(A) Definitions. The following words and phrases, when used in this subchapter, unless the context clearly indicates otherwise, shall have the meanings ascribed to them in this section.
AGRICULTURAL FIRE. Open burning for the purpose of disposing of materials generated on ten acres or larger parcels of land that is in “agricultural use” as defined in M.S. § 17.81, as it may be amended from time to time.
BURNING BAN. The Commissioner, by written order, may suspend the issuance of permits for open fires, revoke or suspend the operation of a permit previously issued and, to the extent he or she deems necessary, prohibit the burning of all or some kinds of open fires. t
BURNING RESTRICTION. No permit may be issued in instances where there are alternatives to burning or burning can be delayed until after the restriction has been lifted. Variances may be given on a case by case basis. DNR Foresters will review variance applications and make recommendations to the local Fire Chief, who will have the final authority during the restriction period.
COMMISSIONER. The Commissioner of the Department of Natural Resources.
CONSTRUCTION DEBRIS. Waste building material, packaging and rubble resulting from construction, remodeling and repair.
DEMOLITION DEBRIS. Solid waste resulting from the demolition of buildings, roads, and other man-made structures, including but not limited to, materials such as concrete, brick, bituminous concrete, treated wood, masonry, glass, rock, and plastic building parts. Demolition debris does not include asbestos wastes.
DEPARTMENT OF NATURAL RESOURCES (DNR). The Minnesota Department of Natural Resources. The DNR is charged with conserving and managing the state's natural resources.
DESIGNATED LOCAL AUTHORITY (DLA). A representative of a local unit of government, fire chief, fire marshal, or fire warden who has been trained and certified by the DNR. The Carver County Environmental Services Department shall be the local DLA in local governmental units who do not choose to designate a DLA.
HAZARDOUS WASTE. As defined in M.S. § 116.06, as it may be amended from time to time, means any refuse, sludge, or other waste material or combinations or refuse, sludge, or other waste materials in solid, semi-solid, liquid, or contained gaseous form which because of its quantity, concentration, or chemical, physical, or infectious characteristics may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Categories of hazardous
waste material include, but are not limited to: explosives, flammables, oxidizers, poisons, irritants and corrosives.
HAZARDOUS WASTE does not include source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.
INDUSTRIAL SOLID WASTE. All solid waste generated from an industrial or manufacturing process and solid waste generated from non-manufacturing activities such as service and commercial establishments. Industrial solid waste does not include office materials, restaurant and food preparation waste, discarded machinery, demolition debris, or household refuse.
LAW ENFORCEMENT. Means any licensed peace officer.
MIXED MUNICIPAL SOLID WASTE (MMSW). Garbage, refuse, and other solid waste from residential, commercial, industrial, and community activities that the generator aggregates for disposal, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid batteries, used oil, and other materials, collected, processed, and disposed of as separate waste streams.
OPEN BURNING. The burning of any matter if the resultant combustion products are emitted directly to the atmosphere without passing through a stack, duct or chimney, except a recreational fire as defined herein.
RECREATIONAL FIRE. A fire set with approved starter fuel, with the materials to be burned no more than 3 feet in diameter and 3 feet in height, using dry, clean wood; producing little detectable smoke, odor or soot beyond the property line; for recreational, ceremonial, food preparation or social purposes; extinguished completely before quitting the occasion; and respecting weather conditions, neighbors, burning bans, and air quality so that nuisance, health or safety hazards will not be created. Mobile cooking devices such as, charcoal grills, propane, and natural gas devices are not defined as recreational fires. Recreational fires shall not be located closer than 25 feet to any structure.
RUNNING FIRE. An open burn that is not confined to piled materials but is meant to consume materials over an unconfined area. Running fires include but are not limited to, open burning conducted to clear or maintain small areas of land surrounded by tilled agricultural land, open burning to maintain wildlife habitat in managed wildlife areas, and open burning conducted by a local government unit to maintain road rights-of-way. Permits for all running fires must be reviewed and approved by the DNR.
SNOW COVERED. The ground has a continuous unbroken cover of snow, to a depth of three inches or more, surrounding the immediate area of the fire.
STARTER FUELS. Dry, untreated, unpainted kindling, branches, or cardboard, or charcoal fire starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. Only propane gas torches or other clean gas burning devices causing minimal pollution may be used to start an open burn.
WOOD. Dry, clean fuel only such as twigs, branches, limbs, “presto logs,” charcoal, cordwood or untreated dimensional lumber. WOOD does not include pallets, wood that is green, with leaves or needles, rotten, wet, oil soaked, or treated with paint, glue or preservatives. Clean pallets may be used for recreational fires when cut into three-foot lengths.
(B) Compliance. No person shall cause or permit open burning, except in full compliance with the provisions of this subchapter.
(C) Conditions. Violations of any condition, imposed by the Department or DLA on a permit, shall be deemed a violation of this subchapter.
(D) False information. Omission of any information or submission of false information may be deemed a violation of this subchapter or may be deemed a violation of state statute.
(E) Right of entry. Whenever necessary to perform an inspection, to enforce any of the provisions of this subchapter, or whenever the DNR, Department, DLA or Law Enforcement has reasonable cause to believe that prohibited materials are being burned upon the premises, the DNR, Department, DLA or Law Enforcement may enter such premises at all reasonable times to inspect the same or to perform any duty imposed upon the DNR, Department, DLA and Law Enforcement by this subchapter, provided that if such premises be occupied, the authorized agent shall first present proper credentials and demand entry; and if such premises be unoccupied, the DNR, Department, DLA or Law Enforcement shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and demand entry. If such entry is refused, the DNR, Department, DLA or Law Enforcement shall have recourse to every remedy provided by law to secure entry including administrative search warrants.
(Ord. 5B, passed 6-26-01; Am. Ord. 73-2012, passed 3-20-12)