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1m. Ordinance Amendment Authorizing Certain Public Safety Personnel to Issue Burning Permits CITY F AN EN �� 690 COULTER DRIVE • P O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ::.r. ' MEMORANDUM TO Don Ashworth, City Manager ' FROM: Jim Chaffee, Public Safety Director Dee °d c nci3 DATE: April 5 , 1989 ' SUBJ: Ordinance Amendment Authorizing Certain Public Safety Personnel to Issue Burning Permits, First Reading Please find attached a memo from Fire Inspector Mark Littfin ' requesting authorization to issue burning permits . Also please find a letter from the Minnesota Pollution Control Agency dated March 14, 1989 that sets forth their requirement for a municipal- ity to issue burning permits. With approval of this ordinance, we will then be in compliance with the Minnesota rules governing the open burning requirements . Recommendation ' It is staff' s recommendation to amend the City Code by adopting Minnesota Rules parts 7005. 0700 to 7005 . 0820 ( formerly APC8) , Open Burning Restrictions and Permitting Requirements by Reference. ,. I 1 TY OF 1 .s„:„ 1 � ' .,,,‘ „..,„_:. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 I MEMORANDUM I TO: Jim Chaffee, Public Safety Director FROM: Mark Littfin, Fire Inspector I DATE: March 15, 1989 I SUBJ: Authority to Issue Burning Permits I At this time I would like to pursue the opportunity to receive authorization to accept applications and issue open burning per- mits I for the City of Chanhassen. In order to receive this authorization the governmental unit must I submit a written request to the Director, Division of Air Quality, Minnesota Pollution Control Agency, requesting the authorization. As part of the formal request, a copy of the meeting minutes indicating the motion passed to designate the I person (name and position) to be approved by the Director and a copy of an ordinance adopting Minnesota Rules parts 7005. 0700 to 7005 . 0820 by the governmental unit are also required. I If possible, would you review this and let me know if the City would want to take on this responsibility. I I I I I I II I .. 414-, Minnesota Pollution Control Agency ' To Whom it May Concern: U Numerous inquiries regarding the delegation of authority to issue open burning permits have been received by the Minnesota Pollution Control Agency. This letter is intended to provide information concerning delegation of that authority. Open burning in the State of Minnesota is regulated under the provisions of Minnesota Rules parts 7005. 0700 to 7005. 0820 ' [Formerly APC 8] "Open Burning" . In accordance with part 7005. 0760 of the rule , a person or person designated by a county board of commissioners , or a fire chief or a person designated by a township or city, may accept applications and issue open burning permits upon authorization by the Minnesota Pollution Control Agency. In order to receive this authorization, the governmental unit must submit a written request to the Director , Division of Air Quality, Minnesota Pollution Control Agency, requesting the ' authorization. As part of the formal request , a copy of the meeting minutes indicating the motion passed to designate the person ( name and position) to be approved by the Director and a copy of an ordinance adopting Minnesota Rules parts 7005. 0700 to ' 7005. 0820 by the governmental unit are also required. In situations where the governmental unit contracts for fire protection, a requirement of the authorization will be that ' co-approval be received from the fire authority prior to issuing any burning permit. ' Governmental units desiring authorization to accept applications and issue open burning permits, or further information, are requested to contact the Division of Air Quality in writing , or call ( 612) 296-7300. ' Sincerely, Lisa Thorvig , Chief Regulatory Compliance Section Division of Air Quality LT/mpg 22 : 37 ' Phone: MAR 1 4 1989 520 Lafayette Road North, St. Paul, Minnesota 55155 CITY OF CHANHASSEN ' Regional Offices • Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer is CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. ' AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF I CHANHASSEN BY ADOPTING MINNESOTA RULES PARTS 7005.0700 TO 7005.082 (FORMERLY APC 8) OPEN BURNING RESTRICTIONS AND PERMITTING REQUIREMENTS BY REFERENCE , The City Council of the City of Chanhassen does hereby ordain: , I . The City Code of the City of Chanhassen is amended by adding ' Article IV to Chapter 9 , relating to adopting Minnesota Rules Parts 7005 . 0700 to 7005 . 0820 , dealing with open burning and issuance of permits by reference. Said Article IV will read as follows : ARTICLE IV. Open Burning Restrictions and Permitting Requirements. Minnesota Rules Parts 7005 . 0700 to 7005 . 0820 , relating to open burning and the issuance of permits for open burning is hereby adopted by reference and is made a part of the City Code of the City of Chanhassen as is fully set forth herein. The Public Safety Director, the Fire Chief, and the Fire Inspector of the Chanhassen Public Safety Department are hereby designated as persons to accept applications and issue open burning permits , pursuant to Part 7005 . 0760 of the rule. II . ' This Ordinance shall be in full force and effect from and after its passage and publication. Passed and adopted by the City Council of the City of Chanhassen this day of , 1989 . CITY OF CHANHASSEN Don Ashworth, City Clerk/Manager Donald J. Chmiel , Mayor ( Published in the Chanhassen Villager on , 1989)