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hereby repealed.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