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HomeMy Public PortalAbout1979-004Member omgti Cv-osAg introduced the following resolution and moved its adoption:a CITY OF MEDINA RESOLUTION NO. 79- 5A RESOLUTION AUTHORIZING THE MEDINA CHIEF OF POLICE TO ACCEPT APPLICATIONS AND TO ISSUE OPEN BURNING PERMITS WHEREAS, the Medina Chief of Police is a full time employee of the City; and WHEREAS, the Medina Chief of Police has access to radio communications at all times with his own Officers and the Officers of other police departments patrolling in and about the City of Medina; and WHEREAS, the Medina Chief of Police is qualified, authorized and designated as the Tree Inspector of the City of Medina; and WHEREAS, the Chief of Police is available on a daily basis, to monitor permit applications and requirements and to deal with other matters regarding the issuance of Open Burning Permits and the enforcement of restrictions on said Permits. NOW THEREFORE, be it resolved by the City Council of the City of Medina to request approval by the Minnesota Pollution Control Agency of the powers granted to the Medina Chief of Police under Ordinance No./which is attached hereto and made a part hereof by reference. DATED: ThdhtA (�, /97q ATTEST: Donna Roehl, City Clerk T Oma Ander i, Mayor The motion for the adoption of the foregoing resolution was duly seconded by Member (iejfe//4 rm tee/wand upon vote being taken thereon, the following voted in favor thereof: e/5er C;056 �i'n¢dcrsoel44.4 �� and the following voted against the same: /Ong, �/ whereupon said resolution was declared duly passed and adopted. d h lzn t: 2.u fx. CITY OF MEDINA ORDINANCE NO. /7/ 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Chapter V of the 1965 Code of Ordinances of the Village of Medina, Sections 545 through and including 545:20 are hereby repealed. SECTION 2. Section 545 of the 1965 Code of Ordinances of the Village of Medina is hereby amended by the addition of the following: Section 545 Burning of Refuse. Section 545.00 Minnesota Pollution Control Agency Regulations Adopted. The following provisions of Air Pollution Control Rules o.f the Minnesota Pollution Control Agency are hereby adopted: AIR POLLU170N (AmmOL RVLE. CHAPTER EIGHT: APC 8 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 a capacity of not less than three bushels. a cover which is closed when in use, and maximum openings 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 clm disease or oak wilt disease or any tree constituting a hazard to a disease control program established by the Department of Agriculture pursuant to Minn. Stat. § 18.023. (4) "Disposal facility" means a facility, or site permitted by the Minne- sota Pollution Control Agency for the intermediate or final disposal of solid waste. (5) "Garbage" means discarded material resulting from the handling, processing. storage, preparation, serving and consumption of food. (6) "Metropolitan Arca" means the arca included within the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. (7) "Open Burning" means the burning of any matter whereby the resultant combustion products are emitted directly to the atmosphere with- out passing through an adequate stack, duct, or chimney. (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, card- board, 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 Hermit open burning. (d) Prohibition of Salvage Operations by Open Burning (1) No person shall conduct, cause or permit salvage operations by open burning. (2) No person shall possess, transport or process motor vehicles or scrap metals which have been reduced by open burning or incineration in AIR POLLUTION CONTROL RI: LES APC g a device or equipment which has not received an Operating Permit 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 requirements 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. (ce) Activities in accordance with accepted forest or game manage- ment. (dd) Ground thawing for utility repair and construction. (ce) the disposal of trces, 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 accepted agricultural practices. (ii) The disposal of building material generated by construction. (jj) The disposal of building material generated by the demolition of non-commercial or non -institutional structures. (2) Restrictions. A burning permit shall be issued on a prescribed form to the applicant if the burning Is for one of the purposes set forth in subsection (f)(1) and the applicant agrees that all burning shall be con- ducted under the following circumstances: (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. (ff) Open burning for ground thawing shall be conducted in accor- dance with the following additional restrictions: (i) Fuels and starting materials shall be of a kind which do not generate appreciable 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. AIR POLLUTION CONTRO1. Itl'LF-s 1P1: 8 (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), (tf), (gg), (hh), (ii), and (jj) shall be conducted in accordance 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)0i) 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 imt:ose. (3) Permit Issuers. In addition to the Agency, the following persons are authorized to accept applications and issue open burning pri mite: (4) Permit Denial. Any permit application submitted pursuant to this regulation shall be denied if: (aa) A reasonable, practical alternative method of disposal of the material is available. (bb) A nuisance condition would result from the burning. (S) Permit Revocation. Any permit is subject to revocation at the dis- cretion 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 burn- ing; 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 injuries which may result therefrom. (h) Conflicting Laws. Nothing in this regulation shall be construed to 4 Ala POLLUTION CO\77ii11. al LEs APC 8 allow open burning in those areas in which open burning is prohibited by other laws: regulations or ordinances. (i) Recreational Fires. Fires set for recreational, ceremonial, food prep- aration, or social purposes are permitted provided only wood, coal, or char - coat 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 permit is obtained pursuant to this regulation, and the open burning is conducted in accordance with the requirements of this regulation and the conditions of the permit. (I) 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 occupied building. (bb) Not less than 1,000 feet from a public roadway. (cc) Not less than one mile from an airport or landing strip. (dd) Not less than 300 feet from a streaut. (ec) Not within wetland. (2) Site Preparation. The site shall be prepared in accordance with the following: (aa) Access to the site shall be controlled by a gate which shall bc locked when an attendant is not on duty. (bb) Approach roads to the disposal site and access roads on the site shall bc maintained so that they shall be passable at all specified times. (cc) A permanent sign identifying the operation indicating the hours and days the site is open for use, rates, the penalty for non -conforming dumping and other pertinent information shall be posted at the site entrance. (dd) Surface water drainage shall be diverted around and away from the operating area and ash storage areas. (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 duration 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 following: (aa) All materials extraneous to the site shall be removed and disposed of in an appropriate 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 19761 Section 545.05 Chief of Police Authorized to Issue Permits. The Medina Chief of Police is hereby authorized to issue Open Burning Permits in accordance with the regulations set forth herein. Applications for Open Burning Permits shall be made to the Chief of Police upon application forms pro- vided 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 Ordinance or omits or fails to do any act required by this Ordinance, or violates any provision of a Permit granted under this Ordinance, upon conviction thereof by lawful authority, shall be punished by a fine not to exceed $500 or by imprisonment not to exceed 90 days, or both. SECTION 3. This Ordinance becomes effective upon its adoption and publication. SECTION 4. Adopted by the City Council of the City of Medina this day of-`%4/eit .'j , 1979. ATTEST: Donna Roehl, City Clerk Published this // day of7-ai , 1979