(A) Duties of the Department. The Department shall be responsible for the administration and enforcement of this subchapter. The Department’s duties shall include, but are not limited to, the following:
(1) The Department shall maintain records of open burns within Carver County;
(2) The Department shall review and issue open burn permits for local governments who do not designate a DLA;
(3) The Department and its agents shall administer this subchapter, investigate complaints and violations related to it and enforce the provisions of this subchapter as provided in rules and statutes;
(4) The Department shall assist the DNR in providing training to certify a DLA;
(5) The Department shall recommend certification of the DLA to the DNR when appropriate;
(6) The Department may decommission a DLA for failure to carry out the duties and responsibilities assigned to them.
(B) Duties of local government. The local government duties shall include, but are not be limited to the following:
(1) Local governmental unit may name one or more DLA as provided by this subchapter. The DLA must be trained and certified by the DNR. The local governmental unit shall provide the Department with the names and addresses of these persons. A DLA may not issue open burning permits before such notification is provided to the county.
(2) A local governmental unit may, by ordinance, require open burning regulations that are more stringent than the provisions of this subchapter.
(C) Duties of designated local authority. Referred to hereafter as DLA shall have the following duties:
(1) The DLA shall review applications and issue or deny permits according to the criteria established in this subchapter and the Minnesota Rules and Statutes incorporated herein by reference;
(2) The DLA shall report to the Department violations of this subchapter as they become aware of them;
(3) The DLA shall submit burn permits to the Department by the seventh day of the following month;
(4) The DLA shall issue burning permits in accordance with instructions received from the DNR;
(5) The DLA shall fill out the burning permit form;
(6) The DLA shall report all unauthorized fires through 911 and the Department;
(7) The DLA shall issue written burning permits only. Verbal permission by itself does not constitute a legal permit;
(8) The DLA shall report any problems or difficulties to the Department;
(9) The DLA shall attend training provided by the DNR or the Department;
(10) A DLA who moves outside of their assigned commission area would not be authorized to continue writing permits. DLA who is no longer interested in working for the fire prevention program may simply request to be decommissioned. In addition, an individual may be decommissioned for failure to properly carry out the duties and responsibilities assigned to them;
(11) The DLA shall insure that the permit holder understands all the regulations associated with conducting an open burn;
(12) A DLA shall only issue permits within their assigned commission area.
(Ord. 5B, passed 6-26-01; Am. Ord. 73-2012, passed 3-20-12)