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ORDINANCE NO. 12- 1 <br />• CITY OF ELK RIVER <br />AN ORDINANCE ADDING ARTICLE XII TO CHAPTER 38 OF THE CITY OF <br />ELK RIVER CODE OF ORDINANCES, REGULATING THE USE OF COAL TAR - <br />BASED SEALER PRODUCTS WITHIN THE CITY <br />The City Council of the City of Elk River does hereby ordain as follows: <br />Section 1. That Chapter 38 of the City of Elk River Code of Ordinances Shall be Amended to add <br />new Article XII, as follows: <br />Article XII. Asphalt Sealer <br />DIVISION 1. GENERALLY <br />Sec. 38 -530. Definitions. <br />The following words, terms and phrases, when used in this article, shall have the meanings ascribed <br />to them in this section, except where the context clearly indicates a different meaning: <br />As <br />balt -based sealer. A petroleum -based sealer material that is commonly used on driveways, parking <br />rlots, and other surfaces and which does not contain coal tar. <br />Coal tar. A byproduct of the process used to refine coal. <br />Coal tar -based sealer. A sealer material containing coal tar and is for use on an asphalt or concrete <br />surface, including a driveway or parking area. <br />City. The City of Elk River. <br />PAHs.• Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during the <br />incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed <br />harmful to humans, fish, and other aquatic life. <br />Sec. 38 -531. Purpose of article. <br />The City of Elk River highly values lakes, rivers, streams and other bodies of water as natural assets <br />which enhance the environmental, recreational, cultural and economic resources and contribute to <br />the general health and welfare of the community. The use of sealers on asphalt surfaces is a <br />common maintenance practice. However, scientific studies on the use of pavement sealers have <br />demonstrated a relationship between stormwater runoff and certain health and environmental <br />conditions, including the presence of Polycyclic Aromatic Hydrocarbons, a known carcinogen. The <br />purpose of this ordinance is to regulate the use of sealer products within the City of Elk River, in <br />order to protect, restore, and preserve the quality of its waters. Further, it is the purpose of this <br />• <br />