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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 abc fghijklmnopgrf u xyz 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