§ 92.10  COAL TAR-BASED SEALER.
   (A)   Purpose.
      (1)   The city 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 purpose of this section is to regulate the use of sealer products within the city 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 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 that is commonly used on driveways, parking lots and other surfaces.
      MPCA. The Minnesota Pollution Control Agency.
      PAHs. Polycyclic Aromatic Hydrocarbons, which is a group of organic chemicals formed during the incomplete burning of coal, oil, gas or other organic substances. It is 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 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.
   (D)   Exemption. Upon the express written approval from both the city and the 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 prohibitions provided in this section.
   (E)   Asphalt-based sealer products. The provisions of this section shall only apply to use of coal tar-based sealer in the city and shall not affect the use of asphalt-based sealer within the city.
(2001 Code, § 600.19)  (Ord. 12-10, passed - -)