The URL can be used to link to this page

Home My WebLink About2.D. Ordinance Regulating Use of Coal Tar-Based Sealer Products ROEMOUN T EXECUTIVE U E SUMMARY CITY COUNCIL City Council Work Session: March 14, 2012 AGENDA ITEM: Ordinance Regulating Use of Coal Tar- AGENDA SECTION: Based Sealer Products Discussion PREPARED BY: Andrew J. Brotzler, PE, Director of , ..lic AGENDA NO . Z Works / City Engineer ATTACHMENTS: Ordinance; MPCA Document; Sample APPROVED'BY: Educational Materials # D RECOMMENDED ACTION: Discussion ISSUE: At the April 11, 2011 Utility Commission meeting and the June 15, 2011 Council Work Session, staff members discussed the negative effects of coal tar -based pavement sealer products on City stormwater drains,.stormwater,ponds, and wetlands. Based on those discussions and the information that staff has i gathered regarding this issue, an ordinance is proposed to restrict the use of these products in Rosemount. BACKGROUND: In early 2011, a resident of the Crosscroft Community contacted the City with concerns about the material content of the sealer used on the private streets within Crosscroft. The resident attended the April 2011 Utility Commission meeting and provided test results obtained from Dakota County: of a sample of run- off from the streets in Crosscroft. The test results for the sample indicate the presence of polycyclic aromatic hydrocarbons (PAH). Aside from this, there has been no testing of samples from,City stormwater ponds and wetlands. Testing for PAH ranges from $500 to $700 per test, depending on the number of sites tested. An informal review of local home improvement stores by a Commission member indicated that the driveway sealants being sold locally are not coal tar -based products. An extensive survey conducted by MPCA research scientist Judy Crane confirms that the only retailers still selling coal tar -based products in the Twin Cities area are Hardware Hank and Sears. Additionally, the attached article was recently published by the MCPA on a local contractor that is voluntarily moving away from coal -tar based driveway sealer product. Attached is a document from the MPCA outlining the status of actions taken to restrict or discontinue use of coal tar -based sealants throughout the Unites States, including cities throughout the Twin Cities metroarea. Adopting an ordinance to regulate the use of coal tar -based sealer products in Rosemount would not appear t'o have a significant downside, and would romote the protection of stormwater ponds Pp � � p p P and wetlands. Informational materials (similar to the attached samples) will be published in a future newsletter and on the City website to promote the new ordinance and educate,Rosemount citizens and business owners about the harmful effects of coal tar -based sealers. I C: \Users \ajd \Desktop \20120314 CWS Coal Tar Ordinance.docx ' t t � I t � CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE REGULATING THE USE OF COAL TAR -BASED SEALER PRODUCTS WITHIN THE CITY; ADDING CHAPTER 9 TO TITLE 9 OF THE ROSEMOUNT CITY CODE THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS as follows: SECTION 1. The Rosemount City Code is amended by adding Chapter 9 to Title 9 as follows: 9 -9 -1: 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 chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: A. ASPHALT -BASED SEALER. A petroleum-based sealer materialthat is commonly used on driveways, parking lots, and other surfaces and that does not contain coal tar. B. COAL TAR. A byproduct of the process used to refine coal. C UNDILUTED COAL TAR -BASED SEALER. A sealer containing coal tar that has not been mixed with asphalt and that is commonly used on driveways, parking lots and other surfaces. D. MPCA: The Minnesota Pollution Control Agency. E. 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. 9 -9 -2: PROHIBITIONS A. No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City of Rosemount. 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 comercial developer, or other 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. C:\ Users \caw\AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \GLRGRF8R \Ordinance re Coal Tar -Based Products - k385498v1 CLL RS215 -3.doc 9 -9 -3: EXEMPTION Upon the express written approval from both City and the MPCA, a person conducting bona fide research on the effects of undiluted coal tar -based sealer product's or PAHs on the environment shall be exempt from the prohibitions provided in Section 9 -9 -2. t 9 -9 -4. ASPHALT -BASED SEALCOAT PRODUCTS The provisions of this chapter shall 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 2. This ordinance is effective the day following its publication. Adopted this day of , 2011, by the City Council of the City of Rosemount, Minnesota. Wi lliam H. Droste, Mayor A ZEST: AmyDomeier, City Clerk � l Published in the Rosemount Town Pages the day of , 2011. 1 9 C:\ Users \caw\AppData \Local\Microsoft \Windows \Temporary Internet Files \ Content .Outlook \GLRGRF8R \Ordinance re Coal Tar -Based Products - '` *385498v1 CLL RS215 -3.doc ,y . Minnesota Pollution Status of Actions Regarding Control Agency Use of Coal Tar -Based Sealants Current as of September 6, 2011 ' t Status of Actions Taken to Restrict or Discontinue the Use of Coal Tar -Based Sealants in the United States Jurisdiction or 2010 Census Action State /District Company* Population ** l ' Ban or Ordinance District of Columbia Washington 601,723 Minnesota Buffalo # 15,453 Centerville _ '3,792 Circle Pines '4,918 Golden Valley 20,371 Little Canada • ;9,773 Maplewood 38,018 New Hope 20,339 Prior Lake 22,796 Roseville 33,660 Vadnais Heights 4 14302 White Bear Lake 23,797 New York Suffolk County 1,493,350 Texas Austin 709,893 Bee Cave 1 3,925 Washington Statewide 6,724,540 Wisconsin Dane County ¢ 488,073' Total Pbpulation 10,226,724 Restricted Use Massachusetts Jurisdictions Commonwealth Wetlands Sudbury L North Carolina Boone Government Use Illinois Lake in the Hills Restrictions McHenry County Spring Grove { Minnesota All State Agencies Missouri Springfield Hardware and Home Nationwide Distribution Ace Hardware, Do It Best, Improvement Stores that Lowe's, The Home Depot, Discontinued Coal Tar- True Value Based Sealants Regional Distribution Agway, Menards *sources: combination of Google searches, accessing Coal Tar Free America Blog (http://coaltarfreeanierica.bloaspot.com/p/cts- bans.html), personal interviews, evaluating Material Safety Data Sheets for sealant products, and in- store visits conducted by Judy L. Crane, Ph.D... * *sources: http: / /2010.census.gov /2010 census data/ and http: / /factfinder2.census.gov This list will be updated over time by Minnesota Pollution Control Agency staff, particularly for municipalities in Minnesota. tdr -g1 -12 September 2011 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 i 'Y M Brotzler, Andy From: Randy Neprash [Randy.Neprash @bonestroo.com] Sent: Friday, March 02, 2012 11:37 AM To: Randy Neprash Subject: MCSC - good news =coal-tar-based sealcoating Greetings, stormwater professionals: Please see the news release from the MPCA at the end of this message for good news on the'coal- tar- based 'sealcoating front. It's always nice to be able to pass good news along. Thanks and good luck, Randy Neprash, PE Direct 651 - 604 -4703 randy.neprash @stantec.com Minnesota Cities stormwater Coalition Municipal stormwater professionals working together for clean water [MPCA: Minnesota's Largest Sealcoater Switches to Safer Formula Friday, March 02, 2012.09:37 Contacts: Ralph Pribble(MPCA), 651 - 757 -2657; Nick Kelso (Jet- Black), 952- 212 -0410 St. Paul, Mirin. — Coal-tar residues that can contaminate stormwater ponds may ..become a thing of the past thanks to a voluntary phase -out by Eagan -based Jet -Black International, one of the nation's larger franchisers of pavement seal- coating services. " f . The company decided to voluntarily phase out coal- tar -based sealers late this winter in response to scientific data showing that coal- tar -based sealers are an important source of contamination to stormwater- collection systems in Minnesota. the switch to an asphalt -based formulation'will help keep harmful chemicals out of Minnesota's surface waters. The phase -out calls for all 25 of Jet - Black's Minnesota franchises'to voluntarily' phase out coal- tar -based sealants in 2012, with a complete change to an asphalt emulsion sealant by the start-bf the,2013 season. "Jet -Black stepped up and took action to phase out coal tar in their sealant,"-MPCA Commissioner Paul Aasen said. "When an industry leader embraces science -based recommendations like this,it helps. Coal -tar- } based sealants are a major source of contamination in storm -pond sediments, with potentially harmful impacts to the environment, human health, and the budgets of cities that own and maintain stormwater ponds." E a 1 1 a ,Jet -Black co -owner Nicholas Kelso said, "We were concerned that continued use of coal -tar sealants will lead to unsustainable. and costly pond cleanups at the expense of the citizens of Minnesota. Studies show that phasing out coal-tar sealants will help reduce the cost of these cleanups, so Jet -Black and our Minnesota franchise owners believe this is the responsible thing to do." Kelso added, "Sealcoating itself is not the problem. It's the recipe that's important, and coal tar is being removed from Jet - Black formulations." { Recent research shows that chemicals in coal- tar -based sealants called polycyclic aromatic hydrocarbons (PAHs) accumulate in the sediments of stormwater ponds. The legislature in 2009 required Minnesota state agencies to stop using coal -tar formulations. Since then the MPCA has been working with cities and retailers to encourage switching to asphalt -based sealants, which contain much lower levels of PAHs compared to coal -tar formulations. wi PAHs can be harmful to human health at sufficient concentrations, "and some are classified as carcinogenic by the U.S. Environmental Protection Agency. Research by the United States Geological Survey, the MPCA, and other agencies has found that the chemicals wash off pavement treated with coal -tar sealants, and then accumulate in the sediments of stormwater ponds and wetlands. Cities must maintain stormwater ponds by dredging them, and if the PAH concentrations in the dredged material are high enough, disposal can be very costly. Some Minnesota cities have passed ordinances banning the use of coal -tar sealants. Jet -Black has provided both coal -tar- and asphalt -based sealants to its franchise owners for years but after 2012 will provide only asphalt-based products. Jet -Black has 821ranchises in the United States. "This company`is one of the larger in the sealcoating business, so their switch to"asphalt -based products represents a big step forward for protection of human health and the, environment, ";Aasen said Last modified on Friday, March 02, 2012 09:46 f h w 1 s , 1 2 1 t 4 ti .. <. • 1 . rr. r S „F Coal Tar =based Sealcoat Environmental concerns Minnesota Pollution wq- strm4 -12 • September 2009 Control i water coming off parking lots coated with Agency f you decide to sealcoat your asphalt g p g driveway this year, there are a few asphalt- and coal -tar sealcoat (Figure 2). things you should know. Sealcoating Figure 1: Relative amounts of PAHs in makes old asphalt look new and protects its sealcoat products surface, but there are serious environmental 1 concerns with its use. • , 3: w _ f ., 0 " :2""""k -# Sealcoat 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 ;. f called PAHs (polycyclic aromatic -*� hydrocarbons) that harm fish, and with prolonged exposure, pose a risk of cancer `. s in humans (see Figure 1). An Austin, Texas, study determined th Environmental problems sealcoat products based on coal tar contained up to 1,000 times more PAHs than Coal tar is a waste material generated in the asphalttbased products. Consider asphalt - conversion of coal to coke. Manufacturers based sealcoat if you choose to coat your choose coal tar for sealcoat because of its driveway. resistance to petroleum products like gasoline and oil, which drip from cars and Figure 2: Concentrations of PAHs in runoff deteriorate asphalt surfaces. In time, sunlight and vehicle traffic wears down sealcoat and sealcoat flakes are washed by rain or carried away by wind, I A+, x,11- contaminating stormwater ponds, streams f and lakes with PAHs. PAHs cause tumors in some fish, disrupts _. the reproduction of aquatic organisms, and Ormot causes some water - bottom species to avoid umrom sediment altogether. Health risks to " ,•., humans related to PAHs are based on the length of exposure to vapors or sediments Asphalt -based sealcoat runoff (B) can contain 10 times more PAHs than an uncoated contaminated with PAHs. driveway (A) and'runoff from a coal -tar sealcoated driveway (C) may have PAH Concentrations concentrations of PAH 65 times higher than an uncoated driveway. 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 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 r The study revealed that the asphalt -based sealcoat runoff improvement retailers, Lowe's and Home Depot, took contained 10 times more PAH than the uncoated parking coal tar -based sealcoat off their shelves. Check with your lot and the coal -tar sealcoat runoff had concentrations of local unit of government to see if there are any PAH that were 65 times higher than the uncoated lot. restrictions. 1 . Maintenance expenses Make the right choice Besides the health effects and the danger to the The best choice may to not sealcoat your driveway at environment, PAHs are making routine maintenance of all. But if you do choose to sealcoat, study labels stormwater ponds by cities and townships many, many carefully to be sure to find an asphalt -based product. times more expensive because sediment with high- Lower concentrations of PAHs in waterways will enough concentrations of PAHs must be disposed of prevent costly maintenance for your city and keep differently. waterways safe for fish and other aquatic organisms. In Minnesota, when some cities removed sediment from If you have leftover material after sealing your their stormwater ponds as part of regular maintenance, driveway, you can re -use or recycle it at your they found elevated levels of PAHs. This discovery community's household hazardous waste facility. To required them to find special disposal areas, costing find your local facility, them many thousands of dollars more. visit: www.pca.state.mn.us /waste/hhw Current regulation References Van Metre, P.C., Mahler, B.J., Scoggins, M., and Because of the environmental problems associated with PAHs, the City of Austin, Texas, Dane County, Hamilton, P.A., 2006. ,Parking Lot Sealcoat: A Wisconsin, and Washington D.C. have banned use of Major Source of Polycyclic Aromatic Hydrocarbons- coal tar -based sealcoat in their jurisdictions (asphalt- (PAHs) in Urban and Suburban Environments. A based sealcoat may still be used). USGS report prepared in cooperation with the City of Austin, Texas. Recent legislation passed in Minnesota bans the purchase of coal -tar sealcoat products by state agencies by July 1, 2010. Recently, two national home- t ' � t Coal- tar -based Driveway Sealcoat • wq- strm4 -12 • September 2009 144innesout Pollution page 2 -mil y ,-/. Arykifilly 11/141111M ' 1 ■11 ' j!* mum. • -- • / If ...... ... .,,.. r ** *SI >. ..., wi; 1, 1111,1 , qf g U.' j tit I il ; 4•••wi -.4191 i NMI if pl 1- rt:; 1/4.) \ _-_,... • ,,t f,firj t i iiif CU 1 , i ,-,- \ , ,,f ' tit • ' i 44 .. = NMI/ , _ __ LL... \ 4 ;;Iii I P I ' : ' Am ...-44/.•/-7 . 1 1 • . > lD \Mr' 0 f -' ' rlf 4-. ri a • Unn :".1FM I I et' = , r4ir r .._ , ,. , .,, a 0 yil , _c2 i , a , tznrcs •...... — - , ' 1......■••■•7 -,.- - \ , 1 1 = 1 1 kr) 441• ' '„ ,,, . ' 1,A : . ' -.N.* \\\\, ‘4 .1714,•4 1:24-1,; . ,„,.. ...... - . e.-........• r 1 1 tZ8E0 HN'wet.pna HN(1/wied uew6uN lueAD e a s . 14'N . A l , .1 Nil 41 1 &UN' k 1 ••• ' .. ;.. s ' - - -- : ' : \....i V- ' I • '.' . . L . - 5 : i - ' e• , '1 ' 4 . ' * • . —i- -,, . ..• , - ,, • t ' - I , . . , .,-' , :-., .., , r .. - . ` .... 4.' ' 44- ' .1 . 1 4, ,, . •• , '7.4 ,i. • .,.. : .,. - 3- . - -- - 4 , ,.,0-- ,,i'•,^t:,- -1 6 • *. I ' .ir r. ' ..: A j i .4. L.,;,- ...,,,,..,•,.... ,, p,,,..,.....,.,"...., .4,, 7., , „.... ...,,_, ... , „...... „..,. ,..._... ,..., ,, .4„.....„_, ..., .... • ... ,. ) ''. • • " ... --' • , A 1 . C -•? . 4 1' . " 4 1 1 a • ... „ '4 .441 f i t ‘...''',, 4 i e .'". - ' ' ' -- , - ---, I V — ,.,.! -4 '.■ • t ' . .7 - - -r, r. , . 5 , ''. • - ,,,;' •,;,,,, ,,,,,- --$ , .. ? i ,.t_. . • • t , , .' ' , ,c .**',0.•'' -.1 4_,..; N • ... , ' ? "; '1 l i 1 .-"" ji - ' • A C-;- ' ' 1 ' ... • ' . 1 ;-1 , ! , f2. " ' "•. .1 -.: ‘. - s 4 ‘ .,:. 4\ 0 . 4 .:. _ r.:' !,16 -(^r.? . , -.., ..... ' -`1 i ' . /1 . . . .4 , ,. 0 • ';':. . . ' S 4. . . . 1 . . ' • . , . .. . . • ( ' :). I t . 1 4,. . .., t — 4 .• • ; ;'' I ' f . 1 : , ... • t ,- ..11/4„: :1 -, 4 .,•,-_, _ ... •• :,•, ‘,,,... _ 4 • -. ' E.... - ,-; V 4 , 0 • 4 .4 .. . s .0 7-.1 8 , 1 , `O' ') 03 4.: • , • ' 7. , 2 - '• 12 % ''' E. ' `a 7 a o ' • C ,o r ::4- ...r.,E , = • 0.. f f -8 ‘‘ _2 ..s < V :55 C73 - 0 ti t_ • . C . . `-‘,.-: ;?. ' 72 0 -E - 2 , ,c v al >‘ C 4'3 8 '''g " 8 ' TA .; *.E' t Z - c . , ..1. , ,c,, 1._ ? - - - >., •t.„ E t3 ••" ,e-------. Tp: ,t I - /4 ,. • ,; E -2 5 -0 ', u >_ 0 -0 , •d E - a m .0 7,5 '' '''=' '% *c. 4 ,, ,2 --,,••, s• 0 .'," '- 0 D g ( ,Y ',-,. E • t ?. = 0 E `.'' *, '81 - , c, 2 w - ",,i .E. - - . i 'a `a ,,' 'rT, m a+ .- ,E c ` ' • `2. = 0 _ •,,-; ..., , o CT, 3 ..., . > '=.,, ;_, 17,' ,,,' sT. ;' -7, o - - ,t - -- ',7. a ,,,, 73 `,T., ,. - a i 0 t - • 1 „.„......._ • .t - 2 ' - c' ' '2 'g i l E A , g_ ., . ',--, a- 44 4 4•73 °.' -0 f'.0. 4- ' -, ,f, . Lt . 0 :- -C . •-• CD u L' • , t 2 ,;., TT, 2 ., , -0 • .........„,. , 7 2 ■+ - 2 ,, E '43 y, -",; ' t '5 2 - 8 '1,- 7, 8 ,‘' :.2 :1:3 i z' a • - .) 8 7 0 8 , E '(' § '' , :ito-.c>. >.-212,80 . _„, 0 1 ...... r ., u. .. .., - , .- „; - - — - . ' , y :- x - • - ‘-' 'i i:0 ° I. ''. . .' 4 ° i C '''•'' ¢ - .: 4 , 7 1 ' • ' • t :1 4 - I , 2. '.* • 0 ''' ...1 '' .. ' 4 V ' 1 • • * ,, A • . .• , • • ,,,, , Ar -, 1 . • • 4 i - • - 4. • , ... ' I a _ o ° 7' v i ▪ is 3 '" T Q E ip o- E v c a, Y o = 6 3 a L Lt. o ra o o o ° >, I, v v %v v Ui .c o v 3 ` m_c m y o a° I '" , 4 o f 7 7 0 ° . - O a a, E - o a, o O o 0 o a i T N O L m u F O u . ° D W C � H v ,2' T+ 4' _°a, `. w -':' ,,, -O ,.., 8 • � _' a, ,L.+ L a H a' a, c '° L o' '-' Y L c Y u fl- • ' v -° c N v Q- v N v o a, O - G 2 Q rp 'O O O V a/ 9 L rp O a ro v u v >, v O s ',I , j + N N 0 iaiu ' , a rt ' O N k u O c : . ,� a,' , d o 8 m °c t 11 = agif N N .-• is N O O ` Y � t AS(i s CO = ., V , E u O c is , "" 4 v�' ' (a "' 1. r fi€ � A tof , ¢l , • > • 4E. o@ N o a v a ' � C V O rp 3 Z Y T � O T T Y � ,O„ c -O a, -o : N L a' , N c -O Y o L N . *,s ra m= c o N o , @ O CO 8 T %. -O to 0 Y d r0 c Q L n3 v m a i s o, 3 v i v " . ,E T O O Q L ✓ O aka' am-co L a o c_ a c u 1; rp a , y v u f-' e v 3 ' c L 4 .' Y > c a, a a, 'O E a • ' ,, 2 E '-^ L 4..-. ' m = Y v a a, ar A v m ov . �c� M 3Yc Z c a j a E O a v v 3= E v " loo ° 3 o c o h w v ra Y O ¢ o • T ' \ E j 0 aa . Y T C,, O E ) r ' O O _ u ro _ F' r -� N-- a, a, c o ,-, a, , 3 r Y > ' c C \ > a, H al _c rp c N -O O a E 3 3 a c ° o G v ■ c c Y o 2 E 2 c 3 2 U 0 u =, ti \\ A Q C j C YO 01 O L ,T' 3 C 2 15' V LIMO CI) 4 a O 1 'O U a Oi ON ? -O 2 O / E 3 c= 4--• E c E a. -- . a v u 01 p v Ol C N [L V h O T 'O '6 r6 al .. w c p Y Y, a ` — ° a, 3 u v > 3 o a ° i v, o E L a , &, o m ° c 1 V1 ,r U> 0 1 ' CL % C o c C C N O l E N a_+ .' .2 v v , 0 6 Y ,„ 0. - c v � F O >. L: > ./ C,,> L B c,o Y C c 2° 1.",;-..1-:' p f 2 °°> c a o o ac, a: 3 H a o °u � L, t 4 « - -,4, z 7 ' *.* .. s** ; *,;:.■:. . S f :::: I 22 w n:1 7 U c , . V . a c ? L V O .. H O O 3 O 0 0 0` ( £ • rp 0w a?, _c 7 > L 77 O +• 0_1 _ t 1 w E Y O L V a' > t 1 ■ CV C ,' u L v R L E O 8 ' CD 2 p N Y to ▪ j L " ' f , V i'=.;-5,8--.2, � � � (i - ,+ � § r6 � V � E � 1 v Q a, V O 9, L T c L t^. � - 0- • m , L - , c V rp D s p rp O m Y N • o • _ W T. `6 ,, E 3 -6 u a, ' . V Y N - m N �, a 8 - ° L O a rp N O a, a i a, l y 3 v°', 70 E 8 5 1 13 -o 8 v 2 '