TOWN OF GRANT WASHINGTON COUNTY, MINNESOTA

AN ORDINANCE ADOPTING THE MINNESOTA RULES OF AIR POLLUTION, RULES
7005.0650 THROUGH 7005.0820, PERTAINING TO OPEN BURNING RESTRICTIONS
AND PERMITTING REOUIREMENTS IN GRANT TOWNSHIP.

The Board of Supervisors of the Town of Grant, Washington County,
Minnesota ordains as follows:

PART 1 - 7005.0700 DEFINITIONS

Subpart 1.  Scope.  As used in parts 7005.0700 to 7005.0820 the
followíng words shall have the meanings defined herein.

Subpart 2.  Approved waste burner.  "Approved waste burner" means an
incinerator or other burner constructed of fire resistant material
having a capacíty of not less than three bushels, a cover which is
closed when in use, and maximum openings in the top or sídes no
greater than one inch in diameter.

Subpart 3. Building material.  "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.

Subpart 4.  Diseased shade tree.  "Diseased shade tree" means any
tree infected by dutch elm dísease or oak wilt disease or any tree
constituting a hazard to a disease control program established by the
Department of Agriculture pursuant to Minnesota Statutes, Section
18.023.

Subpart 5.  Disposal facility "Disposal facility" means a facílity or
site permitted by the Mínnesota Pollution Control Agency for the
intermediate or final disposal of solid waste.

Subpart 6.  Garbage.  "Garbage" means discarded material resulting
from the handling, processing, storage, preparation, serving, and
consumption of food.

Suhpart 7 .  Metropolitan area.  "Metropolitan area" means the area
included within the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott and Washington.

Subpart 6.  Open burning.  "Open burning" means the burning of any
matter whereby the resultant combustion products are emítted directly
to the atmosphere without passing through an adequate stack, duct, or
chimney.

Suhpart 9.  Refuse collection service.  "Refuse collection service"
means a public or private operation engaged in solid waste collection
and transportation.

Subpart 10.  Rubbish.  "Rubbish" means nonputrescible solid waste,
such as paper, cardboard, yard clippings, and other natural matter
not including garbage.

Subpart il.  Wetland.  "Wetland" means natural marsh where water
stands near, at, or above the soil surface during a significant
portion of most years.

PART 2 - 7005.0710 OPEN BURNING RESTRICTION.

No person shall cause, allow, or permit open burning.

PART 3 - 7005.0720 EXEMPTIONS.

Subpart 1.  Unincorporated areas.  In unincorporated areas where no
refuse collection service is available, the open burning of rubbish
originating from síngle resídential premises may be conducted in
approved waste burners.

Subpart 2.  Cities without refuse collection service.  In any cíty
where no refuse collection service is available, the local unit of
government may apply to the director for permíssion to allow the open
burning of rubbish originating from single residential premises ín
approved waste burners.

Subpart 3.  Availability of refuse collection service.  Refuse
collection service shall be deemed available as delineated in the
county solid waste management plan, as adopted by the county and
approved by the Minnesota Pollution Control Agency.

PART 4 - 7005.0730 PROHIBITION OF SALVAGE OPERATIONS BY OPEN BURNING.

Subpart 1.  Restriction.  No person shall conduct, cause, or permit
salvage operations by open burning.

Subpart 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 devíce or equipment which has not
receíved an operating permit from the Minnesota Pollution Control
Agency.

PART 5 - 7005.0740 OPEN BURNING HY PERMIT.

Open burning may be conducted if an open burning permit ís obtaíned
pursuant to parts 7005.0700 to 7005.0820 and the open burning is
conducted in accordance with the requirements of parts 7005.0700 to
7005.0820 and the conditions of the permit.

PART 6 - 7005.0750 PERMIT APPLICLATIONS.

Subpart 1.  Application.  Applícation for open burníng permits may be
made in cases where fìres 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 whích 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.

Subpart 2.  Restrictions.  A burning permit shall be issued on a
prescribed form to the applicant if the burníng is for one of the
purposes set forth in subpart 1 and the applícant agrees that all
burning shall be conducted under the followíng 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 hìs authorized representative
shall be present for the duration of any fíre authorized by the
permit.

E.  Prior notice shall be given to the local department of natural
resources forest officer, local fire marshall, 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 wíthin 500 feet of dwellings or
occupied buíldings shall contain less than one percent sulfur.

(3) Ambíent 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.

G.  Open burning of materials pursuant to subpart 1, items E to J
shall be conducted in accordance with the following additional
restrictions:

(1) The location of the burning shall not be within 600 feet of an
occupied residence other thŽan those located on the property on which
the burning ís conducted.

(2) Oils, rubber, and other similar smoke producing materials shall
not be burned or used as starting materials.

(3) The burníng shall not be conducted within one mile of any airport
or landing strip,

H.  Open burning of materíals pursuant to subpart 1, item 1 shall
also only be conducted under controlled burníng methods approved by
the director.

I.  The burning is conducted under such other reasonable conditions
as the permít issuing authority may impose.

PART 7 - 7005.0760 PERIMIT ISSUERS.

In addition to the Mínnesota Pollution Control Agency, the following
persons are authorized to accept applícations and issue open burning
permits:

A.  A department of natural resources forest officer for locations
within his jurisdiction;

B.  A local department of natural resources fire warden for locations
within his jurisdicition;

C.  Upon approval of the Minnesota Pollution Control Agency, a local
pollution control agency for locations within its jurisdiction;

D.  A person(s) designated by the County Board of Commissioners and
approved by the Director for locations within the County but outside
the corporate limits of cities within the County;

E.  Upon the approval of the Director, either a fire chief or a
person designated by a Township or City for locations within the
jiurisdiction of said governmental unit; and

F.  A regional director of the agency or an employee of the agency
authorized by the Director, who may in their discretion refer the
applicant to a local permit issuing authority.

PART B - 7005.0770 PERMIT DENIAL.

Any permit application submitted pursuant to parts 7005.0700 to
7005.0b20 shall be deníed if:

A.  a reasonable, practical alternative method of disposal of the
material is available; or

B.  a nuisance condition would result from the burning.

PART 9 - 7005.0790 PERMIT REVOCATION.

Any permit is subject to revocation at the discretíon of the
Director, a department of natural resources forest officer, the local
fire marshall or fire chief, or the permit issuer, if:

A.  a reasonable practical method of disposal of the material is
found;

B.  a fire hazard exists or develops during the course of the
burning; or

C.  any of the conditíons of the permit are violated.

PART 10 - 7005.0790 LIABILITY.

Exemption to conduct open burning or the granting of an open burning
permit under any provisions of parts 1005.0700 to 7005.0620 does not
excuse a person from the consequences, damages, or injuríes which may
result therefrom.

PART 11 - 7005.0800 CONFLICTING LAWS.

Nothing in parts 7005.0700 to 7005.0820 shall be construed to allow
open burning ín those areas ín which open burnín9 is prohibíted by
other laws, regulatíons, or ordinances.

PART 12 - 7005.0610 RECREATIONAL FIRES.

Fires set for recreational, ceremonial, food preparation, or social
purposes are permitted provided only wood, coal, or charcoal is
burned.

PART 13 - 7005.0620 DISEASED SHADE TREE OPEN BURNING SITES.

Subpart 1.  Open burning permitted.  Open burning of diseased shade
trees shall be permitted provided no reasonable alternate method of
disposal exists as determined by the Minnesota Pollution Control
Agency, a permit is obtained pursuant to parts 7005.0700 to
7005.0820, and the open burníng is conducted in accordance with the
requirements of parts 7005.0700 to 7005.0820 and the conditions of
the permit.

Subpart 2.  Síte location.  The site shall be located in accordance
wíth the following conditions or as approved by the Director of Air
Ouality:

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.

Subpart 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 for
nonconformíng 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.

Subpart 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.  Oualified personnel for general direction and operation of the
site shall be on duty at all times while the síte is open for use and
for the duration of any fire on the site.

C.  Hurning shall be conducted only when weather conditíons 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.

Subpart 5.  Site termination.  The site shall be terminated in
accordance with the following:

A.  All materíals extraneous to the site shall be removed and
disposed of in an appropriate manner.  hall be returned to a state
equal to its

PART 14.  Permit Fees - The Board of Supervisors of the Town of Grant
hereby authorizes the collectíon of reasonable permit fees by
resolution for activities under this ordinance.

PART 15.  Repealing Prevíous Ordinance - This ordinance effectively
repeals Ordinance Number 46 of Grant Township.

PART 16.  Penalty - Any person violating any provision of this
ordìnance shall upon conviction thereof be punished by a fine not
exceeding $700.00 and/or imprisonment not exceeding ninety (90) days.
Criminal and/or civil penaltíes brought by the agency may also be
enforced.

PART 17.  Effective Date - This ordinance shall take effect and be in
full force from and after its passage and publícation according to
law.

ADOPTED this 4th day of April, 1989 by the Town Board of Supervisors
of the Town of Grant.

Blaine Erickson, Chairman

ATTEST:

Sheila Davis, Clerk