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10.54 - Regulating the Use of Coal Tar-Based Sealer Products§ 10.54 Section 10.54.: Regulating the Use of Coal Tar- Based Sealer Products Subdivision 1. Purpose The City 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 ordinance is to regulate the use of sealer products within the City of Golden Valley, in order to protect, restore, and preserve the quality of its waters. Subdivision 2. Definitions Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning: A. Asphalt-Based Sealer: Apetroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. B. Coal Tar: A byproduct of the process used to refine coal. C. Undiluted Coal Tar-Based Sealer: A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. D. MPCA: The Minnesota Pollution Control Agency. E. 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. Subdivision 3. Prohibitions A. No person shall apply any undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. Golden Valley City Code Page 1 of 2 § 10.54 B. No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any undiluted 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 undiluted coal tar-based sealer to any driveway, parking lot, or other surface within the City. Subdivision 4. Exemption Upon the express written approval from both the City and the MPCA, a person conducting bona fide research on the effects of undiluted coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in subdivision 3 of this section. Subdivision 5. Asphalt-based seal coat products The provisions of this ordinance shall only apply to the use of undiluted coal tar- based sealer in the City and shall not affect the use of asphalt-based sealer products within the City. Source: Ordinance No. 441, 2nd Series Effective Date: 7-16-10 Golden Valley City Code Page 2 of 2