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HomeMy WebLinkAbout1972-059 Council OrdinancesORDINANCE NO. 59 VILLAGE OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE REGULATING OPEN BURNING WITHIN THE VILLAGE OF LINO LAKES, ANOKA COUNTY, MINNESOTA, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. THE VILLAGE COUNCIL OF THE VILLAGE OF LINO LAKES, ANOKA COUNTY, MINNESOTA DOES HEREBY ORDAIN: SECTION I. DEFINITIONS. A. PERSON. Shall be as defined in Minnesota Statutes 1967, Section 116.06, Subd. 8. B. OPEN BURNING. Burning any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through an adequate stack, duct or chimney, as defined by State law. The matter allowed to be burned shall not include any garbage or other putrescible solid wastes, rubber or other similar materials which may produce an unreasonable amount of air con- taminates. C. RECREATIONAL FIRES. Wood burning fireplaces and open fires used solely for outdoor food preparation. D. BURNING PERMIT. A written permit issued by the Village Fire Marshall authorizing fires exempted from the general provisions hereof, and setting conditions therefor. SECTION II. OPEN BURNING PROHIBITED. From and after the effective date of this ordinance, except as herein otherwise provided, open burning shall be prohibited within the Village of Lino Lakes. SECTION III. EXEMPTIONS. Open burning of the types, and subject to the conditions, as hereinafter stated, shall be exempt from the prohibition of Section II of this ordinance: A. Recreational fires. B. Fires under managed supervision, for which a written burning permit has first been obtained from the Village Fire Marshall, his deputy, and, where required by State Law, from the Pollution Control Agency, but limited to the following: (1) Fires purposely set for the instruction and training of public and industrial fire fighting personnel. (2) Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means. (3) Fires purposely set for forest and game management purposes. (4) The burning of trees, brush, grass and other vegetable matter in the clearing of land, the maintenance of street, road and highway right-of-way, and in accepted agricultural land management practices. C. Exemption to conduct fires under this Section does not excuse a person from the consequences, damages or injuries which may result therefrom nor does it exempt any person from regulations promul- gated by the Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. -2- SECTION IV. AREA OF ENFORCEMENT. This ordinance shall be and is in full force and effect in the following areas of the Village of Lino Lakes: 1) The West z of Section 4, R. 22W., T. 31 N. 2) The East z of Section 5, R. 22W., T. 31 N. 3) The East 1 of Section 8, R. 22W., T. 31 N. 4) The West z of Section 9, R. 22W., T. 31 N. 5) That part of Section 18, R. 22W., T. 31 N., South of Interstate Highway I-35W. 6) Section 19, R. 22W., T. 31 N. 7) That part of Section 30, R. 22W., T. 31 N., known as "Arthur E. Thom Acres" and those properties adjacent to State Highway 49 South of County Road 10 (Birch Street), excluding any part of the Village of Circle Pines. 8) All of Section 31, R. 22W., T. 31 N., excluding those properties directly adjacent to Ware Road. SECTION V. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. SECTION VI. PENALTY. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not to exceed three hundred dollars ($300.00), or by imprison- ment in the County Jail for not more than ninety (90) days, or both. -3- SECTION VII.,EFFECTIVE DATE. This ordinance shall be effective upon adoption and publication as provided by law. Passed this 26th day of June, 1972, by the Village Council of the Village of Lino Lakes, Anoka County, Minnesota. ATTEST: Ji(ne L. Emerton Village Clerk -Treasurer (Village Seal) BABCOCK. LOCHER. NEILSON & MANNELLA ATTORNEYS AT LAW 11B EAST MAIN STREET ANOKA. MINNESOTA 55303 EDMUND P. BABCOCK LANDOL J. LOCHER JAMES M. NEILSON FELIX A. MANNELLA JOHN R. SPEAKMAN RICHARD BEENS ROBERT M. A. JOHNSON ROBERT F. MANNELLA JOHN M. BURKE July 7, 1972 June L. Emerton Village Clerk -Treasurer 1189 Main Street Lino Lakes, Mn. 55014 Re: Ordinance No. 59 TEL. 421-5151 AREA CODE 612 I enclose, herewith, a copy of my letter to Tom Wilde of the Minnesota Pollution Control Agency, of today. Yours very truly, Landol - Locher do Enc. f=?' ,3 "ft <40 \.t.tsk*.3.‘P %fOfEt%tip BABCOCK. LOCIIER. NEILSON & MANNELLA ATTORNEYS AT LAW IIS NAST MAIN BTHEET ANOKA. MINNESOTA 55303 EDMUND Y. BABCOCK LANDOL J. LOCH ER JAMES M. NEILSON FELIX A. MANNELLA JOHN R. SPEAKMAN RICHARD BEENS ROBERT M. A. JOHNSON ROBERT F. MANNELLA JOHN M. BURKE July 7, 1972 Minnesota Pollution Control Agency 717 Delaware Street S.E. Minneapolis, Minnesota 55440 Attention: Tom Wilde TEL. 421-5151 AREA CODE 012 Re: Village of Lino Lakes Ordinance regulating open burning - Ordinance No. 59 I enclose, herewith, a PRINTER'S AFFIDAVIT OF PUBLICATION, of the above, which I am sending to you, per our conversation of today. Please file the same in your files. After discussing the matter with you, of the request of, I believe, a church, to burn, as the officials feel they have an adequate incinerator, I have contacted the Mayor and he is going to advise the officials to get in contact with your office. There may be others who feel that their incinerators are adequate, and when we do receive requests, we will direct them to your offices. I want to thank you and the other members of your office staff for your assistance in promulgating the Ordinance No. 59. Yours very truly, Landol J. Locher do Enc. cc: June L. Emerton and - Industrial fire of A tire _I } by 'any °hitr practicable .P fat veyetab mi nteti not excuse a person from R er 'illif✓�"�s Mbtch may r exdenpt any parson froim $ Minnesota PQltut ht �rpjtiibtaI V. AREA !F 1$ftl�CltfrllilN lbeand is, nfuitiorce ereesof the t 4�01�Secffon:4.Fr. :T.31 N. ii tihbf•R ,V 3fN. 41.TtletANst'b4pA5 tkin.4T.31N. 317, T. 31.N., South" At 1Ction31,R. .fi:3fiN,extluQhl grtIesil ectly �fexam 1Q�Nare Refld EVERABICITV. ` subsection, sentence, clause dr :e i3 for any reason meld kl Rd shaIt net affect the: vatidity Sons of the Ordinance. LT*. fling lheprovipientefthisd misdemeanor, and Upon on On d fine of apt to exc ), nriraan than ninety SECTION if: EFFECTIVE DATE. This ordinance shall beYeffective upon adoption add pubik:afion as provided by .18w., day, Qt June. 1912.- by the Village geAi Lino Lakes, Anoka ATTES -s• WILL IA i. BOHJANEN William I bMay r s- JUNE L. EliiiBRTON 9g tterk;'I`Itx'stirer- PRINTER'S AFFIDAVIT OF PUBLICATION (Chapter 474, Effective May 20, 1965) Coded as MS 331.02 STATE OF MINNESOTA ) County of Anoka ) ss F. G. Clasen Alli6i<iMXIMICS, being duly sworn, on oath says he is and during all the times herein stated has been the editor ViNefigiCIMP99REC of the news- paper known as Blaine Life and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Blaine in the County of Anoka and it has its known office of issue in the City of Anoka in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by Arch G. Pease or persons in his employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by Arch G. Pease and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Ordinance No. 59 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks; that it was first so published on Friday the 30th day of Junk 192. and was thereafter printed and published on every Friday to and including the day of 19.... and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the compo- sition and publication of said notice, to wit: a bcdefgh i j kl mnopgrstuvwxyz abcdef ghi jklmnopgrstuvwxyz Subscribed and sworn to before me this 3h day of June 197.22. (Notarial Seal) GRACE M. FREDRICKSON Notary Public, Anoka County, Minn. My Commission Expires Mar. 4, 1977, AGENCY MEMBERS HOWARD A. ANDERSEN, M.D., CHAIRMAN, ROCHESTER F. WAYNE PACKARD, VICE CHAIRMAN, MINNEAPOLIS MILTON J. FELLOWS, WORTHINGTON , M ROLD FIELD, JR. MINNEAPOLIS EVE J. GAOLER, P.E. ST. PAUL MACE V. HARRIS, CLOQUET HOMER C. LUICK, MINNEAPOLIS DALE W. OLSEN, PH.D. DULUTH ROBERT C. TUVESON, ALBERT LEA Dear Sir: STATE OF MINNESOTA POLLUTION CONTROL AGENCY 717 DELAWARE STREET S.E. (OAK AND DELAWARE STREETS S.B.) MINNEAPOLIS 55440 612 - 378.1320 GRANT J. MERRITT EXECUTIVE DIRECTOR October 1, 1971. The recently amended Pollution Control Agency Regulation APC-8, Open Burning Restrictions, may apply to citizens of your township. The regulation is enclosed for your information. I would like to point out some particular sections. APC-8(a)(1) requires all communities to adopt an open burning ban on refuse originating from dwellings. The ban must be adopted by the 7th of July, 1972. APC-8(a)(2) and APC 8(a)(3) outlines different requiremi,ts depending upon whether your total township population is less than 2,500 - or, more than 2,500. Open burning is now permitted only in sparsely populated areas larger than two square miles and having fewer than 100 homes per square mile. Specified exemptions are permitted with the approval of local, county, state and/or United State Forest Service fire authorities. When you adopt your regulation on open burning, you may want to fol- low the outline of APC-8. In any case, your regulation cannot be less stringent than the Minnesota Pollution Control Agency's Regula- tion because, in any case, your township would have to obey the stricter state regulation. If you have any questions concerning the amendments to this regula- tion, please contact us. EMW:TW/rmg Enclosure - APC-8. Yours very truly, WARD 'i. WIIK, P. E . Director Division of Air Quality /"N RULES AND REGULATIONS APC 8 CHAPTER EIGHT: APC 8 APC 8 Open Burning Restrictions (a) Refuse burning restrictions (1) No person shall dispose of refuse by open burning, or cause, suffer, allow or permit open burning of refuse. In areas where no refuse collection service is available on the effective date of this regulation, as amended, open burning on residential premises, of refuse originating from dwelling units on premises shall not be in violation of this section until such refuse collection service becomes available, but no later than three years from the effective date of this regulation, or at some earlier time as hereinafter provided. (2) Except as hereafter provided in this paragraph, where any township, without regard to location, has a total population of less than 2,500 persons according to the most recent official state or federal census, finding of the Municipal Commission or estimate of the Metropolitan Council, persons dwelling within said township may dispose of refuse originating from dwell- ing units on residential premises within said township by open burning on said residential premises. However, persons dwelling within those portions of such townships having a population density in excess of 100 occupied dwelling units per square mile, as determined by the Director or by the township government with approval of the Director, shall be required to comply with all provisions of this regulation, including but not limited to subsections (a)(1) and (4). A dwelling shall be occupied for the purposes of this regulation if it is occupied as either a seasonal or a permanent dwelling. Refuse originating from dwelling units shall include, for the purposes of this subsection, household rubbish, leaves and other natural matter, not in- cluding garbage and other putrescible solid wastes, which emanate from a dwelling unit. Refuse from agricultural operations shall not be disposed of by open burning under this regulation, except as provided in subsection (d)(5). (3) Without regard to location, where any township, having a popula- tion in excess of 2,500 persons according to the most recent official state or federal census, finding of the Municipal Commission or estimate of the Metropolitan Council or any city, village, or borough, without respect to the total population of said city, village, or borough, has a population density of less than 100 occupied dwelling units per square mile in a portion of said city, village, borough or township, as determined by the municipal government with approval of the Director, persons dwelling within said por- tion may dispose of refuse originating from dwelling units on residential premises by open burning on said residential premises upon application by said city, village, borough or township and with the approval of the Director. Said portions must be in excess of 2 square miles of contiguous area. A dwelling shall be occupied for the purposes of this regulation if it is occupied as either a seasonal or a permanent dwelling. Refuse originating from dwelling units shall include, for the purposes of this subsection, household rubbish, leaves and other natural matter, not in- cluding garbage and other putrescible solid wastes, which emanate from a dwelling unit. Refuse from agricultural operations shall not be disposed of by open burning under this regulation, except as provided in subsection (d)(5). (4) Within 3 months of the effective date of this regulation as amended, it shall be the duty of each of the following units of local govern- 1 APC 8 MINNESOTA POLLUTION CONTROL AGENCY ment to determine whether adequate refuse collection service is available within its jurisdiction or part thereof, and to report said determination to the Agency. (aa) All cities, villages, boroughs and townships in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington counties having popula- tions in excess of 5,000 persons according to the most recent official state or federal census, finding of the Municipal Commission, or estimate of the Metropolitan Council. (bb) All cities, villages, boroughs and townships in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington Counties having popula- tions of less than 5,000 persons, as defined in subsection (aa), which are contiguous to cities, villages, boroughs, or townships having populations in excess of 5,000 persons as defined in subsection (aa). (cc) All cities, villages, boroughs, and townships in counties other than those specified in subsection (aa) having populations in excess of 10,000 persons, according to the most recent official state or federal census, or findings of the Municipal Commission. (dd) All cities, villages, boroughs, and townships in counties other than those specified in subsection (aa) having populations of less than 10,000 persons as defined in subsection (cc) above, which are contiguous to cities, villages, boroughs, or townships having populations in excess of 10,000 persons as defined in subsection (cc) above. (i) Upon a determination that an adequate refuse collection service is available in a local governmental unit or portion thereof, open burning will thereafter be prohibited in the area in which service is so available. Where a determination is made that an adequate refuse collection service is not available, it shall be the duty of each governmental unit, within six months of such determination, to provide an adequate refuse collection service. A refuse collection service shall be considered adequate if it meets the requirements of Minnesota Pollution Control Agency Regulation SW 3 and all other applicable standards and regulations of the Agency. (ii) Determinations as to the availability or non -availability of refuse collection services, as required in this regulation, shall be reported in writing to the Agency within ten days after said determinations are made. Said re- ports shall describe the number, kinds, and ownership of refuse collection equipment available at the time of said determination, the incidence and nature of refuse collection service available at said time, and such other information as the Agency staff shall request. In the case of a governmental unit which originally determines that refuse collection service is not available, upon said governmental unit thereafter providing such refuse collection, as required in subsection (i) above, said governmental units shall report said provisions of service to the Agency within ten days after said provisions of service. Said report shall describe the number, kinds, and ownership of refuse collection equipment serving as the basis of the refuse collection service so provided, the incidence and nature of service so provided, and such other information as the Agency staff shall request. Where a local governmental unit has reported information to the Agency relating to the availability or provision of services as aforesaid, the Agency shall inform the local governmental unit submitting such information of the 2 r"t RULES AND REGULATIONS APC 8 sufficiency or insufficiency of said information within thirty days of the receipt by the Agency staff of said information. (iii) All determinations made under these regulations are subject to Agency review. (iv) Failure to comply with the foregoing provisions shall subject a governmental unit and its officials to all applicable administrative and judicial sanctions available to the Agency, including the provisions of M.S. 1967, Section 116.08, Subd. 1. (b) Prohibitions of Salvage Operations by Open Burning (1) No person shall conduct, cause or permit the conduct of a salvage operation by open burning. (2) A salvage operation shall not constitute an installation within the meaning of APC 3. (c) Restriction on Open Burning of Tree Leaves The open burning of leaves is prohibited effective two months after refuse collection service or a general solid waste management system is available. Until such time, burning of leaves is permitted only in containers meeting fire safety standards. (d) Exceptions. Exceptions herefrom may be allowed upon application and approval by the Director where accompanied by the recommendation of the local fire marshal or other responsible local official having jurisdiction thereof. Such burning shall not be permitted, however, if contrary to other applicable laws, ordinances and regulations. Exemption to conduct open burning under the provisions of this regulation does not excuse a person from the consequences, damages, or injuries which may result therefrom. In areas in which open burning is permitted pursuant to this regulation, persons seeking a permit to conduct open burning under paragraph (d), sub- sections (2), (3) and (5), may obtain such a permit from a regular forest officer or a town fire warden pursuant to Minnesota Statutes, Sections 88.17 and 88.18, or a person designated by the County Board of Commissioners. The Director shall be notified of the name and address of such designated person before he may perform such duties. Such notification shall be effec- tive for one year from the date of receipt by the Agency. Failure to comply with the provisions of paragraph (d), subsection (5) of this regulation will constitute a violation of these regulations and render the person subject to the legal remedies of the Agency, including but not limited to the termina- tion of the right of said person to conduct open burning pursuant to para- graph (d), subsections (2), (3) and (5). The following are exceptions for which application may be made: (1) Fires purposely set for the instruction and training of public and industrial fire -fighting personnel. (2) Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means. (3) Fires purposely set for forest or game management in accordance with practices recommended by the Minnesota Department of Conservation, the Minnesota Department of Agriculture and the United States Forest Service. (4) The burning of hydrocarbons which must be wasted through the use of atmospheric flares. 3 APC 8 MINNESOTA POLLUTION CONTROL AGENCY (5) The burning of trees, brush, grass and other vegetable matter in the clearing of land, right of way maintenance operations and agricultural crop burning is permitted under the following conditions: (aa) The prevailing winds at the time of burning must be away from any municipality. (bb) The location of burning must not be within 1,000 feet of an occupied residence other than those located on the property on which the burning is conducted. (cc) Oils, rubber or other similar materials which produce unreason- able amounts of air contaminants may not be burned. (dd) The burning must not be conducted within 1,000 feet of any highway or public road and, in any event, must be controlled so that a traffic hazard is not created. (ee) The burning must not be conducted within one mile of any military, commercial, county, municipal, or private airport or landing strip. (ff) An exception to the prohibition and conditions of paragraph (d) subsection (5) of this regulation may be granted by the Agency or its desig- nated agent. (6) Open fires for ground thawing for underground utility repair and construction are allowed under the following conditions: (aa) Fires must be started with materials which do not generate appreciable smoke. (bb) Fuel used must be coke of less than one percent sulfur content when the thawing site is within 500 feet of dwelling or occupied buildings. Coke of higher sulfur content may be used in remote areas except under conditions where an air pollution alert has been declared under provisions of Regulation APC 15. (cc) The ambient air quality for sulfur dioxide and carbon monoxide must not be exceeded downwind of the thawing site. (dd) Wherever possible, including but not limited to spot repairs, propane gas thawing torches or other devices causing minimal pollution shall be used. (e) This regulation shall not be construed to allow open burning in those areas in which open burning is prohibited by other laws, regulations or ordi- nances. [July 7, 1969; amended June 5, 1970; amended September 14, 1971] 4 �� ieee e � 4epto =a%e4 Lino Laces, Minnesota 55014 May 3, 1971 From the office of: Clerk -Treasurer Mr. Grant J. Merritt Executive Director Minnesota Polution Control Agency 717 Delaware Street S.E. Minneapolis, Minnesota 55440 Dear Mr. Merritt: The Lino Lakes Village Assessor has checked her records and the 1967 U.S.G.S maps showing Lino Lakes and has determined that only one of thirty- four sections of the Village would qualify for the prohibition of open burning. Because of the great amount of open area and be- cause the adoption of APC 8 would create unnecessary work and expense for the Village, the Village of Lino Lakes hereby requests that the Minnesota Polution Control Agency grant Lino Lakes an exten- sion of time for the adoption of APC 8 until January 1, 1972, by which time we will have updated our maps deteimining the building count per•section. Thank you for your consideration. For the Village of Lino Lakes, (Mrs.) June L. Emerton Clerk -Treasurer cc: Landol J. Locher, Atty. Ralph M. L'Allier, Mayor Building Count per Section Lino Lakes Village April 26, 1971 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 Section 17 Section 18 Section 19 Section 20 Section 21 Section 22 Section 23 Section 24 Section 25 Section 26 Section 27 Section 29 Section 30 Section 31 Section 32 Section 33 Section 34 Section 35 Section 36 12 5 18 48 24 10 8 90 36 8 8 8 5 4 6 1 27 13 177 6 10 4 Centerville 8 11 8 10 13 12 40 plus Trailer Court 16 7 14 11 20 AGENCY ,E ,.:rs HO\`J,Alzeb A. AtiOLI'N- ;_N, M.D.. CHAIRMAN, ROCHESTI-R F. WAYNE PACNIARD, VICE CHAIRMAN, MINNEAPOLIS JOHN R. 3ORCHERT, GOLDEN `:ALLEY MILTON J. FELLOWS. WORTHINGTON :VE J. GAOLER, P.E., ST. PAUL MACE V. HARRIS, CLOQUET. HOhfC. LWCK. NNCA?OLIS MRS. R. C. (DOROTHY) NELSON. DULL H ROSCNT C. TUVESON. ALoERT LEA PO :U : )£ : CONTROL.AGENCY' I . % Jr--LASiVA lI_ STREETS.E. (OAK AND DEL4WARE STREDY3 S.G.) MINN'Z.APOL.S 5:440 C 12 - Mr. Landol J. Locher, Attorney at Law, Township of Ham Lake, 118 - East Mai_. Street, Anoka, Minnesota. 55303. Dear Mr. Locher: Grant J. Merritt EXECUTIVE DIRECTOR April 9th, 1971. In reference to your letter, and variance request attached thereto, dated March 19, 1971, I wound like to inform you about the Minnesota Pollution Control Agency Director's decision. The information submitted by the Township of Ham Lake was studied and investigated by the Agency ::raft. On the basis of these studies and investigations, and in accordance with the Amendment to APC 8, which was proposed at the December, 1970, Agency Board Meeting, and subsequent granting of variance approval power to the Director, and until such time that the proposed Amendment becomes an inherent por tion of the Regulation, the following variance will be allowed: "The Township of Ham Lake shall be exempted from the require- ments of Air Pollution Control Regulation APC 3 pertaining to o',Den burning of residential wastes under the conditions of that proposed amendment known as ABC 8(a)(4)., except in. the following areas: 1. Hiawatha Beach, Anoka County, Minnesota. 2. Comfort Resort Addition. 3. Cliff's Addition. 4. Idlewood Additions. 5. Osborne Terrace. 6. North Shore. 7. Sunset Shore, Anoka County, Minnesota. 8. South Shore, Anoka County, Minnesota. 9. Marshall Manor. 10. Rasmusson Additions Larson Addition. 12. Netta Shores Additions. 13. The S-1/2•of the S:-1/4 of Section 1. 1 _ . The SW- /4 - of the SE-1/4 of Section- 4. 15. The West 1/2 of Section 4. 16. All of Section 5. 17. The NW-1/4 of Section 8. Mr. Landol J. Locher, Township of Ham Lake. 18 The N-1/2 of the ST, 1/-_ of :. Secton 8. 9 r Nw-1/ 4 of the .E-1/ . of• Section 9 .• 20 The S-1/2 or the <E-1/ of Section 10. 21. The N-1/2 of the SE 1/4. of Section 10. 22. The SW-1/4 of the SE-1/4•of. Section 10. 23. That :)ortio n of the N-1/2 -of. the SW-1/4 ivin = ther iy of Ham Lake . 24. The S--12 of the N., 1/4 of Section 20. 25. The NE-1/4 of the S'd;' 1/4•of .Section 20. 2n6 f'li-, r, A �.{�-1 14 t NW- .( S . �... �. � ...� .. `1 .r.:e'�.� .L/i o1. veC 41On 21. _; 1/2 of the NW-1/4 of Section. 28.• 28. The SE-1/4 of Section 29. • • 29. The NE-1/4 of Section 30. 30. All of Section 31 37. All of Section 32. •32 . All of.Section 33 33. All of Section 34. 34. A strip. of land along State Trunk highway No. 65 lying between two parallel lines each made parallel to the •centerline of State Trunk Highway No. 65 or Central Avenue. NE, the easterly line thewesterly right -of -way -line of said State Trunk High . ,T No. 65 or Central Avenue NE and the westerly line being a line parallel with the westerly. right-of-way Imes of cadState _rur:k Highway _, No. 65 or Central Avenue NE and i c a distance of 600 feet west:.af said westerly right-of-way. lines. 35. A strip of land along :.e n { •' ighway No.. 65 lying between two parallel each 'being ,oaraliel to the centerline of State Highway No..65, the westerly line being the easterly ri ht f-way li .e of said State Trunk Highway No. 65 and the per ly lire e �er:g parallel r^rth sald easterly right-of-w line and at a distan ce`•of 600 feet east.oy said easterly rig'' f- v•1 36. The .strip of land lying between State Tru.... �Aighway No. 65 and•Central Avenue NE within Section 17 and Section 20 37. lands zoned for or used for. 'commercial purposes . •38 , _Such. other areas of tie Township •as the Town Board of the Township of Tram Lake shall determine by resolution, which -resolution shall be du. 7 .7ested at the Township Hall. • "Proposed Amendment APO 2(a; , : reby becomes an inherent portion of this variance and a copy is attached hereto." This variance is issued contingent upon. proposed Amendment APC. 8.(a)(4) becoming a regulation. •The approval or. denial of said proposed amend- ment shall determine the time during which. the variance is effective. of Section 16 Mr. Landol J. Locher, Township of Ham Lake. April 9th, 1971. Page. #3. This Agency shall reserve the right to revoke this variance if a justifiable cause can be shown. GJM:EMW:LS/rmg Att. (1) - Proposed Amendment to APC 8 (a) -(4) . Your very truly,' 1 GRANT J. rfERRITT Executivirector T):R0,--)0SED AMENDMENT APC 8 -- Onen Burring Restrictions. (a) Refuse :burning restrictions (2) Except as hereafter provided in this paragraph, where any township, without regard to location, has a total population of less than 2,500 persons according to the most recent official state or foderai census, finding of the municipal commission or estimate of the Metropolitan Council, except-in-t :ese area• s-of-Suek-•townships hava.n.-a-pepalatiop.-in-excess-e-_00-eeeuped-dwel ng-'t nits -pees S ual,:e mile7-are-ea.Lei`tp e J-Freya-t e- 3revisiens-Gf-thas-.::ecjc:lat_en7 persons dwelling within said township may dispose of refuse origina- ting from dwelling units on residential premises within said. township by open burning on said residential premises. However, persons dwel- ling within those portions of such townships having a population density in excess of Z00 occupied dwelling units per square mile shall be required to comply with all provisions of this regulation, including, but not limited to (a)(Z) and (a)(3). A dwelling shd11 be occupied for the purposes of this regulation if it is occupied as either a seasonal or a permanent dwelling. This paragraph shall not be construed to allow.opcn burning in those areas in which such open burning is prohibited by other Zaws, regulations or ordinances. (a) Reuse burning restrictions (4) Without regard to location, where any township, having a population inexcess of 2,500 persons according to the most recent official state or federal census, finding of the municipal commission or estimate of the Metropolitan borough, without respect to the Council or any city, village, or total population of, said city; village or borough, has a population density of less than Z00' occupied dwcl- Proposed Aradndracm to APC 8 (a) (!) -and- (a) (4) Page =r Zing units per square mile in a portion of said city, village, borough or township, persons dwelling within refuse originating from dwelling uni said portion may dispose o s on residential promises by open burning on said residential premises upon application by said city, village; borough or township and approval of the Director. Said por- tions must bain excess of two, square miles in area. A dwelling shall be occupied for the purposes of this regulation if it is occupied as a seasonal or a permanent dwelling. Refuse originating from dwelling units shaZZ include, for the pur poses of this regulation, garbage:, household rubbish, leaves and other matter emanating from the dwelling unit. Refuse from agricultural operations shall not be disposed of by open burning under this regu- lation. EMW:TK:LS/rmg DAQ, MPCA - 3/1971. AGENCY MEM :ERS HOWARD M.D.. CHAIRMAN, ROCHESTR F. WAYNE PACXARM VICE CHAIRMAN, MI N NEArOLIS JOHN R. HCRCHERT, GOLDEN VALLEY MILTON J. FELLOWS. WORTHINGTON J. GAOLER, P. ST. PAUL MACE V. HARIS, CLOQUET HOMER C. LU:CK, M INNEAPOLIG MRS. R. C. (DOROTHY) NELSON. DUPUTH RO3ER, C. TUVESON. AL:CRT LEA s► ,... i„ ir r Y 7 r+C - R... .' ::.DSO c a 3 PG.d.L J` ON CONTROL. NCY / 3 7 DZLAWAR Z (OAK AND DELAWARE STREETS S.E.) M:NN?APOL:s 55 40 Mr. Landol J. Locher, Attorney at Law, Township of Ham Lake, 118 East Main Street, Anoka, Minnesota. 55303. Dear Mr. Locher: Grant J. Merritt J%v: ;x `hecxx }`F=. . EXECUTIVE DIRECTOR April •9th, 1971. In reference to your letter, and variance request attached thereto, dated March 19, 1971, I would like to inform you about the Minnesota Pollution Control Agency Director's decision. The information submitted by the Township of Ham Lake was studied and investigated by the Agency i:ai.1.. On the basis of these studies and investigations, and in accordance with the Amendment to APC 8, which was proposed at the December, 1970, Agency Board Meeting, and subsequent granting of variance approval power to the Director, and until such time that the proposed Amendment becomes an inherent por- tion of the Regulation, the following variance will be allowed: "The Township of Ham Lake shall be exempted from the require- ments of Air Polw ;pion Control Regulation APC' 3 pertaining to open burning of residential wastes under the conditions of that proposed amendment known as APC 8(a)'(4)., except in the following areas: 1. Hiawatha Beach, Anoka County, Minnesota. 2. Comfort Resort Addition.. 3. Cliff's Addition. Lion. 4. Id1ewood Additions 5. Osborne Terrace. 6. north Shore. 7. Sunset Shore, Anoka County, Minnesota, 8. South Shore, Anoka County, Minnesota, 9. Marshall __an or . 10. Rasmmusson Additions. . Larson Addition. 12. Netta Shores Additions. 13. The S-1/2 of the S1-1/4 of Section 1. The SW-:./4 • of the SE-1/4 of Section 4. 15. The West 1/2 of Section 4. 16. Ali of Section 5. 17. The NW-1/4 of Section 8. Mr. Landol J. Locher, Township of Ham Lake. 18. The. N-1/2 of the SW-1/ Section 8. •19 The NW-1/4 of the _.. /4 of• Section 20. The 5-1/2 of the -1/ of Section 10. ')I; The N-1/2 of the SE-1/4 of•Sec t ion 10, 22. The SIN-1/4 of the SE-1/4 of•Sectio n 10. 23..That portion of the N-1/2 of the SW-1/4 y nc: ...yrtherly of Ham Lake. 24. The S-.,_/ 2 of the NW-1/4 of Section 20. 25 . The NE-1/4 of the Ss;-1/4 of Section 20. 2v Th..- NW-1/4 of the NW-1/4 o.i•Section 21. 27. Tho N-1/2 of the NW-1/4 ei Section. 28.• •28. The SE-1/4• of Section 29.• The^ 29 . NE-1/4 of Section 0 3. 30. All of Section 31. •31. All of..Section 32 32. All of Section 33 33. Ail of•Section 34. 34. A strip of land along Sty_ e. Trunk Highway No. 65 lying• between two parallel lines each made parallel to the centerline of State Trunk•Highway No. 65 or Central Avenue NE, the easterly line bar:: the westerly right-of-way line • _ of said Stage Trunk Hi ,.av No.65 or Central Avenue NE and the westerly line being a line parallel with the westerly right-of-way lines of said State Trunk Highway No . 65 or Central Avenue N- and being• a•distance of 600 feet .west of said westerly right-of-way lines. • 35. A strip of land along _e Trunk Highway No 65 .lying between two parallel •each bOi ng parallel to the centerline of State Highway No. 65, the. :westerwesterly line being the easterly right-of-way l _ e of said State Trunk Highway No. 65 and the t. ,:erly line being parallel with said easterly right -of--•,'; s.:..ne ana• at a distance Of 600 feet east of said. easier _`T right -Of -way line. 36. strip of land: The lying.between State TrunkHighway No 65 and Central Avenue NE within Section 17 and Section 20 . 37. All lands zoned for or used for com m rcial purposes . •38. Such other areas of the _owisiip as the Town Board of the e Township of Ham ;, Lake shall. determine by resolution, which resolution shall be dul )sted at the Township ball. Of Section 16 "Proposed Amendment APC 2 ' _ e -,s r ,�. -.: �.��.;�y �,ecom.es G�. inherent portion of this variance and a copy is attached hereto." This variance is issued contingent upon proposed Amendment APC 8(a) (4) becoming a regulation. The approval or denial of said proposed amend- ment shall determine .the time during which the. variance is effective. Mr. Landol J. Locher, Township of Ham Lake. April 9th, 1971. Page #3. This Agency shall reserve the right to revoke this variance if a justifiable cause can be shown. Your very truly, GRANT J. M RRITT Executiv/Director GJM:EMW:LS/rmg Att. (1) - Proposed Amendment to APC 8 (a) -(4) . P;O=OSED A tiEN, ,r, L i1'1 iJ1 ,�,L. ��. � APC 8 - Open Burning Pest 7-i c ions . (a) Refuse " burning res tictions (2) Except as hereafter provided in this paragraph, where any township, without regard to location, has a total population of less than 2,500 persons according to the most recent official state or federal census, finding of the municipal commission or estimate of the Metropo' i- =in Coucil, e ceep ,-_a-truse-a:zeas-ef-such-••tewRs Bps hav e g-a-pepul atien-in-exce ss-of-100-© ieft'- milli eCup' ewt .r-ig-uni.S-pBi sfua e.—i•2.ila7-care-e :e mpted-trees-i-..h e-pr evisiens-E=-this-weg lattiea7 persons dwelling within said township may dispose of refuse origina- ting from dwelling units on residential premises within said. township by open burning on said residential premises. However, persons dwel- ling within those portions of such townships having a population density in excess of Z00 occupied dwelling units per square mile shall be required to comply ;with all provisions of this regulation, including, but not limited to (a) (Z) and (a)(3). A dwolling shall he occupied for the purposes of this regulation if it is occupied as either a seasonal or a permanent dwelling. This paragraph shall not be construed to allow open burning in those areas in which such open burning is prohibited by other laws, regulations or ordinances. (a) Refuse burning restrictions (4) Without regard to location, where any township, having a population inexcess of 2,500 persons according to the most recent official state or federal census, finding of the municipal commission or estima-.:o of the Metropolitan Council or any city, village, or borough, without respect to the total population of,said City, village or borough, has a population density of less than 100 occupied dwel- Proposed ArcJiradndiTc.2nt to T.PC 8 (a) (2) -and- (a) (4) Page #2. Zing units per squc e mile in a portion of said city, village, borough `.., or township; persons dwelling within said portion may dispose of -refuse originating from daoiling units on .residential premises by open burning on said residential premises upon application by said city, village_ borough or township and approval of the Director. 'Said por- tions must be in excess of two.square miles in area. A dwelling shall be occupied for the purposes of this regulation if it is occupied as a seasonal or a permanent dwelling. Refuse originating from dwelling units shall include, for the pur- poses of this regulation, garbage, household rubbish, leaves and other matter emanating from the dwelling unit. Refuse from agricultural operations shall not be disposed of by open burning under this regu- lation. EMW:TK:LS/rmg DAQ, MPCA - 3/1971. ANOKA COUNTY COMPREHENSIVE HEALTH DEPARTMENT COURTHOUSE ANOKA, MINNESOTA 55303 TELEPHONE 421 - 4760 HUMAN RESOURCES OFFICE PUBLIC HEALTH NURSING SERVICE ENVIRONMENTAL HEALTH DAYTIME ACTIVITY CENTER February 8, 1971 Mrs. June L. Emerton Clerk -Treasurer Village of Lino Lakes 7094 Lake Drive Circle Pines, MN 55014 Dear Mrs. Emerton: Enclosed are model ordinances as requested in your letter of February 3, 1971. Very truly yours, l�, Robert M. Hutchison Director, Environmental Health RMH/kr Enclosures 2 ANOKA COUNTY COMPREHENSIVE HEALTH DEPARTMENT COURTHOUSE ANOKA, MINNESOTA 55303 TELEPHONE 421 • 4760 HUMAN RESOURCES OFFICE PUBLIC HEALTH NURSING SERVICE ENVIRONMENTAL HEALTH 5 November 1970 Village of Lino Lakes c/o Mrs. June L. Emerton, Clerk 8061 Lake Drive Circle Pines, Minnesota 55014 Dear Mrs. Emerton: DAYTIME ACTIVITY CENTER Enclosed you will find copies of two ordinances which include pro- visions prohibiting open burning of refuse. One of these is a short form ordinance which relates to only the prohibition of open burning and sets a standard for refuse combustion devices. The other ordinance is a complete garbage and refuse or- dinance which has incorporated in to it the prohibition of open burning and sets a standard for refuse combustion devices. I hope that these may be of some help to you. If you have any questions concerning this matter, or if I may be of further service to you, please feel free to call on me. RMH/nh very truly Robert M. Hutchison Public Health Sanitarian