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1972-059 Council Ordinances
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1972-059 Council Ordinances
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9/24/2019 11:09:00 AM
Creation date
3/22/2019 11:21:10 AM
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City Council
Council Document Type
Ordinances
Meeting Date
06/26/1972
Council Meeting Type
Regular
Ordinance #
59
Ordinance Title
Regulating Open Burning
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r"t <br />RULES AND REGULATIONS APC 8 <br />sufficiency or insufficiency of said information within thirty days of the <br />receipt by the Agency staff of said information. <br />(iii) All determinations made under these regulations are subject <br />to Agency review. <br />(iv) Failure to comply with the foregoing provisions shall subject <br />a governmental unit and its officials to all applicable administrative and <br />judicial sanctions available to the Agency, including the provisions of M.S. <br />1967, Section 116.08, Subd. 1. <br />(b) Prohibitions of Salvage Operations by Open Burning <br />(1) No person shall conduct, cause or permit the conduct of a salvage <br />operation by open burning. <br />(2) A salvage operation shall not constitute an installation within the <br />meaning of APC 3. <br />(c) Restriction on Open Burning of Tree Leaves <br />The open burning of leaves is prohibited effective two months after refuse <br />collection service or a general solid waste management system is available. <br />Until such time, burning of leaves is permitted only in containers meeting <br />fire safety standards. <br />(d) Exceptions. Exceptions herefrom may be allowed upon application <br />and approval by the Director where accompanied by the recommendation <br />of the local fire marshal or other responsible local official having jurisdiction <br />thereof. Such burning shall not be permitted, however, if contrary to other <br />applicable laws, ordinances and regulations. Exemption to conduct open <br />burning under the provisions of this regulation does not excuse a person <br />from the consequences, damages, or injuries which may result therefrom. <br />In areas in which open burning is permitted pursuant to this regulation, <br />persons seeking a permit to conduct open burning under paragraph (d), sub- <br />sections (2), (3) and (5), may obtain such a permit from a regular forest <br />officer or a town fire warden pursuant to Minnesota Statutes, Sections 88.17 <br />and 88.18, or a person designated by the County Board of Commissioners. <br />The Director shall be notified of the name and address of such designated <br />person before he may perform such duties. Such notification shall be effec- <br />tive for one year from the date of receipt by the Agency. Failure to comply <br />with the provisions of paragraph (d), subsection (5) of this regulation will <br />constitute a violation of these regulations and render the person subject to <br />the legal remedies of the Agency, including but not limited to the termina- <br />tion of the right of said person to conduct open burning pursuant to para- <br />graph (d), subsections (2), (3) and (5). The following are exceptions for <br />which application may be made: <br />(1) Fires purposely set for the instruction and training of public and <br />industrial fire -fighting personnel. <br />(2) Fires set for the elimination of a fire hazard which cannot be abated <br />by any other practicable means. <br />(3) Fires purposely set for forest or game management in accordance <br />with practices recommended by the Minnesota Department of Conservation, <br />the Minnesota Department of Agriculture and the United States Forest <br />Service. <br />(4) The burning of hydrocarbons which must be wasted through the <br />use of atmospheric flares. <br />3 <br />
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