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&7 \. 55S ` anadr, 515 Little Canada Road, Little Canada, MN 55117 -1600 (651) 766 -4029 / FAX: (651) 766 -4048 www, ci.little- Canada. mn. us MEMORANDUM TO: Mayor 13lesener & Members of the City Council FItOM: Joel Hanson, City Administrator DATE: July 8, 2011 RE: Prohibition on the Sale & Use of Coal Tar Based Sealers MAYOR [3111 I3lcscner COUNCIL Rick Montour John Kcis Michael McGraw Shelly Boss ADMINISTRATOR Joel R. Hanson Maplewood and Roseville have recently adopted prohibitions on the sale and use of coal tar based sealants used on asphalt driveways. White Bear Lake was the first city in Minnesota to enact such a ban. The reason for these restrictions related the pollutants contained in this type of sealer. Polycyclic Aromatic Hydrocarbons (PAT -Is) have been found in concentrations sufficient to require the removal of sediment to be treated as "hazardous materials" thereby increasing disposal costs. PAHs are also believed to be harmful to fish and pose a cancer risk to humans with prolonged exposure. The Minnesota Pollution Control Agency in conjunction with the League of Minnesota Cities prepared a model ordinance to assist cities considering this prohibition. MPCA also had some good information on this subject on their website, but it is not available for access during the State shutdown. They have also been the driving force in promoting this prohibition by making it a condition of eligibility for grant funding that can be used to offset the cost of pond maintenance when testing shows high PAI -Is in the pond sediment. The principal concern of staff is the enforcement of this type of ordinance. According to Cliff Aichinger of Ramsey /Washington Metro Watershed District, the Minnesota Legislature considered a ban on these products, but did not enact legislation because they did not want to "burden" retailers with the duty of policing this issue, According to information staff reviewed, coal tar based sealers are not typically available from most retail outlets these days. However, some small driveway sealing operators use this type of product. Staff is presenting this for your consideration and direction. Little Canada has not yet dealt with the increased costs associated with PAI -Is being present in ponds we have dredged. However, that may not always be true and if we do encounter this problem in the future, we may be in the position of seeking grant assistance by having this ordinance in place. I have attached materials from White )3ear Lake (ordinance and article), Roseville (staff report, ordinance, and website info), and Maplewood (article) that provides greater background on the subject. 1