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12/29/92to:PROM:SUBJECT:LAKE MINNETONKA CONSERVATION DISTRICTWater Structures Committeo Executive Director Gene StrommenRecommendations on Provisions to Include in an <br />Ordinance Governing the Use of Foam Materials for <br />Floating Docks, Other Structures, Devices <br />STATEMENT OF THE PROBLEM. Evidence of non~encased molded <br />polystyrene breaking away from floating structures placed in <br />Lake Minnetonka has caused public concern for lakeshore <br />littering and other related problems. Molded ^polystyrene is <br />made from expandable beads which are expanded and fused <br />together. Pieces as small as a single polystyrene bead of <br />approximately 1/8" in diameter to large polystyrene chunks <br />make up the litter problem. The MN PCA regards this as a <br />litter problem, rather than a pollution problem for public <br />waters, therefore the litter reference. <br />The primary portion of foam litter is attributable to docks <br />using non~encased molded polystyrene. Some multiple docks <br />are known to be currently using molded polystyrene on lake <br />Minnetonka. A smaller quantity of molded polystyrene i: used <br />in swim rafts as well as for mooring flotation devices. <br />EXPLORING SOLUTIONS. Ordinance 104 adopted by the City of <br />Orono, effective 8/17/92, specifically prohibits the use of <br />non~encased Styrofoam. The city inadvertently identified <br />Styrofoam, a trade marked product, as the polystyrene causing <br />the litter problem. In fact, Stvrofoam is an extruded <br />polystyrene, rather than the molded expanded bead product. <br />It is the molded expanded bead product which readily breaks <br />up and created the immediately visible litter problem. <br />LMCD has been advised by Orono staff that intends to amend <br />its ordinance to correct the Styrofoam reference, but Orono <br />staff is awaiting LMCD’s possible action on the subject. The <br />Orono ordinance prohibits use of non-encased materials for <br />most floating structures, unless properly encased to prevent <br />disintegration of the molded shapes into smaller chunks and <br />smaller beads. The ordinance does allow owners using non- <br />encased molded materials to use them until 12/31/94. <br />The Water Structures Committee first expressed its concern <br />for eliminating the non-encaaed molded polystyrene litter <br />problf^v. The commit*^oe added further concern for extruded <br />polystyrene, one product being Styrofoam. The committee <br />asked that extruded polystyrene be regulated the same as <br />molded polystyrene by means of requiring encasement if it <br />were to be used for water structure flotation purposes.