A. Purpose: The city understands that the lakes, rivers, streams and other bodies of water within the city are natural assets that enhance the environmental, recreational, cultural and economic resource of the city and that they 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 section is to prohibit the use of coal tar based sealer within the city to protect water quality within the city.
B. Definitions: For purposes of this section, the following shall mean:
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 used as a sealer on asphalt and concrete surfaces, including driveways, parking lots, and other surfaces.
MPCA: The Minnesota pollution control agency.
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.
C. Use Of Coal Tar Based Sealer Prohibited:
1. No person shall apply any coal tar based sealer to any driveway, parking lot, or other surface within the city.
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, parking lot, or other surface within the city.
3. No commercial 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.
D. Asphalt Based Sealer: The provisions of this section shall only apply to the use of coal tar based sealer within the City and shall not affect the use of asphalt based sealer within the City.
E. Coal Tar Based Sealer Use Exemption: Upon the prior express written approval from both the City and MPCA, a person conducting bona fide research on the effects of coal tar based sealer or PAHs on the environment shall be exempt from the coal tar based use prohibitions provided in this section. (Ord. 1247, 11-14-2011)