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DINANCE 1V0. 12 "' <br />1TY OF ELK RIVER <br />AN ORDINANCE ADDING <br />ARTICLE XII TO <br />CHAPTER 38 OF THE CITY <br />OF ELK RIVER CODE OF <br />ORDINANCES, <br />REGULATING THE USE OF <br />COAL TAR -BASED SEALER <br />PRODUCTS WITHIN THE <br />CITY <br />The City Council of the City of <br />Elk River does hereby ordain as <br />follows: <br />Section 1. That Chapter 38 of <br />the City of Elk River Code of <br />Ordinances Shall be Amended <br />to add new Article XII, as fol- <br />lows: <br />Article XII. Asphalt Sealer <br />'DIVISION 1.' GENERALLY <br />Sec. 38 -530. Definitions. <br />The following words, terms <br />and phrases, when used in this <br />article, shall have the mean- <br />ings ascribed to them in this <br />section, except where the con- <br />text clearly indicates a differ- <br />ent meaning: <br />Asphalt -based sealer: A <br />petroleum -based sealer mate- <br />rial that is commonly used on <br />driveways, parking lots, and <br />other surfaces and which does <br />not contain. coal tar. <br />C, -',tar: A by product of the <br />pi I used to refine coal. <br />tar -based sealer:A sealer <br />material containing coal tar <br />and is for use on an asphalt or <br />concrete surface, including a <br />driveway or parking area. <br />City: The City of Elk River. <br />PAHs: Polycyclic Aromatic <br />Hydrocarbons. A group of <br />organic chemicals formed dur- <br />ing the incomplete burning of <br />coal, oil, gas, or other organic <br />substances. Present in coal tar <br />and believed harmful to <br />humans, fish, and other aquatic <br />life. <br />Sec. 38 -531. Purpose of <br />article. <br />The City of Elk River highly <br />values lakes, rivers, streams <br />and other bodies of water as <br />natural assets which enhance <br />the environmental, recre- <br />ational, cultural and economic <br />resources and contribute to the <br />general health and welfare of <br />the community. The use of <br />sealers on asphalt surfaces is a <br />common maintenance practice. <br />However, scientific studies on <br />the use of pavement sealers <br />have demonstrated a relation- <br />ship between stormwater run- <br />off and certain health and envi- <br />ronmental conditions, including <br />thr— .sence of Polycyclic Aro- <br />m iydrocarbons, a known <br />cah - Logen. The purpose of this <br />ordinance is to regulate the use <br />of sealer products within the <br />City of Elk River, in order to <br />pr tect, restore, and preserve <br />the quality of its waters. Fur- <br />AFFIDAVIT OF PUBLICATION <br />STATE OF MINNESOTA <br />COUNTY OF SHERBURNE <br />SS <br />Heidi Quanrud, being duly sworn on oath says that she is the <br />office manager of the Newspaper known as the Star News, and has <br />full knowledge of the facts which are stated below: <br />(A) The Newspaper has complied with all of the requirements <br />constituting qualifications as a qualified newspaper, as provided by <br />Minnesota Statue 331 A.02, 331 A.07 and other applicable laws, as <br />ammended. <br />(B) The printed legal notice, which is attached was cut from the <br />columns of said newspaper and was printed and published once a <br />week for one week; it was first published on Saturday, the 25th day of <br />August, 2012, and was therefore printed and published on every <br />Saturday to and including Saturday, the 25th day of August, 2012. <br />Office Manager <br />Subscribed and sworn to before me on <br />this 25th day of August, 2012 <br />SHELLY RAE WESTOVER <br />f <br />NOTARY PUBLIC <br />t' MINNESOTA <br />Notary Public MY Commission Expires Jan. 31, 2015 <br />n <br />RATE INFORMATION <br />(1) Lowest classified rate paid by $ 21.00 <br />commercial users for comparable space (line, word or inch rate) <br />(2) Maximum rate allowed by law- for $ 15.50 <br />the above matter (line, word or inch rate) <br />(3) Rate actually charged for the above <br />$ 15.00 <br />matter <br />(line, word or inch rate) <br />3125024 <br />