HomeMy Public PortalAbout178 Affidavit of PublicationlI
AFFIDAVITT OF PUBLICATION
CROW RIVER NEWS
Rockford and Osseo, Minnesota
State of Minnesota
County of Hennepin } SS.
County of Wright
DON R. LARSON, being duly sworn, on oath says: that he now is and during all the
time herein stated has been DON R. LARSON, the publisher and printer of the
newspaper known as the Crow River News, and has full knowledge of the facts
herein stated.
printed for Tore th���ne yeea.r immediately prior to the publication therein of the
®tce i Nedina
Ordinance No. 178
hereto attached, said newspaper was printed and published in the English
language from its known office of publication within the County of Hennepin and
County of Wright, State of Minnesota, on Wednesday 3f each week in
column and sheet form equivalent in space to 450 running inches of single
column 2'/z inches wide; has been issued from a known office established in said
place of publication equipped with skilled workmen and the necessary material for
preparing and printing the same: THE CROW RIVER NEWS has had in its
makeup not less than twenty-five percent of its news column devoted to local news
of interest to said community it purports to serve, the press work of which has
been done in its known place of publication; has contained general news, com-
ments and miscellany; has not duplicated any other publication; has not been
entirely made up of patents, plate matter and advertisements; has been circulated
at and near its said place of publication to the extent of 240 copies regularly
delivered to paying subscribers; has been entered as second class mail matter in
local post office of its said place of publication; that there has been on file in the
office of the County Auditor of said county the affidavit of a person having first
hand knowledge of the facts constituting its qualifications as a newspaper for
publication of legal notices; find that its publishers have complied with all
demands of said County Auditor for proofs of its said qualification. A copy of each
issue has been filed with the State Historical Society, St. Paul.
That the printed Notice City. of Medina
Ordinance No. 178
hereto attached as a part hereof was cut from the columns of said newspaper; was
published therein in the English language once a week for. successive
weeks; that it was first so published on the day of AMU
19...79.and thereafter on of each week to and including•
the day of ,19 ; and that the following is a copy of the
lower case alphabet which is acknowledged to have been the size and kind of type
used in the publication of said Ordinance No, 170
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MEDINA
ORDINANCE NO. 178
AN ORDINANCE REGULATING
THE BURNING AND INCINERATING
OF REFUSE IN THE CITY OF MEDINA,
MINNESOTA, BY THE ADOPTION OF
EXISTING MINNESOTA POLLUTION
CONTROL AGENCY REGULATIONS.
THE CITY COUNCIL OF THE CITY OF
MEDINA ORDAINS AS FOLLOWS:
SECTION 1.
Ordinance No. 140, Chapter V of the 1965
Code of Ordinances of the Village of
Medina, Sections 545 through and in-
cluding 545:20 are hereby repealed.
SECTION 2.
Section 545 of the 1965 Code of Or-
dinances of the Village of Medina is
hereby amended by the addition of the
following:
Section 545 Burning of Refuse.
Section 545.00 Minnesota Pollution Con-
trol Agency Regulations Adopted. The
following provisions of Air Pollution Con-
trol Rules of the Minnesota Pollution Con-
trol Agency are hereby adopted:
AIR POLLUTION
CONTROL RULES
CHAPTER EIGHT: APCS
APC 8 Open Burning
(a) Definitions
As used in this regulation the following
words shall have the meanings defined
herein.
(1) "Approved waste burner" means an
incinerator or other burner constructed of
fire resistant material having .capacity of
not less than three bushels, a cover which
is closed when in use, and maximum open-
ings in the top or sides no greater than one
inch in diameter.
(2) "Building material" means lumber,
wood shakes and other wood products but
shall not include composite shingles, tar
paper, insulation, wall board, wiring or
other similar smoke producing materials.
(3) "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 program es-
tablished by the Department of
Agriculture pursuant to Minn. Stat. S
18.023.
(4) "Disposal facility" means a facility
or site permitted by the Minnesota Pollu-
tion Control AQenry fnr thA intakra.udteth.
(8) "Refuse collection service" means
a public or private operation engaged in
solid waste collection and transportation.
(9) "Rubbish" means nonputrescible
solid waste, such as paper, cardboard,
yard clippings and other natural matter
not including garbage.
(10) "Wetland" means natural marsh
where water stands near, at or above the
soil surface during a significant portion of
most years.
(b) Open Burning Restrictions.
No person shall cause, suffer, allow or
permit open burning.
(d) Prohibition of Salvage Operations by
Open Burning
(1) No person shall conduct, cause or
permit salvage operations by open burn-
ing.
(2) No person shall possess, transport
or process motor vehicles or scrap metals
which have been reduced by open burning
or incineration in a device or equipment
which has not received an Operating Per-
mit from this Agency,
(e) Open Burning by Permit
Open burning may be conducted if an
open burning permit is obtained pursuant
to this regulation and the open burning is
conducted in accordance with the require-
ments of this regulation and the conditions
of the permit.
(f) Permit Applications
(1) Application. Application for open
burning permits may be made in cases
where fires are proposed to be set for the
following purposes :
(aa) Bona fide instruction and training
of fire fighting personnel and for the
testing of fire extinguishing equipment.
(bb) Elimination of fire or health
hazards which cannot be abated by any
other practicable means.
(cc) Activities in accordance with ac-
cepted forest or game management.
(dd) Ground thawing for utility repair
and construction.
(ee) The disposal of trees, brush, grass
and other vegetative matter in the
development of land and right-of-way
maintenance.
(ff) The disposal of diseased shade
trees.
(hh) Activities in accordance with ac-
cepted agricultural practices.
(ii) The disposal of building material
(aa) The prevailing wind at the time of
the burning shall be away from nearby
residences.
(bb) The burning shall be conducted as
far away as practical from any highway or
public road and controlled so that a traffic
hazard is not created.
(cc) The burning may not be conducted
during the duration of an air pollution
alert, warning or emergency.
(dd) The recipient of the permit or his
authorized representative shall be present
for the duration of any fire authorized by
the permit.
(ee) Prior notices 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
fire authorized by the permit.
(ff) Open burning for ground thawing
shall be conducted in accordance with the
following additional restrictions:
(i) Fuels and starting materials shall be
of a kind which do not generate ap-
preciable smoke.
(ii) Coke used for ground thawing within
500 feet of dwellings or occupied buildings
shall contain less than 1% sulfur.
(iii) Ambient air quality standards for
sulfur dioxide and carbon monoxide shall
not be exceeded at occupied residences
other than those located on the property
on which the burning is being conducted.
(iv) Propane gas thawing torches or
other devices causing minimal pollution
shall be used when practicable.
(gg) Open burning of materials pursuant
to paragraph (f) (1) (ee), (ff), (gg), (hh),
(ii), and (jj) shall be conducted in accor-
dance with the following additional
restrictions:
(i) 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.
(ii) Oils, rubber and other similar
smoke producing materials shall not be
. burned or used as starting materials.
(hh) Open burning of materials pursuant
to paragraph (f) (1) (ii) shall also only be
conducted under controlled burning
methods approved by the Director.
(ii) The burning is conducted under such
other reasonable conditions as the permit
issuing authority may impose.
(5) Permit Revocation. Any permit is
subiect to revocation at the discretion of
the Director, a Department of Natural
Resources Forest Officer, the local fire
marshal or fire chief, or the permit
issuer, if:
(aa) A reasonable practical method of
disposal of the material is found;
(bb) A fire hazard exists or develops
during the course of the burning; or
(cc) Any of the conditions of the permit
are violated.
(g) Liability. Exemption to conduct
open burning or the granting of an open
burning permit under any provisions of
this regulation does not excuse a person
from the consequences, damages or in-
juries which may result therefrom.
(h) Conflicting Laws. Nothing in this
regulation shall be construed to allow open
burning in those areas in which open burn-
ing is prohibited by other laws, regula-
tions or ordinances.
(i) Recreational Fires. Fires set for
recreational, ceremonial, food prepara-
tion, or social purposes are permitted
provided only wood, coal, or charcoal is
burned.
(j) Diseased Shade Tree Open Burning
Sites. Open burning of diseased shade
trees shall be permitted provided no
reasonable alternate method of disposal
exists as determined by the Agency, a per-
mit is obtained pursuant to this regulation,
and the open burning is conducted in ac-
cordance with the requirements of this
regulation and the conditions of the per-
mit.
(1) Site Location. The sites shall be
located in accordance with the following
conditions or as approved by the Director
of Air Quality:
(aa) Not less than 1,000 feet from an oc-
cupied building.
(bb) Not less than 1,000 feet from a
public roadway.
(cc) Not less than one mile from an air-
port or landing strip.
(dd) Not less than 300 feet from a
stream.
(ee) Not within wetland.
(2) Site Preparation. The site shall be
prepared in accordance with the follow-
ing:
(aa) Access to the site shall be con-
(3) Site Operation. The site shall be
operated in accordance with the following
conditions:
(aa) Only diseased shade trees and/or
tree trimmings shall be disposed of on the
site.
(bb) Qualified personnel for general
direction and 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.
(cc) Burning shall be conducted only
when weather conditions are such that a
nuisance, health or safety hazard will not
be created.
(dd) Prior notice shall be given to the
local fire authority of the time and dura-
tion of each fire.
(ee) Adequate dust control shall be
provided on the site and on the roads
leading to the site.
(ff) Ash residue shall be collected on a
periodic basis and disposed of in an
Agency -permitted sanitary landfill.
(4) Site Termination. The site shall be
terminated in accordance with the follow-
ing :
(aa) All materials extraneous to the site
shall be removed and disposed of in an ap-
propriate manner.
(bb) The site shall be returned to a state
equal to its surroundings.
July 7, 1969; amended June 5, 1970;
amended September 14, 1971; amended
March 12, 1976; amended May 13,1976.
Section 545.05 Chief of Police
Authorized to Issue Permits. The Medina
Chief of Police is hereby authorized to
issue Open Burning Permits in accor-
dance with the regulations set forth
herein. Applications for Open Burning
Permits shall be made to the Chief of
Police upon application forms provided by
the Chief of Police.
Section 545.10 Authority of Chief of
Police. The Chief of Police is authorized
to administer and enforce all of the
regulations set forth in this Ordinance
and, where appropriate, shall exercise
powers granted to the Director, the
Regional Director, and the Minnesota
Pollution Control Agency.
Section 545.15 Penalties. Every person
-who does any act forbidden by this Or-
dinance or omits or fails to do any act re-
quired by this Ordinance or violates any