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.
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§ 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
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