MPCA Request from H. Strawn, Fire Marshall to B. Craig, Cty Mgr.MEMBER
STATE FIRE ASSOCIATION
UNITED FIRE FIGHTERS ASSOCIATION
0 VOLUNTEER FIREMEN'S BENEFIT
ASSOCIATION
NATIONAL FIRE
PROTECTION ASSOCIATION
MEMO
June 2, 1981
TO: Bill Craig, City Manager
FROM: Hugh Strawn, Fire Marshal
RE: MPCA„ request
hos
HOPHII1S FIRE DEPARTINEI1T
HOPKINS, MINNESOTA
As you are probably aware there was a show down between me and the
MPCA about who has authority to issue burning permits in the city.
They had not heard of the Uniform Fire Code.
Their response to our obviously strong case was to allow me to become
a certified MPCA permit issuer.
The attached letter explains the procedure. If you wish to introduce
the necessary action to the council, they would be appreciative.
MEETINGS FIRST AND THIRD THURSDAYS
OF EACH MONTH
TELEPHONE
935 -3321
SOO'
Mr. Hugh Strawn
Hopkins Fire Department
1010 First Street South
Hopkins, Minnesota 55343
Dear Mr. Strawn:
Minnesota Rule APC -8 entitled, "Open Burning makes provisions
for a person designated by the City and approved by the Executive
Director of the Minnesota Pollution Control Agency (MPCA) to
issue open burning permits in that City. Any permits issued
would be required to comply with the conditions established
in APC -8.
Enclosed is a copy of APC -8. Please refer to Section (f) (3)
(ee) and the procedure outlined if the City would wish to
designate a person to handle this responsibility.
The request should be made in writing. Enclosed with the
formal request should be a copy of the City Council minutes
indicating the motion passed to designate a person to be
approved by the Executive Director of the MPCA. Also, please
submit a copy of the City Ordinance adopting APC -8 and its
enforcement by the City.
If you have any questions, please contact me at 296 -7300.
Sincerely,
R.� and T. Bissonnette
Enforcement Section
Division of Air Quality
RTB:mcm
Enclosure
4 ;9 9 1 Minnesota Pollution Control Agency
May 14, 1981
Phone
1935 West County Road B2, Roseville, Minnesota 55113
Regional Offices Duluth /Brainerd /Detroit Lakes /Marshall /Rochester
Equal Opportunity Employer
AIR POLLUTION CONTROL RULES
CHAPTER EIGHT: APC 8
APC 8 Open Burning
(a) Definitions
As used in this regulation the following words shall have the meanings
defined herein.
(1) "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.
(2) "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.
(3) "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
Minn. Stat. 18.023.
(4) "Disposal facility" means a facility or site permitted by the Minne-
sota Pollution Control Agency for the intermediate or final disposal of solid
waste.
(5) "Garbage" means discarded material resulting from the handling,
processing, storage, preparation, serving and consumption of food.
(6) "Metropolitan Area" means the area included within the counties
of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
(7) "Open Burning" means the burning of any matter whereby the
resultant combustion products are emitted directly to the atmosphere with-
out passing through an adequate stack, duct, or chimney.
(8) "Refuse collection service" means a public or private operation
engaged in solid waste collection and transportation.
(9) "Rubbish" means nonputrescible solid waste, such as paper, card-
board, 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.
(b) Open Burning Restrictions
No person shall cause, suffer, allow or permit open burning.
(c) Exemptions
(1) In unincorporated areas where no refuse collection service is avail-
able, the open burning of rubbish originating from single residential
premises may be conducted in approved waste burners.
(2) In any city where no refuse collection service is available, the
local unit of government may apply to the Director for permission to
allow the open burning of rubbish originating from single residential
premises in approved waste burners.
(3) 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 Agency.
(d) Prohibition of Salvage Operations by Open Burning
(1) No person shall conduct, cause or permit salvage operations by
open burning.
(2) No person shall possess, transport or process motor vehicles or
scrap metals which have been reduced by open burning or incineration in
AIR POLLUTION CONTROL RULES APC 8
a device or equipment which has not received an Operating Permit from
this Agency.
(e) Open Burning by Permit
Open burning may be conducted if an open burning permit is obtained
pursuant to this regulation and the open burning is conducted in accordance
with the requirements of this regulation and the conditions of the permit.
(f) 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:
(aa) Bona fide instruction and training of fire fighting personnel
and for the testing of fire extinguishing equipment.
(bb) Elimination of fire or health hazards which cannot be abated
by any other practicable means.
(cc) Activities in accordance with accepted forest or game manage-
ment.
(dd) Ground thawing for utility repair and construction.
(ee) The disposal of trees, brush, grass and other vegetative matter
in the development of land and right -of -way maintenance.
(ff) The disposal of diseased shade trees.
(gg) The disposal of trees and brush in areas outside the Metro-
politan Area.
(hh) Activities in accordance with accepted agricultural practices.
(ii) The disposal of building material generated by construction.
(jj) The disposal of building material generated by the demolition
of non commercial or non institutional 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 subsection (f)(1) and the applicant agrees that all burning shall be con-
ducted under the following circumstances:
(aa) The prevailing wind at the time of the burning shall be away
from nearby residences.
(bb) The burning shall be conducted as far away as practical from
a,ny highway or public road and controlled so that a traffic hazard is not
created.
(cc) The burning may not be conducted during the duration of an
air pollution alert, warning or emergency.
(dd) The recipient of the permit or his authorized representative
shall be present for the duration of any fire authorized by the permit.
(ee) 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.
(ff) Open burning for ground thawing shall be conducted in accor-
dance with the following additional restrictions:
(i) Fuels and starting materials shall be of a kind which do not
generate appreciable smoke.
(ii) Coke used for ground thawing within 500 feet of dwellings or
occupied buildings shall contain less than 1% sulfur.
(iii) 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.
AIR POLLUTION CONTROL RULES APC 8
(iv) Propane gas thawing torches or other devices causing minimal
pollution shall be used when practicable.
(gg) Open burning of materials pursuant to paragraph (f)(1)(ee), (ff),
(gg), (hh), (ii), and (jj) shall be conducted in accordance with the following
additional restrictions:
(i) The location of the burning shall not be within 600 feet of an
occupied residence other than those located on the property on which the
burning is conducted.
(ii) Oils, rubber and other similar smoke producing materials shall
not be burned or used as starting materials.
(iii) The burning shall not be conducted within one mile of any
airport or landing strip, unless approved by the Director.
(hh) Open burning of materials pursuant to paragraph (f)(1)(ii) shall
also only be conducted under controlled burning methods approved by the
Director.
(ii) The burning is conducted under such other reasonable conditions
as the permit issuing authority may impose.
(3) Permit Issuers. In addition to the Agency, the following persons
are authorized to accept applications and issue open burning permits:
(aa) A Department of Natural Resources forest officer for locations
within his jurisdiction.
(bb) A local Department of Natural Resources Fire Warden for loca-
tions within his jurisdiction.
(cc) Upon approval of the Agency, a local pollution control agency
for locations within its jurisdiction.
(dd) 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.
(ee) Upon the approval of the Director, either a fire chief or a person
designated by a township or city for locations within the jurisdiction of said
governmental unit.
(ff) 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.
(4) Permit Denial. Any permit application submitted pursuant to this
regulation shall be denied if:
(aa) A reasonable, practical alternative method of disposal of the
material is available.
(bb) A nuisance condition would result from the burning.
(5) Permit Revocation. Any permit is subject to revocation at the dis-
cretion of the Director, a Department of Natural Resources Forest Officer,
the Local fire marshal or fire chief, or the permit issuer, if:
(aa) A reasonable practical method of disposal of the material is
found;
(bb) A fire hazard exists or develops during the course of the burn-
ing; or
(cc) Any of the conditions of the permit are violated.
(g) Liability. Exemption to conduct open burning or the granting of an
open burning permit under any provisions of this regulation does not excuse
a person from the consequences, damages or injuries which may result
therefrom.
(h) Conflicting Laws. Nothing in this regulation shall be construed to
AIR POLLUTION CONTROL RULES APC 8
allow open burning in those areas in which open burning is prohibited by
other laws, regulations or ordinances.
(i) Recreational Fires. Fires set for recreational, ceremonial, food prep-
aration, or social purposes are permitted provided only wood, coal, or char-
coal is burned.
(j) Diseased Shade Tree Open Burning Sites. Open burning of diseased
shade trees shall be permitted provided no reasonable alternate method of
disposal exists as determined by the Agency, a permit is obtained pursuant
to this regulation, and the open burning is conducted in accordance with
the requirements of this regulation and the conditions of the permit.
(1) Site Location. The sites shall be located in accordance with the
following conditions or as approved by the Director of Air Quality:
(aa) Not less than 1,000 feet from an occupied building.
(bb) Not less than 1,000 feet from a public roadway.
(cc) Not less than one mile from an airport or landing strip.
(dd) Not less than 300 feet from a stream.
(ee) Not within wetland.
(2) Site Preparation. The site shall be prepared in accordance with the
following:
(aa) Access to the site shall be controlled by a gate which shall be
locked when an attendant is not on duty.
(bb) 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.
(cc) A permanent sign identifying the operation indicating the hours
and days the site is open for use, rates, the penalty for non conforming
dumping and other pertinent information shall be posted at the site entrance.
(dd) Surface water drainage shall be diverted around and away from
the operating area and ash storage areas.
(3) Site Operation. The site shall be operated in accordance with the
following conditions:
(aa) Only diseased shade trees and/or tree trimmings shall be disposed
of on the site.
(bb) 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.
(cc) Burning shall be conducted only when weather conditions are
such that a nuisance, health or safety hazard will not be created.
(dd) Prior notice shall be given to the local fire authority of the time
and duration of each fire.
(ee) Adequate dust control shall be provided on the site and on the
roads leading to the site.
(11) Ash residue shall be collected on a periodic basis and disposed of
in an Agency permitted sanitary landfill.
(4) Site Termination. The site shall be terminated in accordance with
the following:
(aa) All materials extraneous to the site shall be removed and disposed
of in an appropriate manner.
(bb) The site shall be returned to a state equal to its surroundings.
[July 7, 1969; amended June 5, 1970; amended September 14, 1971;
amended March 12, 1976; amended May 13 1976]
40
OFFENSE 8 J?4/ J l J C 14e J j 0
TIME COMMITTED M. DATE /a
REPORTED BY (5,96
ADDRFSC PHONE
TIME REPORTED
REPORTED TO
HOW REPORTED
OFFICERS ASSIGNED
PERSONS ATTACKED
ORIGINAL OFFENSE REPORT
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FOUNDED
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ETAILS OF OFFENSE: (State Fully All Other Circumstances of This Offense and its Investigation, Action Taken, Witnesses Interviewed, Etc.)
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Officer's Signature
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TO WHOM IT MAY CONCERN:
By virtue of the provisions of the Hopkins Fire Prevention Code,
Mr. Hawks, Centurian Corporation
(n.ame
is hereby given permission to
Hns at 0800 hours on
(time)
to be extinguished no later than 1630 Hours, 5/15/81
(time)
NOTICE: This fire may not consist of rubbish or waste materials.
The fire must be at least 50 feet from any building or structure.
Precautions must be taken to prevent the fire from spreading to
within 50 feet of any build3 ng or structure.
,1 The fire must be attended constantly by a responsible adult until
the fire is extinguished.
A garden hose must be connected to a water supply, or there must
be other fire extinguishing equipment ready for used
The Hopkins Fire Department dispatcher must be notified before
Ell
th fire is ignited and after it is extinguished (935 332
The Chief of the Fire Department may prohibit any fire or
revoke any permit if atmospheric or local conditions warrant.
Violations of any of the above conditions will result in loss
f this permit.
495-34/0
HOPKINS FIRE DEPARTMENT
FIRE PREVENTION BUREAU
1010 1st Street South
HOPKINS, MN 553143
BURNING PERMIT
have an open fire within the city limits of
5/1/81 5/1581 at Cambridge VanBuren Ave.
(date) (location)
By:
April 30, 1981
(Date)
Cg
Hugh 0, Strawn,
Fire Marshal
O