(A) Purpose.
(1) The City of Waseca understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community.
(2) 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.
(3) The 2013 Minnesota Legislature enacted a statewide prohibition on the use and sale of coal tar sealant products. This new statewide prohibition has been codified under M.S. § 116.202 and is effective on January 1, 2014.
(4) The purpose of this section is to prohibit violations of M.S. § 116.202 in the City of Waseca, Minnesota, in order to protect, restore, and preserve the quality of its waters.
(B) 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 section, the following definitions shall apply unless the context clearly 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 does contain PAHs.
CITY.
The City of Waseca.
COAL TAR.
A byproduct of the process used to refine coal.
COAL TAR SEALANT PRODUCT.
A surface applied sealing product containing coal tar, coal tar pitch, coal tar pitch volatiles, or any variation assigned the Chemical Abstracts Service (CAS) numbers 65996-93-2, 65996-89-6, or 8007-45-2.
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) Prohibitions. In accordance with M.S. § 116.202:
(1) No person shall apply a coal tar sealant product on asphalt paved surfaces within the city.
(2) No person shall allow a coal tar sealant product to be applied upon property that is under that person’s ownership or control.
(3) 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 sealant product to any driveway, parking lot, or other surface within the city.
(4) 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 sealant product to any driveway, parking lot, or other surface within the city.
(D) Exemption. Upon the express written approval from the MPCA and in accordance with M.S. § 116.202, a person who conducts research on the environmental effects of coal tar sealant product or where the use of coal tar sealant product is necessary in the development of an alternative technology shall be exempt from the prohibitions provided in division (C) of this section. Any person that is granted approval by the MPCA must provide a copy of the written approval from the MPCA to the City of Waseca, Minnesota 20 days before conducting the research.
(E) Asphalt based sealcoat products. The provisions of this section shall only apply to coal tar sealant products in the city and shall not affect the use of asphalt based sealer products within the city.
(Ord. 1014, passed 2-18-14)