The URL can be used to link to this page

Home My WebLink About0711 Ord (Burning Restrictions and Permitting Requirements)ORDINANCE NO. 711 AN ORDINANCE ADOPTING STILLWATER CITY CODE SECTION 23.01, SUBD. 8(a) AND DELETING SECTION 52.04 AN ORDINANCE CHANGING OPEN BURNING RESTRICTIONS AND PERMITTING REQUIREMENTS THE CITY COUNCIL OF THE CITY OF STILLWATER ORDAINS: (1) Section 52.04 of the City Code is hereby deleted and Sections 23.01, Subd. 8(a) through Subd. 8(h) are hereby added to the City Code and these new sections shall read as follows: "Subd. 8(a) OPEN BURNING - DEFINITIONS: (1) Scope. As used in Subd. 8(a) the following words shall have the meanings defined herein. (2) "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. (3) "Building material" means lumber, wood shakes, and _ other wood products, but shall not include composit shingles, tar paper, insulation, wall board, wiring, or other similar smoke producing materials. (4) "Diseased shade tree" means any tree infected by dutch elm disease or oak wilt disease or any tree constituting a hazard to a disease control program established by the Department of Agriculture pursuant to Minnesota Pollution Control Agency for the intermediate or final disposal of solid waste. (5) "Disposal facility" means a facility or site permitted by the Minnesota Pollution Control Agency for the intermediate or final disposal of solid waste. (6) "Garbage" means discarded material resulting from the handling, processing, storage, preparation, serving, and consumption of food. (7) "Open burning" means the burning of any matter whereby the resultant combustion products are emitted directly to the atmosphere without passing through an adequate stack, duct, or chimney. (8) "Refuse collection service" means a public or private operation engaged in solid waste collection and transporation. '- (9) "Rubbish" means nonputrescible solid waste, such as paper, cardboard, 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. Subd. 8(b) OPEN BURNING RESTRICTION. No person shall cause, allow, or permit open burning. Subd. 8(c) PROHIBITION OF SALVAGE OPERATIONS BY OPEN BURNING. (1) Restriction. No person shall conduct, cause, or permit salvage operations by open burning. (2) Permit required. No person shall possess, transport, or process motor vehicles or scrap metals which have been reduced by open burning or incineration in a device or equipment which has not received an operating permit from the Minnesota Pollution Control Agency. Subd. 8(d) OPEN BURNING BY PERMIT. - Open burning may be conducted if an open burning permit is obtained pursuant to this chapter and the open burning is conducted in accordance with the requirements of this chapter and the conditions of the permit. Subd. 8(e) 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: (a) bona fide instruction and training of fire fighting personnel and for the testing of fire extinguishing equipment; (b) elimination of fire or health hazards which cannot be abated by any other practicable means; (c) activities in accordance with accepted forest or game management; (d) ground thawing for utility repair and construction; (e) the disposal of trees, brush, grass, and other vegetative matter in the development of land and right-of-way maintenance. (f) the disposal of diseased shade trees; (g) the disposal of trees and brush in areas outside the metropolitan area; (h) activities in accordance with accepted agricultural practices; (i) the disposal of building material generated by construction; and (j) the disposal of building material generated by the demolition of noncommercial or noninstitutional 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 (1) and the applicant agrees that all burning shall be conducted under the following circumstances: (a) the prevailing wind at the time of the burning shall be away from nearby residences. (b) 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. (c) the burning may not be conducted during the duration of an air pollution alert, warning, or emergency. (d) the recipient of the permit or his authorized representative shall be present for the duration of any fire authorized by the permit. (e) prior notice shall be given to the local department of natural resources forest officer, local fire marshal, or local fire chief of the time and location of any fire authorized by the permit. (f) open burning for ground thawing shall be conducted in accordance with the following additional restrictions: (1) fuels and starting materials shall be of a kind which do not generate appreciable smoke. (2) coke used for ground thawing within 500 feet of dwellings or occupied buildings shall contain less than one percent sulfur. (3) 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. (4) propane gas thawing torches or other devices causing minimal pollution shall be used when practicable. Subd. 8(f) CONFLICTING LAWS. Nothing in this chapter shall be construed to allow open burning in those areas in which open burning is prohibited by other laws, regulations, or ordinances. Subd. S(g) RECREATIONAL FIRES. Fires set for recreational, ceremonial, food preparation, or social purposes are permitted provided only wood, coal, or charcoal is burned. Subd. 8(h) DISEASED SHADE TREE OPEN BURNING SITES. (1) Open burning permitted. Open burning of diseased shade trees shall be permitted provided no reasonable alternate method of disposal exists, a permit is obtained pursuant to this chapter and the open burning is conducted in accordance with the requirements of this chapter and the conditions of the permit. (2) Site location. The site shall be located in accordance with the following conditions or as approved by the director of air quality. (a) not less than 1,000 feet from an occupied building; (b) not less than 1,000 feet from a public roadway; (c) not less than one mile from an airport or landing strip; (d) not less than 300 feet from a stream; and - (e) not within wetland. (3) Site preparation. The site shall be prepared in accordance with the following: (a) access to the site shall be controlled by a gate which shall be locked when an attendant is not on duty. (b) approach roads to the disposal site and access roads on the site shall be maintained so that they shall be passable at all specified times. (c) a permanent sign identifying the operation indicating the hours and days the site is open for use, rates, the penalty £or nonconforming dumping, and other pertinent information shall be posted at the site entrance. (d) surface water drainage shall be diverted around and away from the operating area and ash storage areas. (4) Site operation. The site shall be operated in accordance with the following conditions: (a) only diseased shade trees and/or tree trimmings shall be disposed of on the site. (b) 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. (c) burning shall be conducted only when weather conditions are such that a nuisance, health, or safety hazard will not be created. (d) prior notice shall be given to the local fire authority of the time and duration of each fire. (e) adequate dust control shall be provided on the site and on the roads leading to the site. (f) ash residue shall be collected on a periodic basis and disposed of in an agency-permitted sanitary landfill. (5) Site termination. The site shall be terminated in accordance with the following: (a) All materials extraneous to the site shall be removed and disposed of in an appropriate manner. (b) the site shall be returned to a state equal to its surroundings." (2) In all other ways the Stillwater City Code shall remain in full force and effect. (3) This Ordinance shall be in full force and effect from and after its passage and publication according to law. - Enacted this 17th day of October , 1989. wally rahamson, Mayor Attest: Mary Lo Johnson, erk Publish.: October 24, 1989