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HomeMy WebLinkAbout8.a. Ordinance Regulating Use of Coal Tar-Based Sealer Products – Second Reading 4 ROSEIv1OU1 EXECUTIVE SUMMARY UTILITY COMMISSION City Council Meeting: April 17, 2012 AGENDA ITEM: Ordinance Regulating Use of Coal Tar- AGENDA SECTION: Based Sealer Products — Second Reading Old Business PREPARED BY: Andrew J. Brotzler, PE, Director of Public AGENDA NO. Works / City Engineer ATTACHMENTS: Ordinance APPROVED BY: RECOMMENDED ACTION: Motion to Adopt 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. 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 avement sealer products on City stormwater drains, stormwater ponds, and wetlands. Based on p p �' � those discussions and the information that staff has gathered regarding this issue, an ordinance is proposed to restrict the use of these products in Rosemount. At the April 3, 2012 Council meeting the First Reading of the Ordinance was read. The April 3, 2012 packet included educational and informational items from the MPCA. 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. 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 G: \Utilities \Utility Commission Info \20120417 CC Coal Tar Ordinance - 2nd Reading.docx 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. 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. Pending Council approval adoption of the ordinance, the ordinance will be published April 26, 2012. Additionally an informational letter will be sent to local contractors advising them of the new ordinance along with publishing newsletter and webpage information. 2 CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. 2012 - 04 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. 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 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. I: \ORDINANCES \Ordinance re Coal Tar -Based Products - 385498v1 CLL RS215 -3.doc 9 -9 -3: EXEMPTION Upon the express written approval from both the City and the MPCA, 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 17 day of April, 2012, by the City Council of the City of Rosemount, Minnesota. William H. Droste, Mayor AFI EST: Amy Domeier, City Clerk Published in the Rosemount Town Pages the 26 day of April, 2012. I: \ORDINANCES \Ordinance re Coal Tar -Based Products - 385498v1 CLL RS215 -3.doc