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<br />plastics, and chemically treated materials. Also,
<br />prohibited is any material which produces exces-
<br />sive or noxious smoke including, but not limited
<br />to, tires, railroad ties, chemically treated lumber,
<br />composite shingles, tar paper, insulation, composi-
<br />tion board, sheetrock, wiring, paint, or paint filters.
<br />Minn. Stat. 88.171, subd. 2. Open burning of hazardous
<br />waste, industriaJI solid waste, demolition debris, or
<br />motor vehicles is also prohibited. Winn. Stat. 88.171,
<br />subds. 3-5 and 7. Demolition debris is burnable .
<br />building material generated from d:e demolition of
<br />commercial or institutional structures. A farm
<br />building is not considered a commercial building.
<br />Minn. Stat. 88.171, subd. 5. Salvage operations by
<br />open burning are also prohibited. Minn. Stat. 88.171,
<br />subd. 6.
<br />Applicants for a permanent tree and brush open i
<br />burning site permit must submit completed appli- ~ Garbage may not be burned in the open either.
<br />cations to the commissioner 90 days before the site Garbage is discarded material resulting from
<br />is proposed to begin operation. Those permanent handling, processing, storage, preparation, serving
<br />tree and brush burning sites in existence at the or consumption of food. Minn. Stat. 88.171, subd. 8(a).
<br />time the new 1993 statute was passed were to have There are two exceptions to this prohibition. The
<br />submitted an application for a permit within 90 first exception is for individual residents that the
<br />days of the passage of the statute. The application county board determines by resolution do not have
<br />forms are provided by the commissioner and must regularly scheduled pickup available. The garbage
<br />include the name, address, and telephone numbers must oniy be what is generated from the resident's
<br />of all owners and operators of the proposed site; a household. Minn. Stat. 88.171, subd. 8(b).
<br />general description of the materials to be burned,
<br />including the source and estimated quantity; and a
<br />topographic map of the site and surrounding area
<br />within a one mile radius showing all structures that
<br />might be affected by the operation of the site. Minn.
<br />Stat. 88.17, subd. 3(b).
<br />
<br />Minn. Stat. 88.17, subd. 3(a). An agent of the commis-
<br />sioner includes forest officers but not fire wardens.
<br />
<br />Owners or operators conducting open burning for
<br />the purpose of instruction and training of
<br />firefighters with regard to structures must follow
<br />the techniques described in Structural Bum Train-
<br />ing Procedures for the Minnesota Technical Col-
<br />lege System. Id. To obtain a copy of this publica-
<br />tion contact the F.I.R.E. Center at 550 Cedar
<br />Street, St. Paul, Minnesota 55101 or ca11612-296-
<br />6516. These techniques need not be followed by
<br />owners or operators conducting fire training in
<br />specialized industrial settings pursuant to appli..
<br />cable federal, state, or local standards. IOJ.
<br />
<br />The statute indicates that the map is necessary for
<br />a one mile circumference, however, this terminol-
<br />ogy is not appropriate and the DNR will require a
<br />map of one mile radius. The location of the site
<br />must not create a nuisance or endanger water
<br />quality. Only trees, tree trimmings, or brush that
<br />cannot be disposed of by chipping, composting" or
<br />other method are permitted to be burned at the site.
<br />Id.
<br />
<br />Several materials are completely prohibited from
<br />being burned in the open at all times of the year.
<br />Minn. Stat. 88.171, subd. 1. They are oils, rubber,
<br />
<br />""'- -
<br />
<br />.
<br />
<br />.
<br />
<br />The other exception is for the burning of solid
<br />waste generated by a person who owns or operates
<br />a farm. This except:on only applies to the
<br />individual's household waste or waste generated
<br />from farming operations. This exce:?tion applies
<br />unless the county board has determined by resolu-
<br />tion that regularly scheduled pickup of solid waste
<br />is reasonably available where the farm is located.
<br />Minn. Stat. 17.135. These exceptions do not permit
<br />the individuals to bum any ether prohibited mate-
<br />riaRs and they must be in compliance with the
<br />requirements of Minn. Stat. 88.16, subc1. 2(d) and 88.17,
<br />subd. 1.
<br />
<br />In addition to these prohibitions, fires must not be
<br />allowed to smolder with no flame present. Minn.
<br />Stat. 88.171, subd. 10. Also, no person shall conduct,
<br />cause, or permit open burning during a burning
<br />ban put into effect by a local authority, county, or
<br />
<br />.
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