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ORD 12-14ORDINANCE NO. 12- 1 • CITY OF ELK RIVER AN ORDINANCE ADDING ARTICLE XII TO CHAPTER 38 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 38 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: As balt -based sealer. A petroleum -based sealer material that is commonly used on driveways, parking rlots, 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 g Elk River ks 13t' day of August, 2012. \�W � W4-A J45E J. vietz, M UY ATTES Tina Allard, City Cler DINANCE 1V0. 12 "' 1TY OF ELK RIVER AN ORDINANCE ADDING ARTICLE XII TO CHAPTER 38 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 38 of the City of Elk River Code of Ordinances Shall be Amended to add new Article XII, as fol- lows: 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 mean- ings ascribed to them in this section, except where the con- text clearly indicates a differ- ent meaning: Asphalt -based sealer: A petroleum -based sealer mate- rial that is commonly used on driveways, parking lots, and other surfaces and which does not contain. coal tar. C, -',tar: A by product of the pi I used to refine 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 dur- ing 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, recre- ational, 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 relation- ship between stormwater run- off and certain health and envi- ronmental conditions, including thr— .sence of Polycyclic Aro- m iydrocarbons, a known cah - Logen. The purpose of this ordinance is to regulate the use of sealer products within the City of Elk River, in order to pr tect, restore, and preserve the quality of its waters. Fur- AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF SHERBURNE SS Heidi Quanrud, being duly sworn on oath says that she is the office manager of the Newspaper known as the Star News, and has full knowledge of the facts which are stated below: (A) The Newspaper has complied with all of the requirements constituting qualifications as a qualified newspaper, as provided by Minnesota Statue 331 A.02, 331 A.07 and other applicable laws, as ammended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper and was printed and published once a week for one week; it was first published on Saturday, the 25th day of August, 2012, and was therefore printed and published on every Saturday to and including Saturday, the 25th day of August, 2012. Office Manager Subscribed and sworn to before me on this 25th day of August, 2012 SHELLY RAE WESTOVER f NOTARY PUBLIC t' MINNESOTA Notary Public MY Commission Expires Jan. 31, 2015 n RATE INFORMATION (1) Lowest classified rate paid by $ 21.00 commercial users for comparable space (line, word or inch rate) (2) Maximum rate allowed by law- for $ 15.50 the above matter (line, word or inch rate) (3) Rate actually charged for the above $ 15.00 matter (line, word or inch rate) 3125024 ther, it is the purpose of this ordinance to enhance compli- ance with the application pro- hibition 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 Rivera 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. a8­534. 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 pur- chaser that the information on the form is correct; and 8. 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 wad Aall.he WNW as pwodw by . Passed and adopted by the City Council of the City of M River this i8thday of August, 2012. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk (Ag25)