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HomeMy WebLinkAbout2011-15 Amending City Code Regulating Use of Coal Tar Based Sealer Products ORDINANCE NO. 2011-15 AN ORDINANCE AMENDING THE EDINA CITY CODE REGULATING THE USE OF COAL TAR BASED SEALER PRODUCTS The City of Edina Ordains: Section 1. Chapter 4 of the Edina City Code is amended by adding section 490 to read: SECTION 490-REGULATION OF COAL TAR BASED SEALER PRODUCTS 490.01 PURPOSE. The City of Edina understands that lakes, rivers,streams and other bodies of water are natural assets which enhance the environmental, recreational,cultural and economic resources and contribute to the general health and welfare of the community.The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. The purpose of this code section is to regulate the use of sealer products within the City of Edina, in order to protect, restore, and preserve the quality of its waters. 490.02 DEFINITIONS. For the purpose of this code section,the following definitions shall apply unless the context clearly indicates or requires a different meaning: ASPHALT BASED SEALER. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. COAL TAR. A byproduct of the process used to refine coal. COAL TAR BASED SEALER. A sealer material containing coal tar and is for use on an asphalt or concrete surface, including a driveway or parking area. 490.03 USE OF COAL TAR BASED SEALER PROHIBITED. A. No person shall apply any coal tar based sealer to any driveway, parking lot, or other surface within the City of Edina B. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any 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 coal tar based sealer to any driveway, parking lot, or other surface within the City.A person who owns property on which a coal tar based sealer is used is presumed to have used a coal tar based sealer in violation of this section. 490.04 ASPHALT BASED SEALCOAT PRODUCTS. The provisions of this code section shall only apply to use of 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 immediately upon its passage and publication. First Reading: November 16, 2011 Second Reading: Waived Published: November 23, 2011 Attest Debra A. Mangen, Ci Clero James B. Hovlan or Please publish in the Edina Sun Current on: Wednesday, November 23, 2011 Send two affidavits of publication. Bill to Edina City Clerk 2 www.MinnLocal.com City of Edina (Official Publication) ORDINANCE NO.2011-15 AN ORDINANCE AMENDING THE EDINA CITY CODE REGULATING THE USE OF COAL TAR BASED SEALER PRODUCTS M E D 1A The City of Edina Ordains: Section 1. Chapter 4 of the Edina City AFFIDAVIT OF PUBLICATION Code is amended by adding section 490 to read: STATE OF MINNESOTA ) SECTION 490 ' REGULATION OF SS. COTS TAR BASED SEALER PROD- COUNTY OF HENNEPIN ) 490.01 PURPOSE. The City of Edina Richard Hendrickson, beingdui sworn on understands that lakes, rivers, streams y and other bodies of water are natural as- an oath,states or affirms that he is the Chief sets which enhance the environmental, Financial Officer of the newspaper(s)known recreational,cultural and economic r sources and contribute to the general as health and welfare of the community.The Edina Sun-Current use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship be- tween stormwater runoff and certain and has full knowledge of the facts stated health and environmental concerns.The below: purpose of this code section is to regulate the use of sealer products within the City (A)The newspaper has complied with all of of Edina,in order to protect,restore,and the requirements constituting qualifica- preserve the quality of its waters. tion as a qualified newspaper as provid- 490.02 DEFINITIONS. For the purpose ed b Minn. Stat. 331 , 331 A.07 of this code section,the following defini- y § A.02 , tions shall apply unless the context clear- and other applicable laws as amended. ly indicates or requires a different mean- (B)The printed public notice that is attached ing: was published in said newspapers ASPHALT BASED SEALER. A petrole- P ( ) um-based sealer material that is com- once each week,for one successive monly used on driveways, parking lots, week(s);it was first published on Thurs conte nhcosurfaces l to ces and which does not day,the 24 day of November COAL TAR. A byproduct of the process 2011, and was thereafter printed and used to refine coal. published on every Thursday to and in- COAL TAR BASED SEALER. A sealer cluding Thursday, the day of material containing coal tar and is for use 2011;and printed on an asphalt or concrete surface, in- p cluding a driveway or parking area. below is a copy of the lower case alpha- 490.03 USE OF COAL TAR BASED bet from A to Z, both inclusive, which is SEALER PROHIBITED. hereby acknowledged as being the size A. No person shall apply any coal tar and kind of type used in the composition based sealer to any driveway,parking lot, or other surface within the City of Edina and publication of the notice: B.No person shall contract with any com- mercial sealer product applicator, resi- dential or commercial developer,or any other person for the application of any coal tar based sealer to any driveway, parking lot, or other surface within the city. C. No commercial sealer product appli- BY- cator,residential or commercial develop- er,or other similar individual or organiza- CFO tion shall direct any employee,indepen- dent contractor,volunteer,or other per- son to apply any coal tar based sealer to any driveway,parking lot,or other surface Subscribed and sworn to or affirmed within the City.A person who owns prop- erty on which a coal tar based sealer is before me on this 25 day of used is presumed to have used a coal tar November 2011. based sealer in violation of this section. 490.04 ASPHALT BASED SEALCOAT PRODUCTS.The provisions of this code section shall only apply to use ofcoal tar �(Ji based sealer in the City and shall not af- fect the use of asphalt-based sealer prod- Notary Public ucts within the City. Section 2. This ordinance is effective immediately upon its passage and publi- cation. JULIA I H E L K E N N First Reading:November 16,2011 a Second Reading:Waived -v, JornrvWueilc-riirrai_SOiA Published:November 23,2011 H"Comm I xpiirs.J.", Sl �oe, �p Attest Debra A.Mangan,City Clerk James B.Hovland,Mayor (Nov.24,2011)D1-Ord2011-15