#135 Adopt. Pollution Regulation 8

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~ AIR PqLLL'T105 CO\TROL NIILE.S A1R POI.LG'CIOY Cbr7'NOL PULF.S APC S CHAPTER EICHT: APC 8 a device or equipment which has not received an Operating Permit from ' this Agcncy. APC 8 Open Durniag (e) Open Burning by Permit (a) Dcfinitions Opcn burning may be conducted if an open burning pcrmit is obtained As used in Qhis regulation the following words shall have the meanings pursuant to this regulation and the open burning is conductcd in accordauce det'incd hercin. with the requircmcnts of this regulation and the conditions of the permit. (1) "Approved waste burner" means an incinerator or other 6urner (fl Permit Applications constructed of Grc resistant material having a capacily of not ]ess than, (1) Application, Application for open burning permits may be made three bushels, a cover which is closed whcn in use, and maximvm openings in cases where fires are proposed to be set for the following putposes; in the top or sidcs no greatcr than onc inch in diamctcr. (2) "DuilJing matcrial"' mcans lumbcr, wood shakes and uthcr wood (aa) Bona fide instruction and trainiug of fire fighting personne] products but shall not include composite shingles, tar paper, insulation, wall and for the tcsting of fire esdnguishnig equipment. board, wiring or othcr similar smoke producing materials. (bb) Elimination of fire or health hazards which cannot be abated (3) "Discased shade trce" means any tree infected by Dutch elm by any uther practicable means, disease or oak wilt discase or uay trec constituting a hazard to a disease (cc) Activities in aecordance with accepted Forest or game manage- control program cstablishcd by the Dcparmicnt of Agriculture pursuant to ment. Minn. Stat. § 15.023. . (dd) Ground thawing for utility repair and conswction. (4) "Disposal facility" means a facility or site permittcd by thc Minnc• (ee) The disposal of trees, brush, grass and other vegetative matter sota Pollution Control Agency fot the intcrmediate or final disposal of solid in the development of land and right-of-way maintenance. waste. (ff) The disposal of diseased shade trecs. (5) "Garbage" mcans discardcd moterial resulting from the handling, (gs) Thc disposal of trees and brush in areas outside the Metro- processmg, storage, prcparation, serving and consumption of food. politan Arca. (6) "Mcttopolitan Arca" mcans the area inc]udcJ within the counties (hh) Activities in accordance with accepted agricultural practices. of Anoka, Carvcr, Dakota, Hennepin, Ramsey, Scott, and Washington, (ii) The disposal of building material generated by construction. (7) "Opcn ]3urning" mcans the burning of any mattcr whcrcby the (jj) Thc disposal of building matcrial generatcd by the demolition resultant combustion products are emidcJ directly to the utmosphere with- of non-commercial or non•institutional sttuctures. out passing through an adcquatc slack, duct, or chintncy. (2) Restrictions, A burning pcrmit shaU be issucd on a prescribcd (S) "Re(usc collection scrvice" mcans a public or private operation iorm to the applicant if the burning is for one of the purposes set forth eagagcd in solid wastc colJcction and transportation. in subscction (f)(I) and the applicant agrees that all burning shall be con- (9) "Rubbish" means nonputrescible solid waste, such as paper, curd- ducted under the following circumstances: board, yard clippings and other nawral matter not including garbage. (aa) The prevailing wind at the time of the burning shall be away (10) "Wetland" means natural marsh where watcr stands near, at or from nearby residcnces. abovc the soil surface during a significant portion of most years, (bb) The burning shall be conclucted as far away as practical from (b) Open Durning Rcstrictions any highway or public road and controlled so that a trafGc bazard is not No pcrson shal] cause, sufter, allow or permit open burning. created. (c) Exemptions (cc) The burning may not be conducted during the duration of an (1) In unincorporated arcas where no refuse collection service is avail- air pollution alert, warning or emergency. able, the opcn burning of rubbish originating from singlc residential (dd) Thc recipicnt of the permit or his authorized representative premiscs may be conducted in approved waste burners. . shall be prescnt for the duration of any fire authorized by the permit. (2) In any ciry where no refuse collection service is available, the (ee) Prior notice shall be given to the local Department of Natural local unit of govcrnment may apply to the Director for pcrmission 1o Rcsourccs Forest Otficer, local fire marshal, or local fire chief of the time allnw the opcn burning of rubbish origiaating from single residcntial and location of any fire authorized by the permit. prcmiscs in approvcd waste burners. (ff) Open burning for ground thawing shall bc conducied in accor- (3) Refusc collection service shall be dccmed available as dclincatcd dance with the following additional reslrictions; in the Counry Salid Waste Management Plan, as adoptcd by the county (i) Puds and starting materials shall be of a kind which do not and approved by the Agency, generate appreciable smoke. (d) Prohibition of Salvage Operations by Open Burning (ii) Cokc used for ground thawing within 500 feet of dwellings ar (1) No person shall conduct, causc or percnit salvage operations by occupied buildings shall contain less than 1% sulfur. open burning. (iii) Ambient air quality standards for sulfur dioxide and carbon (2) No person st,all possess, ttansport or process motor ve6iclcs or monoxide shall not be exceeded at occupied residences otlier than those , sctap metals which have been reduced by open burning or incineraGon in located on the property on which the burning is being conducted.