Politics & Government

Rosemount Gets Greener, Gives Coal Tar the Boot

A new ordinance passed last Tuesday is designed to keep both residents and the stormwater drainage system healthier.

The City of Rosemount got a little greener this past week when the City Council unanimously banned the use of coal tar-based sealer products on Tuesday. The products, most commonly used on driveways, are coming under heavier scrutiny by municipalities as of late. Rosemount joins a growing list of Minnesota cities  - the sixteenth to date - that are leading the way nationally in eliminating the known threat to human and environmental health.

“The information that was pointed out in an email I received does not paint a very good picture of this stuff,” said Council member Jeff Weisensel who had been investigating a similar ban implemented by the City of Austin, Texas five years ago. “We don’t want it in our storm system.”

 Coal tar-based products contain polycyclic aromatic hydrocarbons (PAH) which are classified by the Environmental Protection Agency as carcinogenic and can cause hazardous waste build-up in stormwater ponds due to runoff.

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The City of Rosemount has began looking into the problem more than a year ago when residents of the Crosscroft Community complained of unusual runoff after a rainfall.

“We had a whole neighborhood that had a contractor that put it in a townhome development,” said Mayor Bill Droste. “They brought in the water just from a simple rain and it was just black washing off the street.”

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Droste said newspaper articles at the time were also bringing to light the potential for stormwater pond damage. He noted it may have taken some time to get the ordinance passed, but was appreciative of the work done leading up to Tuesday’s vote.

The new ordinance makes use of coal tar-based products a misdemeanor. But some members of the council wanted enforcement of the ordinance to have a few more teeth. By declaring the products a nuisance, the city could conceivably levy assessments for removal of the products if used as well as additional penalties. 

City attorney Charlie LeFevere said going beyond the standard ordinance language recommended by the Minnesota Pollution Control Agency (MPCA) could potentially cause more problems with enforcement. 

“One potential problem with making it a nuisance is people who may have put down the materials a month ago,” said LeFevere. “If somebody has this material put on their driveway and may not know what the ordinances are, they may not perceive it as being fair that their driveway is a nuisance and their next door neighbor’s driveway is not, even though they have the same material.”

LeFevere said the ordinance that was passed echoed the MPCA recommended language.

“The MPCA has looked into this,” said LeFevere. “They recognize that PAHs are not good things and that they are carcinogenic in people in sufficient quantities and they cause tumors in fish.”

Still, LeFevere noted, that only one state - Washington - has so far outlawed the sale of coal tar-based products and only four states, including Minnesota, have cities or counties where its use is prohibited. 

Rosemount’s entry on to that list can only help to heighten the awareness of the concern.

During previous conversations, the council conducted a survey of Rosemount businesses to see if any were currently selling the product. None were. It was noted that Terry’s Hardware and other businesses carried the more environmentally-friendly emulsion-based products.

For more information on the ordinance and what it means for homeowners and contractors, contact the .


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