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Driveway sealant questioned

Published (4/3/2009)
By Sue Hegarty
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A chemical found in some blacktop sealants has been linked to hazardous waste discovered in a White Bear Lake storm water pond, resulting in proposed legislation to ban the purchase of the product by state agencies.

HF1991, sponsored by Rep. Bev Scalze (DFL-Little Canada), would prohibit the state from using undiluted coal tar sealant on surfaces, such as driveways and parking lots, unless it has been mixed with asphalt because it contains high levels of polycyclic aromatic hydrocarbons.

Storm water washes the sealant, commonly used on residential driveways, into sewer systems and nearby retention ponds where the chemical collects at the bottom of the water bodies. The White Bear Lake pond cost $500,000 to clean up.

“There’s many cities that are going to have to deal with this in the future,” Scalze said.

The House Environment Policy and Oversight Committee approved the bill March 26 and referred it to the House Environment and Natural Resources Finance Division. It has no Senate companion.

The bill also would appropriate $155,000 from the Clean Water Fund for the Pollution Control Agency to develop a cleanup plan for all storm water ponds under its jurisdiction that are found to contain the contaminated sludge.

After the PCA has studied the problem, Scalze expects additional legislation may be needed next year to ban the coal tar sealants. For now, her current bill gives “due process” to developing a best management process for dealing with the problem.

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