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Home My WebLink AboutOrdinance - 9-2012 - Amending City Code 5.74 Relating to Use of Coal Tar-Based Sealer Products - 05/10/2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNEOTA,AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.74 RELATING TO REGULATING THE USE OF COAL TAR-BASED SEALER PRODUCTS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 5 is amended by adding Section 5.74 to read as follows: SECTION 5.74 COAL. TAR-BASED SEALANT PRODUCTS Subd. 1. Purpose. The City of Eden Prairie finds 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. 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 ordinance is to regulate the use of coal-tar based sealer products within the City of Eden Prairie, in order to protect, restore, and preserve the quality of its waters. Subd. 2. Definitions. For the purpose of this section, certain terms and words are defined as follows: "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, the carbonization of coal for the steel industry or the gasification of coal to make coal gas. Coal tar contains high levels of polycyclic aromatic hydrocarbons (PAHs). "Coal Tar Based Sealer". A sealer material containing coal tar which is commonly used on driveways,parking lots and other surfaces. "MPCA". The Minnesota Pollution Control Agency. "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. Subd. 3. Prohibitions. 1. No person shall apply any coal tar-based sealer to any driveway, parking lot, or other surface within the City of Eden Prairie. 2. 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, 3. No commercial sealer product applicator, residential or commercial developer, or other person 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. Subd. 4. Exclusions. Upon the express written approval from both the City and the MPCA, a person conducting bona fide research on the effects of coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions of this Section 5.73. Subd. 5. Asphalt-Based Sealcoat Products. The provisions of this ordinance 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. Subd. 7. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected." Section 2. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of April, 2012, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the I"day of May, 2012, Kahe'en Porta, City Clerk 4NIyra-L3ens, ayd Published in the Eden Prairie News on the I O'h day of May, 2012. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 9-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.74 RELATING TO REGULATING THE USE OF COAL TAR-BASED SEALER PRODUCTS,AND ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 5.99 WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISONS. The following is only a summary of Ordinance No. 9-2012. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. The Ordinance adds City Code Section 5.99 which prohibits the application of any coal tar- based sealer to any driveway,parking lot,or other surface within the City by any commercial sealer product applicator, residential or commercial developer, or any other person. This Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 5.99, which contain provisions relating to penalties. EFFECTIVE DATE. This Ordinance shall take effect on May 10, 2012. ATTEST: Kathle or-ta"-City--Clerk 4Nc��,, ra4_Lens-,'14ay PUBLISHED in the Eden Prairie News on May 10, 2012. Affidavit ffidavit of Publication Southwest Newspapers CITY OF EDEN PRAIRIE HENNEPIN COUNTY, State of Minnesota MINNESOTA SUMMARY OF ORDINANCE )SS. NO.9-2012 AN ORDINANCE OF THE County of Hennepin CITY OF EDEN PRAIRIE, MIN- NESOTA,AMENDING CITY CODE CHAPTER 5 BY ADDING SECTION 5.74 RELATING TO REGULAT- Laurie A.Hartmann, being duly swam, on oath says that she is the authorized agent of the ING THE USE OF COAL TAR - BASED SEALER PRODUCTS,AND publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts ADOPTING BY REFERENCE CITY herein stated as follows: CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER (A)This newspaper has complied with the requirements constituting qualification as a legal THINGS, CONTAIN PENALTY newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as PROVISONS. amended. The following is only a sum- mary of Ordinance No. 9-2012. The full text is available for public (13)The printed public notice that is attached to this Affidavit and identified as No_7_9�,l inspection by any person during was published on the date or dates and in the newspaper stated in the attached Notice and said regular office hours at the Office of Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of the City Clerk. the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both The Ordinance adds City Code inclusive,and is hereby acknowledged as being the kind and size of type used in the composition Section 5.99 which prohibits the and publication of the Notice: application of any coal tar-based sealer to any driveway,parking lot, abcdefghijklmnopqrstuvwxyz or other surface within the City by any commercial sealer product ap- plicator,residential or commercial developer,or any other person.This By rN : incorporates,by refer- Laurie A.Hartmannence,City Code Chapter 1 and City Code Section 5.99,which contain provisiMs-ralating to penalties. ,EFFECTIVE DATE.- This Or. Subscribed and sworn before me on dinance shall take effect on May 10,2012. Nancy Tyra-Lukens,Mayor ATTEST, Kathleen Porte,City Clerk this day of \AA-A 2012 (Published in the Eden Prairie News on Thursday, May 10, 2012; No.3324) BARK�K JYMME JEANNETTE MY N40TA COMMISSION PUBLIC-MINNESOTA IM �'MISSS ION EXPIRES 01/31/13 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space...$3 1.20 per column inch Maximum rate allowed by law for the above matter...................................$31.20 per column inch Rate actually charged for the above matter.. ............................... ...$12.59 per column inch