07-13-11 Council Agenda - Laserfiche WebLink

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%»SEVILLE REQUEST FOR COUNCIL ACTION Date: 06/13/11 Item No.: 9 . a Department Approval Acting City Manager Approval Item Description: Adopt an Ordinance Regulating the Use of Coal Tar Based Sealers BACKGROUND The City Council discussed the impacts of coal tar based driveway sealers at its May 23, 2011 meeting. The Council directed staff to bring the draft ordinance back for adoption along with an ordinance summary for approval at a June council meeting. "fhe Public Works Environment and Transportation Commission recommends the City Council adopt an ordinance banning the use of coal tar based driveway sealants. These sealants are receiving considerable attention at the MPCA due to the potential health hazards that exist when they end up in storm water pond sediments. This type of driveway sealant was more prevalent in years past. The coal tar sealer flakes off from driveways over time and storm water runoff carries the material to storm water ponds. The coal tar sealants contain polycyclic aromatic hydrocarbons (PAH) which are known carcinogens. Due to the toxic nature, the sediments from storm water ponds are now required to be tested and classified for disposal. When certain levels of these substances are found the sediments need to be disposed of in hazardous materials landfills. This is very costly and is a metro wide problem, especially in the first and second tier suburbs as these materials were applied to driveways for many years. We have found these substances in two recent pond maintenance projects completed by watershed districts in Roseville. Oasis Pond restoration project completed by Rice Creek Watershed District and the William Street Pond project completed by Capitol Region Watershed District had high levels of PAH and required disposal at significantly high cost. The Legislature considered a state wide ban on coal tar based sealant products in 2010 but did not pass legislation. There was no legislation introduced in this year's legislative session. Coal tar sealers are no longer sold by most hardware stores and home improvement stores. They are still available and are being marketed by door to door driveway coatings contractors. Staff requested the City Attorney modify the League of Minnesota Cities model ordinance, which allowed diluted coal tar sealers, to reflect a total ban on coal tar emulsions similar to ordinances adopted in White Bear Lake, Maplewood, and other communities. Attached is the Attorney reviewed draft ordinance for adoption. (Attachment A) We have also attached an ordinance summary for publication. (Attachment 13) Page I of 2 13