the completed form for a period of not less than two years and allows the city to inspect or copy of the form upon request. DIVISION 2. LICENSE Sec. 38 -535. Required. No person, firm, corporation or franchise shall engage in the business of applying asphalt sealer products within the city unless a license has been obtained from the building and zoning administrator as provided in this division. Sec. 38 -536. Application procedure. Applications for a commercial asphalt sealer applicator license shall be submitted to the building and zoning administrator. The application shall consist of the following: Application foam. Application forms shall be provided by the city and shall include the following information: a) Name, address and telephone number of applicant and any individuals authorized to represent the applicant; b) Description of asphalt sealer formula proposed to be applied within the city; and c) A time schedule for application of asphalt sealers. 2. Product maten'al safety data sheet. A copy of the material safety data sheet, including product chemical analysis of the intended asphalt sealer, shall be submitted to the city along with the initial application for a license, and, thereafter, at least seven days before composition changes are implemented. State licenses. A copy of all licenses required of the applicant by the state regarding the application of sealer products. 4. License fee. The license fee amount shall be set by ordinance of the City Council from time to time. The license shall expire on December 31. The license fee shall not be prorated. Sec. 38 -537. Conditions of license. Asphalt sealer applicator licenses shall be issued subject to the following conditions, which shall be specified on the license form: 1. Random saanpling. Applicators shall permit the city to sample any commercial sealer applications to be applied within the city at any time after issuance of the initial license. 2. Possession of license. The commercial sealer license or a copy thereof shall be in the possession of any party employed by the commercial applicator when making applications within the city. 3. Possession of the product maten'al safety data sheet. A copy of the product material data safety sheet of the sealer used shall be in the possession of any party employed by the applicator when making applications within the city. 4. State regulations. The licensee shall comply with all provisions of state law. Section 2. That this ordinance shall take effect upon adoption and shall be published as provided by law. Passed and adopted by the City Council of the City of Elk River this _13Ih day of August, 2012. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk ORDINANCE NO. 12- CITY OF ELK RIVER AN ORDINANCE ADDING ARTICLE XII TO CHAPTER 30 OF THE CITY OF ELK RIVER CODE OF ORDINANCES, REGULATING THE USE OF COAL TAR - BASED SEALER PRODUCTS WITHIN THE CITY The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Chapter 30 of the City of Elk River Code of Ordinances Shall be Amended to add new Article XII, as follows: Article XII. Asphalt Sealer DIVISION 1. GENERALLY Sec. 38 -530. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates 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. Coal tar- A byproduct of the process used to refine coal. Coal tar -based sealer- A sealer material containing coal tar and is for use on an asphalt or concrete surface, including a driveway or parking area. City: The City of Elk River. PAHs: Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life. Sec. 38 -531. Purpose of article. The City of Elk River highly values lakes, rivers, streams and other bodies of water as natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt surfaces is a common maintenance practice. However, scientific studies on the use of pavement sealers have demonstrated a relationship between stormwater runoff and certain health and environmental conditions, including the presence of Polycyclic Aromatic Hydrocarbons, a known carcinogen. The purpose of this ordinance is to regulate the use of sealer products within the City of Elk River, in order to protect, restore, and preserve the quality of its waters. Further, it is the purpose of this ordinance to enhance compliance with the application prohibition through regulating the sale of certain products. Sec. 38 -532. Penalty. Any person violating this article shall be guilty of a petty misdemeanor. Sec. 38 -533. Use of Coal Tar -Based Sealer Prohibited. a. No person shall apply any coal tar -based sealer to any driveway, parking lot or other surface within the City of Elk River. b. 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, parking lot or other surface within the City. c. 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 to apply any coal tar -based sealer to any driveway, parking lot or other 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. d. The provisions of this ordinance shall only apply to the 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. Sec. 38 -534. Sale of Coal Tar -Based Sealer Restricted. A person may not sell a coal tar -based sealer product within the City, unless: a. The sale is to a person who intends to use the coal tar -based sealer outside the City's planning jurisdiction; and b. The seller requires the purchaser to complete and sign a form provided by the City that includes: 1. The name, address and phone number of the purchaser; 2. The date of the purchase; 3. The quantity of coal tar -based sealer purchased; 4. A statement that the coal tar -based sealer will not be used within the City of Elk River; 5. An affirmation by the purchaser that the information on the form is correct; and 6. The seller retains the completed form for a period of not less than two years and allows the City to inspect or copy of the form upon request. Section 2. That this ordinance shall take effect upon adoption and shall be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 13 I day of August, 2012. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk City "f EIE liver 13065 Orono Parkway Elk River, 1,4N 55330 August 9, 2012 Dear Asphalt Contractor: Similar to many other communities throughout the state, the City of Ells River is seeking to adopt an ordinance banning the sale and application of any coal tar -based sealer to any driveway, parking lot, or other surface within the City of Elk River. This ordinance will be brought to the City Council on August 13, 2012, and will take immediate effect once it is passed. The use of sealers on asphalt surfaces is a common maintenance practice. However, scientific studies on the use of pavement sealers have demonstrated a relationship between stormwater runoff and certain health and environmental conditions, including the presence of Polycyclic Aromatic Hydrocarbons (PAHs), a known carcinogen. The purpose of this ordinance is to regulate the use of sealer products within the City of Ells River, in order to protect, restore, and preserve the quality of its waters. Further, it is the purpose of this ordinance to enhance compliance with the application prohibition through regulating sale of certain products. Enforcement will be taken on any person violating this ordinance. Please contact the City of Ells River Environmental Division at 763 - 635 -1000 for more information. Thank you for your cooperation. Sincerely, Rebecca Haug Environmental Administrator City of Ells River Phone: 763.635.1000 Fax: 763.635.1090 www.cLelk-rivermn.us P 0 W E R E 0 B Y N'AtURE]