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<br />RULES AND REGULATIONS APC 8
<br />CHAPTER EIGHT: APC 8
<br />APC 8 Open Burning Restrictions
<br />(a) Refuse burning restrictions
<br />(1) No person shall dispose of refuse by open burning, or cause, suffer,
<br />allow or permit open burning of refuse. In areas where no refuse collection
<br />service is available on the effective date of this regulation, as amended, open
<br />burning on residential premises, of refuse originating from dwelling units on
<br />premises shall not be in violation of this section until such refuse collection
<br />service becomes available, but no later than three years from the effective
<br />date of this regulation, or at some earlier time as hereinafter provided.
<br />(2) Except as hereafter provided in this paragraph, where any township,
<br />without regard to location, has a total population of less than 2,500 persons
<br />according to the most recent official state or federal census, finding of the
<br />Municipal Commission or estimate of the Metropolitan Council, persons
<br />dwelling within said township may dispose of refuse originating from dwell-
<br />ing units on residential premises within said township by open burning on
<br />said residential premises. However, persons dwelling within those portions
<br />of such townships having a population density in excess of 100 occupied
<br />dwelling units per square mile, as determined by the Director or by the
<br />township government with approval of the Director, shall be required to
<br />comply with all provisions of this regulation, including but not limited to
<br />subsections (a)(1) and (4). A dwelling shall be occupied for the purposes of
<br />this regulation if it is occupied as either a seasonal or a permanent dwelling.
<br />Refuse originating from dwelling units shall include, for the purposes of
<br />this subsection, household rubbish, leaves and other natural matter, not in-
<br />cluding garbage and other putrescible solid wastes, which emanate from a
<br />dwelling unit. Refuse from agricultural operations shall not be disposed of by
<br />open burning under this regulation, except as provided in subsection (d)(5).
<br />(3) Without regard to location, where any township, having a popula-
<br />tion in excess of 2,500 persons according to the most recent official state or
<br />federal census, finding of the Municipal Commission or estimate of the
<br />Metropolitan Council or any city, village, or borough, without respect to
<br />the total population of said city, village, or borough, has a population
<br />density of less than 100 occupied dwelling units per square mile in a portion
<br />of said city, village, borough or township, as determined by the municipal
<br />government with approval of the Director, persons dwelling within said por-
<br />tion may dispose of refuse originating from dwelling units on residential
<br />premises by open burning on said residential premises upon application by
<br />said city, village, borough or township and with the approval of the Director.
<br />Said portions must be in excess of 2 square miles of contiguous area. A
<br />dwelling shall be occupied for the purposes of this regulation if it is occupied
<br />as either a seasonal or a permanent dwelling.
<br />Refuse originating from dwelling units shall include, for the purposes of
<br />this subsection, household rubbish, leaves and other natural matter, not in-
<br />cluding garbage and other putrescible solid wastes, which emanate from a
<br />dwelling unit. Refuse from agricultural operations shall not be disposed of by
<br />open burning under this regulation, except as provided in subsection (d)(5).
<br />(4) Within 3 months of the effective date of this regulation as
<br />amended, it shall be the duty of each of the following units of local govern-
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