Ord 459 Prohibit Use of Coal Tar SealantCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 459
AN ORDINANCE TO ENFORCE THE STATUTORY PROHIBITION ON
THE USE AND SALE OF COAL TAR SEALANT PRODUCTS WITHIN THE
CITY OF MENDOTA HEIGHTS, MINNESOTA
Be it ordained and enacted by the City Council of the City of Mendota Heights, State of Minnesota, that
these amendments following, by this act, are newly enacted section(s) which, upon their enactment,
become lawful upon publication of the Ordinance.
Section 1.
Section 11 -6 -2 DEFINITIONS is hereby amended to read as follows:
The building department of the city is the "code enforcement department ", the code enforcement
officer appointed by the city council is the "building official administrative authority ", and the
city council is the "appointing authority" wherever those terms are used in the building code.
(1981 Code 502 § 2)
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:
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
ASPHALT BASED SEALER A petroleum based sealer material that is commonly used on
driveways, parking lots and other surfaces and does contain PA-Hs.
AUTHORIZED ENFORCEMENT AGENCY: Employees or designees of the city of Mendota
Heights or other governing authorities designated to enforce this chapter.
BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices,
general good housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce the discharge of
pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance
systems. BMPs also include treatment practices, operating procedures, and practices to control
site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CITY: The city of Mendota Heights, Minnesota, and any of its employees, agents, contractors or
designees.
CLEAN WATER ACT: The federal water pollution control act (33 USC section 1251 et seq.),
and any subsequent amendments thereto.
Ord. 459 page 1 of 7
COAL TAR. A byproduct of the process used to refine coal.
COAL TAR SEALANT PRODUCT. A surface applied sealing product containing coal tar, coal
tar pitch, coal tar pitch . volatiles, or any variation assigned the Chemical Abstracts Service (CAS)
numbers 65996-93-2, 65996-89-6, or 8007-45-2.
DISCHARGE: Any substance entering the stormwater system by any means.
DISCHARGE, ILLICIT: Any direct or indirect nonstoirnwater discharge to the stormwater
system, except as exempted in subsections 11-6-7132a. and 132b of this chapter.
DISCHARGE, NONSTORMWATER: Any discharge to the stormwater system that is not
composed entirely of stormwater.
EROSION: Any process that wears away the surface of the land by the action of water, wind, ice
or gravity. Erosion can be accelerated by the activities of people or nature.
EROSION PREVENTION: Methods employed to prevent erosion. Examples include, but are not
limited to: soil stabilization practices, horizontal slope grading, limited grading, temporary or
permanent cover, and construction phasing.
FINAL STABILIZATION:
A. All soil disturbing activities at the site have been completed and a uniform (e.g.,
evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy
percent (70%) of the native background vegetative cover for the area has been established on all
unpaved areas and areas not covered by permanent structures, or equivalent permanent
stabilization measures have been employed;
B. For individual lots in residential construction by the contractor, the contractor must
either: 1) complete final stabilization as specified above, or 2) establish temporary stabilization
including perimeter controls for an individual lot prior to occupation of the structure. If the
contractor chooses item 2, it must inform the owner in writing of the need for, and benefits of,
final stabilization;
C. For construction projects on land used for agricultural purposes, final stabilization may
be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas
disturbed that were not previously used for agricultural activities, such as buffer strips
immediately adjacent to surface waters and drainage systems and areas which are not being
returned to their preconstruction agricultural use must meet the final stabilization criteria in
subsection A or B of this definition;
D. The contractor must clean out all sediment from conveyances and from temporary
sedimentation basins that are to be used as permanent water quality management basins.
Sediment must be stabilized to prevent it from washing back into the basin, conveyances or
drainageways discharging off site or to surface waters. The cleanout of permanent basins must be
sufficient to return the basin to design capacity. All drainage ditches constructed to drain water
from the site after construction is complete must be stabilized to preclude erosion; and
Ord. 459 page 2 of 7
E. All temporary synthetic and structural erosion prevention and sediment control BMPs
must be removed as part of the final stabilization on the site.
HAZARDOUS MATERIALS: Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious
characteristics, may cause or significantly contribute to a substantial present or potential hazard
to human health, safety, property, or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
ILLICIT CONNECTIONS: Either:
A. Any drainage, whether on the surface or subsurface, which allows an illicit discharge
to enter the stormwater system, including, but not limited to, any conveyances which allow any
non - stormwater discharge including wastewater, process wastewater, and wash water to enter the
stormwater system and any connections to the stormwater system from indoor drains, floor
drains, washbasins, or sinks, regardless of whether said drain or connection had been previously
allowed, permitted, or approved by an authorized enforcement agency; or
B. Any drainage connected from a commercial or industrial land use to the stormwater
system which has not been documented in plans, maps, or equivalent records and approved by an
authorized enforcement agent.
INDUSTRIAL ACTIVITY: Activities subject to NPDES industrial permits as defined in 40 CFR
section 122.26(b)(14).
LAND DISTURBANCE GUIDANCE DOCUMENT: The city's guidance document, which
defines the technical erosion control, sediment control and stormwater management guidelines
required to be met when submitting the stormwater pollution prevention plan.
LAND DISTURBING ACTIVITY: Any activity which changes the volume or peak flow
discharge rate of stormwater runoff from the land surface, including the grading, digging,
cutting, scraping, or excavating of soil, placement of fill materials, paving, construction,
substantial removal of vegetation or any activity which bares soil or rock, or involves the
diversion or piping of any natural or manmade watercourse.
MPCA The Minnesota Pollution Control Agency.
NPDES: National pollutant discharge elimination system as established pursuant to 33 USC
section 1342(b) to regulate discharges of pollutants to waters of the United States.
NPDES PERMIT: A national pollutant discharge elimination system stormwater discharge
permit issued by the Minnesota pollution control agency (pursuant to 33 USC section 1342(b))
that regulates discharges of pollutants to waters of the United States, whether the permit is issued
to an individual, group, or general areawide basis.
NONPOINT SOURCE POLLUTION: Pollution from any source other than any discernible,
confined or discreet conveyances, and shall include, but not be limited to, pollutants from
agricultural, silvicultural, mining, construction including grading, subsurface disposal and urban
runoff sources.
Ord. 459 page 3 of 7
NUISANCE CONDITION: Any condition resulting in or likely to result in any damages,
degraded water quality, increased erosion, unstable conditions, flooding, lack of easement, lack
of capacity, disrepair and all threats to public health, safety and welfare.
PAHs Polycyclic Aromatic Hydrocarbons. A rg_oup 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.
PERMANENT STABILIZATION PLAN: A plan to establish permanent vegetation to prevent
erosion of soil as defined under "final stabilization ". Permanent vegetation includes sod, native
grasses, trees or other acceptable forms of landscaping.
PERSON: Any individual, association, organization, partnership, firm, corporation or other
private or public entity recognized by law and acting as either the owner or as the owner's agent.
POLLUTANT: Anything which causes or contributes to pollution. Pollutants may include, but
are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous
liquids and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, ordnances /munitions, and accumulations of these materials, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous
substances and wastes; sewage, fecal coliforin and pathogens; dissolved and particulate metals;
animal wastes; wastes and residues that result from constructing a building or structure; and
noxious or offensive matter of any kind.
'PREMISES: Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
SWMP: The city's Surface Water Management Plan.
SEDIMENT: Solid matter carried by water, wastewater or other liquids that has come to rest on
the earth's surface either above or below the water level.
SEDIMENT CONTROL: Methods employed to prevent sediment from leaving the site.
Sediment control practices include, but are not limited to: silt fences, sediment traps, earth dikes,
drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection
and temporary or permanent sediment basins.
STORMWATER: Any surface flow, runoff, and drainage consisting entirely of water from any
form of natural precipitation, snowmelt and /or discharges from surface dewatering activities.
STORMWATER FACILITY: Anything within the stormwater system that collects, conveys or
stores stormwater, including, but not limited to: any inlets, piped storm drains, pumping
facilities, retention and detention basins, natural and humanmade or altered drainage channels,
reservoirs, and other drainage structures.
STORMWATER MANAGEMENT: The use of structural or nonstructural practices that are
designed to prevent nuisance conditions or reduce stormwater runoff pollutant loads, discharge
volumes, peals flow discharge rates and detrimental changes that affect water quality and habitat.
Ord. 459 page 4 of 7
STORMWATER POLLUTION PREVENTION PLAN: A plan submitted by the applicant that
includes erosion prevention measures, sediment control measures, pollution prevention measures
and stormwater management measures. The plan shall contain a narrative, plan sheets and
appropriate details that describe how the erosion prevention measures, sediment control
measures, pollution prevention measures and stormwater management measures will be
implemented. The plan shall also indicate whether stormwater will be managed on site or off site
and, if on site, the general location and type of management practices. This final plan must be
signed by a licensed professional engineer (PE) of the state of Minnesota, who will verify that
the design of all stormwater management practices meets the submittal requirements of the city
of Mendota Heights land disturbance guidance document.
STORMWATER SYSTEM: Facilities by which stormwater is collected and/or conveyed,
including, but not limited to: any roads with drainage systems, streets, gutters, curbs, inlets,
piped storm drains, pumping facilities, retention and detention basins, natural and humanmade or
altered drainage channels, reservoirs, watercourses and other drainage structures.
STRUCTURE: Anything manufactured, constructed or erected, which is normally attached to, or
positioned on, land including portable structures, earthen structures, roads, parking lots and
paved storage areas.
WASTEWATER: Any water or other liquid, other than uncontaminated stormwater, discharged
from a constructed facility.
WATERCOURSE: A stream or body of water, or a natural or artificial channel for the passage
of stormwater.
WATERS OF THE U.S.: Any federally regulated water in the United States per definition as
specified by 33 CFR 328.a.
WETLANDS: As defined in Minnesota rules 7050.0130, subpart F, means areas that are
inundated or saturated by surface water or groundwater at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas. (Ord. 421, 2-3-2009)
Section 2.
Section 11-6-19 is hereby added to read as follows:
A. PURPOSE: The City of Mendota Heights Minnesota 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.
Ord. 459 page 5 of 7
The 2013 Minnesota Legislature enacted a statewide prohibition on the use and sale of coal
tar sealant products. This new statewide prohibition has been codified under Minnesota
Statutes section 116.202 and is effective on January 1, 2014. The purpose of this ordinance
is to prohibit violations of Minnesota Statutes section 116.202 in the City of Mendota
Heights, Minnesota, in order to protect, restore, and preserve the quality of its waters.
B. PROHIBITIONS: In accordance with Minnesota Statutes section 116.202:
1. No person shall apply a coal tar sealant product on asphalt paved surfaces within the City
of Mendota Heights.
2. No person shall sell a coal tar sealant product that is formulated or marketed for
application on asphalt -paved surfaces within the City of Mendota Heights.
3. No person shall allow a coal tar sealant product to be applied upon property that is under
that person's ownership or control.
4. 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 sealant
product to any driveway, parking lot, or other surface within the City.
5. 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 sealant product to any driveway, parking
lot, or other surface within the City.
C. EXEMPTION: Upon the express written approval from the MPCA and in accordance with
Minnesota Statutes section 116.202, a person who conducts research on the environmental
effects of coal tar sealant product or where the use of coal tar sealant product is necessary in
the development of an alternative technology shall be exempt from the prohibitions provided
in Section 3. Any person that is granted approval by the MPCA must provide a copy of the
written approval from the MPCA to the City of Mendota Heights, Minnesota twenty days
before conducting the research.
D. ASPHALT BASED SEALCOAT PRODUCTS: The provisions of this ordinance shall only
apply to coal tar sealant products in the City and shall not affect the use of asphalt based
sealer products within the City.
E. PENALTY: Any person convicted of violating any provision of this ordinance is guilty of a
misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00)
or imprisonment for not more than ninety (90) days, or both, plus the costs of prosecution in
either case.
F. 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.
Ord. 459 page 6 of 7
G. EFFECTIVE DATE: This ordinance becomes effective on the date of its publication, or
upon the publication of a summary of the ordinance as provided by Minnesota Statutes
section 412.191, subd. 4, as it may be amended from time to time, which meets the
requirements of Minnesota Statutes section 3 3 1 A. 0 1, subd. 10, as it may be amended from
time to time.
Passed by the Council this 3`a day of February, 2014.
CITY COUNCIL
CITY-19F MENDOTA HEIGHTS
Krebsbach,
ATTEST
Lorri Smith, City Clerk
Ord. 459 page 7 of 7