HomeMy WebLinkAbout5.j. Burning Permit DiscussionIJ '
(i 2875 -145TH ST. W.
F0SEMOUNT. MINNESOTA 55068
oSQ 0��t .
612---423-4411
TO: Mayor Knutson
Councilmembers: Napper
Tucker
Walsh
Willard
FROM: Stephan Jilk, Administrator/Clerk
DATE: August 14, 1987
RE: Burning Permits
Attached find a copy of the section of our city code (Chapter 3)
covering the requiring and issuance of burning permits in the City of -
Rosemount. Also attached are a copy of Minnesota Pollution Control
regulations covering open burning in the State of Minnesota and a copy
of the form we use for the application for open burning in the city.
At our last Council meeting, I stated that I would present language to
revise the ordinance in light of your discussion on this matter. On
further review of how the city `code covers this regulation and how the
MPCA requirements are defined, I hesitate to suggest any changes. It
seems as though the city code is clear enough as it refers to the state
regulations, as to the permit requirements and further that the permit
approval process should be "reasonable". I believe that short of
establishing a method of reducing the time it takes to approve the
permit, our city code and the application requirements should stay
intact. If a different 'fee should be established, you can do that by
motion. We do not have to revise the city code, in this case, to do so.
I welcome your comments and discussion on this issue if you choose to
pursue the matter.
smj
Attachments
6-3-1 •
6-3-4
CHAPTER 3
OPEN BURNING'
SECTION:
6-3-1: Open Burning Prohibited
6-3-2 Adoption of Chapter 8, APC 8 by Reference
6-3-3: Permit Issuing Authority
6--3-4: Penalty
6-3-1: OPEN 11WINING i'111011111U'FI11: It shall be unlawful, a
violation of this Chapter and a misdemeanor for any person to
start or allow to burn any open fire on any property within the City without a
permit, except for supervised recreational or cooking fires contained within
approved fire rings, pits or barbecue grills.
6-3-2: AD01''11014 O C11A1''1'llAt 8, AI'C R 11V itIA4,lt1?NC1F,:
Chapter 8, State of Minnesota Air Pollution Control Rules, cur-
rent edition, as amended May 18, 1976 is hereby adopted by reference and is
made a part"of this Chapter as if fully set forth herein; three (3) copies are on file
with the City Clerk. Any violation of said Chapter herein adopted by reference is
a violation of this Chapter.
6-3-3: 1'1?I2MI'r ISSUING AU'I'110110'I'Y: The City Fire Chief, Building
Official or the Superintendent of Streets and Utilities are hereby
authorized to issue permits under this Chapter, and may establish reasonable
permit conditions for open burning consistent with the rules adopted herein.
The signature of one designated official is necessary for a permit to be issued.
6-3-4: P1?NALTV: Any person who shall fail to comply with any order
given under the terms of this Chapter, or who shall in any way
violate any of the provisions or requirements of this Chapter, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine not to
exceed five hundred dollars ($500.00) or by imprisonment for not to exceed
ninety (90) days, or both. (Ord. XVIII.4, 5-3-83)
1. Ser. aisn Section 5 - 1--4 of this Cycle.
( I
r PERMIT N0. l Z
0 DATE "-ZZ-,K2
K r
MINNESOTA POLLUTION CONTROL AGENCY
PERMIT F -OR OPEN BURNING
Under the provisions of the Minnesota Air Pollution Control Regulation APC -B, (e), permission is
hereby granted to: t �i
NAME �hiGL_1 f_.�.e��� ,A C m,'LA i
Representing.•i�
ADDRESS 1 9� Q 0 / t '5104-V U P
TELEPHONE (Business) (Home)
to conduct Open Burning/ at / &10 1.5 r tt pIU JP -
COUNTY
COUNTY ! SECTION , TOWNSHIP , RANGE ,
LEGAL DESCRIPTION:
for the purpose of (state fully)
1 A4
This permit is limited to the following conditions:
1) The prevailing wind at the time of the burning shall be away from nearby residences.
2) The burning shall be conducted me for away as practical from any highway or public road
and controlled so that a traffic hazard is not crested.
3) The location of the burning shall not be within 600 feet of an occupied residence other
than those located on the property on which the burning is conducted.
4) The burning shall not be conducted within one mile of any airport or landing strip, unless
approved by the Director.
5) Oils, rubber and other similar smoke producing materials shall not be burned or used as
starting materials.
6) The recipient of the permit or his authorized representative shall be present for the
duration of any fire authorized by the permit.
7) Prior notice shall be given to the local fire authority of the time and location of any
fire authorized by the permit.
8) Any fire allowed by this permit shall be extinguished within four (4) hours of a public
announcement by the Minnesota Pollution Control Agency that an air pollution alert, warning
or emergency exists. Such burning shall cease until a similar announcement terminating the
alert, warning or emergency.
9) This permit is subject to revocation at the discretion of the Director, a DNR Forest
Officer, the local fire authority or the permit issuer ifs
a. A reasonable, practical method of disposal of the material is found;
b. A fire hazard exists or develops during the course of the burning; or
c. Any -of the conditions of the permit are violated during the course of the burning.
10) Other reasonable conditions the permit issuing authority may impose:
--- THIS PERMIT BEGINS ON TIME: �`� Atw S-00
THIS PERMIT EXPIRES ON , 19 TIME: to
This permit was issued with the knowledge and recommendation of a local fire authority or local
governmental authority having jurisdiction in the area where the burning is to occur, as
follows: (� ,f
NAMEiRA" - T I TLE 1. t PHONE �� �5�
The recipient of this permit shall comply with all other state and local laws regarding open
burning, including obtaining required permits.
F AUTHORIZED REPRESENTATIVE of EDWARD M. NIIK, P.E.
Director
Division of Air quality
Mimesots Pollution Control Agency (612) 296-7300
OMEN BURNING RESTRICTIONS AND PERT! I TT I NG REQUIREMENTS
7005..0700 DEFINITIONS.
Subpart 1. Scope. As used in parts 7005.070£ to 705.362.
the followino words shall have the meanings defined herein..
Subp. 2. Approved waste burner. "Approved waste b',;:-ne-"
mems an incinerator or other burner constructed of fire
resistant material having a capacity of not less than three
bushels, a cover which is closed when in use, and
openings in the top or sides no greater than one inch in
diameter.
Subp. 3. Building material. "Building material" neons
lumber, wood shakes, and other wood products but shall riot
include composite shingles, tar paper, insulation, wall board,
wiring, or other similar smoke producing materials.
Subp. 4. Diseased shade tree. "Diseased shade tree" means
any tree infected by dutch elm disease or oak wilt disease or
any tree constituting a hazard to a disease control progr`n.
established by the Department of Agriculture pursuant to
Minnesota Statutes, section 18.023.
facility ar site perrotleo ay �r;t r:.;.:�t_,i c .rc _._�., ,t_•,.
Agency for the intermediate or final disposal of solid waste.
Siibp. 6. Gtirbage. _ "Garbage" means discsrdeO mi,;erii,i
' �r
1/23/65 (RSVISOR ] rw;S
resulting from the handling, processing, storaae,preparation,
serving, and consumption of food.
Subp. 7. Metropolitan area. "Metropolitan :-ea" mei---ns • ,
area in=cluded within the counties of Anoka, Garver, Dakota,
I ennep: n, Rea:sey, , Scott, anc was! i ngton.
SL: v. E. open burning, "Over. burning" mei;n!; t!':P
of and matter where -N- the resi2ta7t c�:rbcs�ic^ Yrcc.:c:s a -c -
emitted c;rEc,:v to the atmosphere without passing :1:rouci. cr.
adequate stacK,�Guct, or chimney. -
S;:bp. 9 Refuse collection service. "Re't:!;e`ec_'_ect:c-,
service" -eans a public or private operation e:1cacEc ir. sc_ c
waste collect .:on and transportation.
Subp. Rubbish. "Rubbish means esz e sc_:c
waste, such as parer, cardboard, yard clipp' �gS, c -c of o:
natural matter not including garbage.
Subp, i1. Wetland. "Wetland" means natural marsh where
water stands near, at, or above the soil surface d,;r i nc a
significant portion o; most years. -
MS s 116.07 subd 4
7005.0710 OPEN BURNING RESTRICTION.
No person shall cause, allow, or permit open burning.
MS s 116.07 subd 4
7005.0720 EXEN,PTioNS.
Subpart 1. Unincorporated areas. In un ncorpc-rate, areas
where no refuse collection service is available, ;.ne oDen
burning of rubbish originating from single residen,ia'_•pre„.:res
may be conducted in approved waste birners.
Subp. 2. Cities without refuse collection service. in env
city where no refuse collection service is arc:?ab;e, the
unit of government may apply to the director for pE ra,i ss io-: :.c
allow the open burning of rubbish originating fro,;, sing e
residential premises in approved waste burners.
Subp. 3. Availability of refuse collection service.
Refuse collection service shall be deemed available as
delineated in the county solid waste management plan, as ado^:ec
MS s 116.07 subd 4
1/23/65 ( REV SOR j F -Mi S
7005.0730 PROHIBITION'' OF SALVAGE OPERATIONS BY OPEN 3i;rNiNG.
Subpart ?. Restriction. No person shahl concoct, ca -,;se,
or permit salvage operations by open burring.
St., P.. ... Permit required. No person s: nscc,< < ,
trans -07z' or . -ocess Motor vehicles or scra:
beer. recu_ed- c^cn or inc.neration n ce -
equipment which has not received an operating :;er:7.:t f=.
agency.
MS s 116.07 subd 9
0740 OPEC: BjRN _1 NG BY PERMIT.
Open burning May be conducted if an open l;urn i nc re:..: , is
obtained pursuant tc parts 7005.0700 to 7005.0820 and t:-.= cre-:
birning is conducted in accordance with the requirements o_`
parts 7005.0700 to 7005.0820 and the conditions of the oe 7.t.
r;S s 116.07 subd 4
7005.0750 PEPJ41T APPLICATIONS.
Subpart 1. Application. Application for open bur inc
permits may be mage in cases where fires are proposed to be set
for the following purposes:
A. bona fide instruction and training of fire
fighting personnel and for the testing of fire ext ncuisr.inc
equipment; r
B, elimination of fire or health hazards whic* canno-
be abated by any other practicable means;
C. activities in accordance with accepted forest or
game management;
D. ground thawing for utility repair and constr;;ctior.;
E. the disposal of trees, brush, grasp;, and otr,er
vegetative matter in the development of land and richt -wd�
maintenance;
F. the disposal of diseased shade trees;
G. the disposal of trees and brush in areas outline
N. activities in accordance with accepted
agricultural practices;
38
1/23/65 (REVISOR ) EM;S
I. the disposal of building material oenerated by
construction; an,:
' J. the disacs6l of building material generated hY tt;e
der -clition of ncnco:;mercial or nonirstitutional struct;:res.
Subp. 2. Restrictions A burning permit. s!:i.__
c^ a Prescr .nec :or,r, to the applicant i; the-,;rn:.,c .s :crvc:.E
c` the n,;r-cses se' forth in subpart. l and the aoc_ . cant ac_ rees
that al! bGr ninc s:fall be conducted under the fol."o -ri.
c:: cumstances:
A. The �:revai1inc wind at the time of the b-;rn:.nc
sail be away f: -o.., nearby residences.
B. The bur.-ino shall be conducted as far aNa',' as
p:-uctical fron, any hichway or public road and contrci .ec so t`a
traffic hazard is not created.
C. The burning may not be conducted during the
duration of an air pollution alert, warninc, or emergency.
D. The recipient of the permit or his authorized
representative shall be present for the duration of any fire
authorized by the permit.
E. Prior notice shall be given to the local
department of natural resources forest officer, local fire
marshal, or local fire chief of the time and location of any
:i:e authorized by the permit.
F. open burning for ground thawing shall be condicted
in accordance kith the following additional restrictions:
(1) Fuels and starting materials shall be of a
kind which do not generate appreciable smoke.
(2) Coke used for gro`.:nd thawing within 500 feet
of dwellings or -occupied buildings shall contain less than one
percent sulfur.
(s) Ambient air quality standards for
dioxide and carbon monoxide shall not be exceeded at occ:piEc
residences other than those located on the propert; on which the
burning is being conducted.
(4) Propane oas thawing torches or other devices
causing minima -I pollution shall be used when practicable.
items E to�J shall be conducted in accordance with the
additional restrictions:
(1) The location of the burning shall not be
iq
1/23/65 (REVISOR `'•IS
within 600 feet of an occupied residence other than those
located on the property on which the burning is conc..'.;ctec.
(2) Cils, rubber, and other sii-.o lar smoke
modus _ nc r.,ater i a' c shall not be burned or use4 as
ia1er C ts,
(3) "he burn -A ng slinall not be z 6.:c ted'
Tile of 4:rport.or landing strip, unless by the
director.
E. Cpen burning of materials pursua-t tc sub 6rt 1,
A I s:t€:? Giso only be conducted under con;.rvlle^ burning
methods a:roved by the director.
I. The burning is conducted under such oziner
reasonable c,,nc_t!cns as the perm:,. issuing a,;thor_- , ..,a_ i—pose.
MS s 116.07 subd 4
7005.0760 PERJ,'._T ISSJERS.
In addition to the agency, the following persons are
authorized to accept applications and issue open burning perr,:;s:
A. a department of natural resources forest officer
for locations within his jurisdiction;
B. a local department of natural resources .ire
warden for locations within his jurisdiction;
C. upon approval of the agency, a local pollution
control agency for locations within its jurisdiction;
D. a person(s) designated by the county boars' of
commissioners and approved by the director for locations with: r:
the county but outside the corporate limits of cities within the
county;
E. upon the approval of the director, either a fire
chief or a person designated by a township or city for locaticns
within the jurisdiction of said governmental unit; and
F. a regional director of the agency or an
-of the agency authorized by the director, who m6y in their
discretion, refer the applicant to a local perm:t issuing
authority.
14S s 116.07 subd 9
7005.0770 PERMIT DENIAL.
1'/23/55 , [ REVISOR j E►,; S
Any permit application submitted pursuant to parts
7005.0700 to 7005.0620 shall be denied if:
A. a reasonable, practical alternative method c`.
disposal of the material is available; or
B. a nuisance condition would res ---it f ror.. ;".e b -a: --._r.:..
FSS s 1A'6.(17 subd y
7005.07E0 PERMIT REVOCATION.
Antis permit is subject to revocation at the discretion o
the director, a department of natural resources forest cff cer,
the loca fire mers`,al or fire chief, o: the permit issuer,
A a reasonable practical method of disposal of ,he
material is found;
B. a fire hazard exists or develops during the cou:-se
of the burning; or
C. any of the conditions of the permit are violated.
MS s 116.07 subd 4
7005.-0700 LIABILITY.
Exemption to conduct open burning or the granting of a,-
open
ropen. burning permit under any provisions of parts 7005.1'171"T to
7005.0620 does not excuse a person from the consequences,
damages, or injuries which may result therefrom.
MS s 116.07 subd 9
7005.0600 CONFLICTING LAWS.
Nothing in parts 7005.0700 to 7005.0820 shall be construed
to allow open burning in those areas in whichopenburn-inc is
prohibited by other laws, regulations, or or61nanceS.
MS s '116.07 subd 4
7005.0810 RECREATIONAL. FIRES.
Fires set for recreational, ceremonial, food preparation,
or
Charco 6l IS uurned.
MS s 116.07 subd.4
41
' 1/23/65 (REV ;SOR EMI
D; S _SED S',P.DE TREE OPEN BURN'' I NG SITES.
Subpart 1. Open burning permitted. Open burning of
disease -6 s::i:.:e trees sha! l be Nror Ices nc. rPGsd..C� :4
o.ternate :.�.'o� of disoc'sal exists as dPtPrT.if'E'd 7t' t}.E
a Aerial t :S :.: tc.-ped p'!: suant. to parts
and the cper barn nc is conducted in accordi:ncr•ti:the
recuirements of Darts 7005.070C to 70;;5.0620 and�t`:E co-:c...c-.s
of the perr..: t .
Sub;. 2. Site location. The site shall be locates
accorda~ce W. the fo-11oNing conditions or as approved :he
director of air quality:
not ' ess 41 ;ar, 1 , OCC' fee, f roT an occup e : _c..
B. not less than 1 ,000 f eet f rom a publ i e roar , a.•;
C. not less than one mile fro. -Ti an a i rDcrt or land i nc
strip;
D. not less than 300 feet from a stream and
E. not within wetland.
Subp. 3. Site preparation. The site shall be prepared
accordance with the following;
A. Access to the site shall be control2 ed by a Sate
which shall be locked when an attendant is not or. duty.
B. Approach roads to the disposal site and access
roads on the site shall be maintained so that they shad be
passable at all specified times.
C. A permanent sign identifying the opera :Ion.
indicating the hours and days the site is opera for use, rates,
the penalty for. nonconforming dumping, and other pertinent
information shall be posted at the site entrance.
D. Surface eater drainage shall be diverted arc -and
and away fro,,: the opera;.ing area and ash storaoe arees.
Subp. 4. Site operation. The site shall be operated in
accordance wi:I: the following conditions:
A. Only diseased shade trees and/or tree tr it;a,. ngs
shall be disposed of on the site.
E1. QU61:::&'C i.erc;U!IT.,ei for UE'r,eI-i.-, 0iI-(-Cz':oil i,"C:
operation of the site shall be on duty at all times while the
site is open for use and for the duration of any fire on the
site.
L
1��?iss (rrvlso, l►,�s
C. Burning shall be conducted only when wea,Y.er
conditions are such that a nuisance, health, or safety hGzard
Will not be created.
D. Prior notice shall be given to the local fire
a.,ttlhO,-:tv c.` the t:i�,e and d-ji-otion Of each
AC' 0U3'..e cuSt cOnt'-C1 chaff l be p r ov;6(-e. c.': "Lc
s:;.e and c-1 -,he roads lea::inc to the site.
Vis' :-esidue shall be collected on a e c bass
and disposed of in an agency-permitted rani tart' lar1c::; .
Su^c. Site termination The s.te shall be te. aye^
in accordance with the following:
A. A1' nater:als e►:tranecus to the s:te s:-:a_ be
removed and di sp--sed cf in an appropriate manner .
B. The site shall be returned to a slate equal to its
surroundings.
MS s 116.07 subd 4
6-3--1 6-3-4
CIIAP`i•ER 3
OPEN BURNING'
SECTION:
6.-3-1: Open Burning Prohibited
6--3--2: Adoption of Chapter 8, APC 8 by Reference
�.
6-3---3: Permit issuing Authority
6-3-4: Penalty
6-3-1: OPEN BURNING 1IR01l11111 '1;1): it shall I)e unlawful, a
violation of this Chapter and a misdemeanor for any person to
start or allow to burn any open fire on any property within the City without a
permit, except for supervised recreational or cooking fires contained within
approved fire rings, pits or barbecue grills.
6-3-2: Ai)OPTION OF C°IiA11 "i'1%It R, Ai'C R IIV Itl+,I�t�,RENCE:
Chapter 8, State of Minnesota Air Pollution Control Rttles, carr -
rent edition, as amended May 18, 1976 is hereby adopted by reference and is
made a part'of this Chapter as if fully set forth herein; three (3) copies are on file
with the City Clerk. Any violation of said Chapter herein adopted by reference is
a violation of this Chapter,
6-3-3: 1'FRMIT ISSUING: A11111110RI V: The City fire Chief, Building
Official or the Superintendent of Streets and Utilities are hereby
authorised to issue permits under this Chapter, and may establish reasonable
permit conditions for open burning consistent with the rules adopted herein.
The signature of one designated official is necessary for permit to be issued.
6-3-4: i'I;NALTV: Any person who shall fail to comply with any order
given under the terms of this Chapter, or who shall in any way
violate any of the provisions or requirements of this Chapter, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine not to
exceed five hundred dollars ($500.00) or by imprisonment for not to exceed
ninety (90) days, or both. (Ord. XVi11.4, 5-3-83)
1 en nInn Sec0011 5 1 -- 4 01 1111s cmdo'.