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HomeMy WebLinkAbout9.a. Ordinance Regulating Use of Coal Tar-Based Sealer Products – First Reading ROSE 'AOUNT EXECUTIVE SUMMARY ` ` UTILITY COMMISSION City Council Meeting:. April 3, 2012 AGENDA ITEM: Ordinance Regulating Use of Coal Tar- AGENDA SECTION: Based Sealer Products — First Reading New Business PREPARED BY: Andrew J. Brotzler, PE, Director of Public AGENDA NO. o Works / City Engineer `v ATTACHMENTS: Ordinance; MPCA Document; Sample Educational Materials APPROVED BY: �A1 RECOMMENDED ACTION: Motion to Approve the First_Reading and Set the Second Reading for April 17, 2012. ISSUE: • At the April 11, 2011 Utility Commission meeting, the June 15, 2011 Council Work Session and most recently the March 14, 2012 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 theinformation that staff has 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 lias 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. Staff verified that the local Sears store does not sell driveway sealer and were informed by Terry's Hardware that their driveway sealer, product is an emulsion based product. Additionally, the attached article was recently published by the MPCA 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 United States, including cities throughout the Twin Cities metro area. Adopting an ordinance to regulate the use of coal tar -based sealer products in Rosemount would not appear to have a significant downside, and would promote the protection of stormwater ponds and wetlands. Informational materials (similar to the attached samples) will be published in the spring 2012 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. G: \Utilities \Utility Commission Info \20120403 CC Coal Tar Ordinance.docx SUMMARY: Based on the review of this proposed ordinance by the Utility Commission and City Council; staff recommends Council adoption of the attached ordinance to'restrict the use of coal -tar based sealer products within the City. } v l z s a 2 CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. =2012 - 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 material that 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 material 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. i w 9 -9 -2: ` PROHIBITIONS v .q. 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 commercial 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. r � I: \ORDINANCES \Ordinance re Coal Tar-Based Products - 385498v1 CLL kS215-3.doc � w I 9 -9 -3: EXEMPTION 4 Upon the express written approval from both the City and theMPCA, a person conducting bona fide research on the effects of undiluted coal tar- based' sealer products or PAHs on the environment shall be exempt from the prohibitions provided in Section 9 -9 -2. 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. ' , 2012, by the City Council' of the City of Rosemount, Minnesota. a , r � i William H. Droste, Mayor ATTEST: rt Amy Domeier, City Clerk r Published in the Rosemount Town Pages the day of , 2012. C g I: \ORDINANCES \Ordinance re Coal Tar -Based Products - 385498v1 CLL RS215 -3.doc a 11ll;nne Pol Status of Actions Regarding u Control Agency Use of- Coal Tar-Based' Sealants Current as of September 6, 2011 , 9 s 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 ** _ 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 t. New Hope 20,339 ' - 'Prior Lake 22,796 Roseville 33,660 Vadnais Heights 12,302 White Bear Lake ' 23,797 ° New York Suffolk County 1,493,350 Texas Austin 709,893 ? Bee Cave 3,925 d 1 Washington Statewide • 6,724,540 Wisconsin Dane County 488,073 , . e ;- .4''',A a, �' rr_ tom, s.,. x- m. r 'a r,° �,' `�' ��'� ^� N ,? ai Populat10 '.Affected.. ` 10 1 , Restricted Use Massachusetts Jurisdictions a Commonwealth Wetlands .. Sudbury d North Carolina Boone 7 ,Government Use Illinois Lake in the`Hills Restrictions McHenry County Spring Grove ' Minnesota All State Agencies y Missouri Springfield Hardware and Home Nationwide Distribution Ace Hardware, Do It Best, f 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://coaltarfreeamerica.blogspot.com/p/cts=s 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.qov/2010 census data/ and http://factfinder2.census.qov This list will be updated over time by Minnesota Pollution Control Agency staff; particularly for municipalities in Minnesota. tdr g1 12 x , September 2011 Minnesota Pollution Control Agency °• 520 Lafayette Rd. N., St. Paul, MN 55155 -4194 • www.pca.state.mn . us d 651 - 296 -6300 • 800 - 657 -3864 • TTY 651- 282 -5332 or 800 - 657 -3864 • Available in alternative formats d k 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 beable to pass good, news along. Thanks and good luck, Randy Neprash, PE Direct 651 - 604 -4703 randy.neprash©stantec.com rrial Minnesota Cities Stormwater Coalition li 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, Minn. — 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. 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 hel p p 'kee harmful chemicals out of Minnesota's surface waters. The phase -out calls for all 25 ofJet- Black's Minnesota franchises to voluntarily phase out coal- tar -based sealants in 2012, with a complete to an asphalt emulsion sealant by the start of the 2013 season. 2 , "Jet -Black stepped up and took action to phase out tar in,their sealant," MPCA Commissioner Paul Aasen said "When an industry embraces science -based recommendations like this, it really 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." 1 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. 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 haslound 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 82 franchises 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 4 x Ji- 2 Coal Tar - bas Sealcoat .a le Environmental concerns Minnesota, - - Pollution - wq-strni4-12 • September 2009 Control , Agency f you decide to sealcoat your asphalt water coming off parking lots coated with 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 x ,, concerns with its use. Y , ` •; T Sealcoat comes in two basic" varieties: coal "" t " 'f* tar -based and asphalt - based. The coal tar r `-, variety is more resilient, but it contains s la M f.` r f > , much higher levels X , evels of a class of chemicals 'it---- e ' Y• 1,• t called PAHs (polycyclic aromatic t� f ' ow. , , ; hydrocarbons) that harm fish and with "'• r I � . prolonged exposure, pose a risk of cancer °*� in humans (see Figure'l). . An Austin, Texas, study determined that Environmental problems sealcoat products based on coal tar r. contained up to 1,000 times more PAHs than Coal tar is a waste material generated in the asphalt -based 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. ., y 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 ' A away by rain or carried away by wind, g; > - 1 contaminating stormwater ponds, streams ArApr •-- t t and lakes with PAHs. _ ` ` ,.' a, n PAHs cause tumors in some fish, disrupts • the reproduction of aquatic organisms, and `! 7'4 causes some water - bottom species to avoid sediment altogether. Health'risks to, 'iav . humans related to PAHs are based on the Asphalt - based sealcoat runoff (B) can contain length of exposure to vapors or sediments 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 . F 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 Rd. N , St. P MN 55155 -4194 • www.pca.state.mn.us 651- 296 -6300 • 800 - 657 • TTY 651- 282 -5332 or 800 - 657 - 3 864 t,• Available in alternative formats' 4 -: 1 a t F The study revealed that the asphalt - based sealcoat runoff improvement retailers, Lowe's and Home Depot, took contained 10 trines more PAH than the uncoated parking coal tar -based sealcoat off their shelves. Check'with your 3 i 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 be to no 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. w 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 5 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 Because of the environmental problems associated with c Van Metre, P.C., Mahler, B.J., Scoggins, M., and PAHs, the City of Austin, Tetras, 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). 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