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I I FOR COUNCIL ACTION Date.- 05/23/11 Item No..- 13 . d Department Approval City ManageT Approval 44 Item Description: Consider an Ordinance Regulating the Use op oal Tar Based Sealers BACKGROUND 2 The Public Works Environment and Transportation Commission recommends the City Council consider adopting an ordinance banning the use of coal tar based driveway sealants. 4 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 6 sealant was more prevalent in years past. The coal tar sealer flakes off from driveways over "7 time and storm water runoff carries the material to storm water ponds. The coal tar sealants contains poly cyclic aromatic hydrocarbons (PAH) which are known carcinogens. Due to the 9 toxic nature,, the sediments from storm water ponds are now required to be tested and 10 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 12 problem, especially in the first and second tier suburbs as these materials were applied to 13 driveways for many years. We have found these substances in two recent pond maintenance 14 projects completed by watershed districts in Roseville. Oasis Pond restoration project 1 completed by Rice Creek Watershed District and the William Street Pond project completed 1 1 by Capitol Region Watershed District had high levels of PAH and required disposal at 17 significantly high cost. '19 The Legislature considered a state wide ban on coal tar based sealant products in 20 10 but 20 did not pass legislation. There was no legislation introduced in this year's legislative session. 21 22 Coal tar sealers are no longer sold by most hardware stores and home improvement stores. 23 They are still available and are being marketed by door to door driveway coatings 24 contractors. 25 Staff requested the City Attorney modify the League of Minnesota Cities model ordinance, 2 �,(` which allowed diluted coal tar sealers,, to reflect a total ban on coal tar emulsions similar to 27 ordinances adopted in White Bear Lake, Maplewood, and other communities. 28 29 Attached is the draft ordinance for this discussion. (Attachment A) We have also attached 3o additional information from USGS regarding coal tar sealants. (Attachment B) 31 POLICY OBJECTIVE 32 The City's Comprehensive Plan and the Comprehensive Storm Water Management Plan 33 discuss the importance of protecting the city's water resources. This ordinance is consistent 34 with that objective. zm�