We believe current ordinances support our basic property right - to a supply of breathable air.


To us, the issue is very simple. Existing Oak Grove Codes, along with common sense, should rule the situation. As with many complaint driven ordinance issues, when someone's actions become a nuisance to others, then there's a problem. For example, someone playing a loud stereo is enforced as a noise complaint. The stereo is legal, and there are no laws against playing music. However, when the music reaches an extreme, the result of playing the stereo loud is a nuisance call, and it has to be dealt with. The ultimate result is the music is turned down to a level where it is no longer a nuisance.

Likewise, the odor, which in the visual form is smoke, is the complaint. The source of the smoke and odor is legal; there are no laws against wood combustion. However, when the smoke and odor reaches an extreme, which it does on a regular basis, then it becomes a nuisance. When it is a nuisance on a continuing basis, it has to be dealt with.

Using the music comparison again, the City does not re-write laws each time a new piece of technology is discovered. The noise ordinance is not updated to add MP3 players or other devices to a list of potential noise complaint devices. No, nuisance ordinances are written to address basic standards of living when it comes to the welfare of people; the health, safety, and habitability of a community, as it states in Oak Grove's Code of Ordinances.

This is a case of extreme wood burning practices, which causes an excessive amount of smoke and odor on a continuous basis in a residential neighborhood, reducing our quality of life, aggravating our existing health issues and creating an unnecessary increase in the risk of a number of knownrespiratory and cardiovascular disease. Most, if not all of the chemicals created as a by-product of burning are already regulated by the EPA on a Federal level and the MPCA on a State level.

WE ARE NOT LAWYERS. WE DID NOT WRITE LAWS AND ORDINANCES. WE ONLY ASK THAT EXISTING LAWS BE APPLIED UNIFORMLY BY THE PEOPLE CHARGED WITH THE JOB.

Oak Grove's Code of Ordinances already addresses this problem in several areas.
Reading from the TITLE 1300 ZONING REGULATIONS in the Oak Grove CODE OF ORDINANCES, the INTENT AND PURPOSE of the regulations are as follows: (emphasis added to specific areas):

This Ordinance shall be known, cited and referred to as the “CITY OF OAK GROVE ZONING ORDINANCE”.
CHAPTER 1302 - INTENT AND PURPOSE
This Ordinance is adopted for the following purposes:
Protecting the public health, safety,(1) morals, comfort, convenience and general welfare of the property, present and future residents of the City of Oak Grove and surrounding environs. (2)
Preserving the rural character of Oak Grove and preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings in relation to the capacity of the land and buildings surrounding them. (3)
Dividing the City of Oak Grove into zones and districts, restricting and regulating therein the location and use of structures and land.
Promoting the efficient and orderly development of the residential, agricultural, business, industrial, recreational and public land uses.
Providing adequate light, air, and convenience of access to property. (4)
Preserving and protecting the quiet, peaceful enjoyment and habitability of the community. (5)
Limiting congestion in the public rights-of-way and securing safety from fire and other dangers. (6)

HOW THIS ORDINANCE APPLIES:
(1) PUBLIC HEALTH, SAFETY: The smoke and odor affects the respiratory health of residents of at least 6 properties, according to written statements by the residents themselves. Several of these residents were willing to consider using their medical records as proof of the related health issues, if necessary. There are potentially many more people affected who have not complained or made their views known. The six properties that are known include at least 20 residents. Although the City chooses to pursue it as a nuisance issue, there is no doubt this is of great concern to the property owners who live around the source.

(2) COMFORT, CONVENIENCE AND GENERAL WELFARE OF THE PROPERTY...AND RESIDENTS: The smoke and odor are heavy enough to cause lung discomfort inside our own house, has triggered asthma attacks and headaches, and has caused us to abandon the outdoors on our own property on a moment's notice. We have to wear particulate masks when being outside for any length of time. The smoke severely detracts from the livability of our property. Many property owners have experienced similar problems.

(3) REGULATING THE USE OF LAND AND BUILDINGS IN RELATION TO THE CAPACITY OF THE LAND AND BUILDINGS AROUND THEM: The by-product of burning, namely the large volume of smoke and odor, far exceeds the capacity of the surrounding land and air to adequately dissipate without affecting adjoining properties and persons occupying those properties. WE DID NOT PURCHASE OUR PROPERTY TO BECOME ANOTHER PROPERTY'S HVAC EXHAUST SYSTEM!

(4) PROVIDING ADEQUATE... AIR... TO PROPERTY: This speaks for itself. The actions of another property are severely degrading the air quality on our property on a regular basis. The air quality ranges from slightly smokey to nauseating; from eye watering to lung constricting. Depending on wind, (or lack of it), the reduction in air quality may last for 15 minutes, or go on for a day or longer.

(5) PRESERVING AND PROTECTING THE QUIET PEACEFUL ENJOYMENT AND HABITABILITY OF THE COMMUNITY: The large volume of smoke and odor is disruptive to our day to day life, abbreviating or stopping entirely our ability to enjoy our property at any given moment. Friends, family members, delivery people, and others have all independently commented on the smoke and odor around our house, without knowing about our complaint.

(6) SECURING SAFETY FROM FIRE AND OTHER DANGERS: The fact the origin of the smoke is an outdoor wood burning device means it should be complaint to existing outdoor wood burning standards for the health and safety of those living in close proximity. One would assume "securing the safety from fire" includes safety from not just the gaseous flame of a fire but also the resulting by-product of fire, namely the high quantity of smoke and particulate matter contained within that smoke. In emergency fires, it is the smoke that kills far more people than a flame. It is likely Fire Dept. Regulation would require a fire fighter to wear protective breathing apparatus when approaching or entering an area with the high CO concentrations or thick smog banks we see on many occasions.

Second applicable ordinance: (emphasis added to specific areas):

TITLE 1300 - ZONING REGULATIONS
CHAPTER 1318 - PERFORMANCE STANDARDS
Subd. 10. OTHER NUISANCE CHARACTERISTICS. No noise, odors, vibration, smoke, air pollution, liquid or solid wastes, heat, glare, dust, or other such adverse influences shall be permitted in any district that will have a significant negative effect upon adjacent or nearby property. All wastes in all districts shall be disposed of in a manner that is not dangerous to public health and safety nor will damage public waste transmission or disposal facilities.

HOW THIS ORDINANCE APPLIES:
This ordinance not only applies to our situation, it sounds like it was written just for this issue. What other source of smoke and odor air pollution is this large in volume and has as much of a negative effect on MULTIPLE properties than this source does? Our complaint concerns the smoke, odor, air pollution, which are adverse influences and have a significant negative effect upon adjacent or nearby property. The volume of smoke and odor, according to numerous studies, equals 20-30 certified indoor wood stoves, and a much larger percentage of particulate matter, well known as a respiratory irritant and carcinogen. Unlike indoor wood stoves, this burning NEVER STOPS, and produces at least a ton and a half of particulate matter per year, 25 times more than an indoor wood stove.

Notice also the word "property" in the singular when referring to a nuisance complaint. This implies only a SINGLE property need be affected in a significant negative way. But in fact, it is not just a single property making a complaint, but at least 6 properties feel the smoke and odor has enough of a significant negative effect on they or other family members to go to the trouble of filing a written complaint, as directed by the City. As stated previously, none of the people we spoke with was about to make a complaint against another property unless they were truly bothered by it. The fact that 6 properties did, (who represent a minimum of 20 people) leaves no doubt the smoke and odor are having a significant negative effect.

Additionally, the by-product (or "waste") smoke from wood combustion is being disposed OFF THE PROPERTY of the person creating the emissions. The ordinance states ALL WASTES in ALL DISTRICTS shall be disposed of in a manner that is NOT DANGEROUS TO PUBLIC HEALTH AND SAFETY. Clearly, the smoke and odor are classified as dangerous by the EPA and the MPCA, higher authorities than the City level. Neighbors agree it is causing aggravation of health issues. AGAIN, OUR PROPERTY IS NOT A DISPOSAL SYSTEM. WE DID NOT PURCHASE OUR PROPERTY TO BECOME SOMEONE ELSE'S HVAC EXHAUST SYSTEM.
Third applicable ordinance: (emphasis added to specific areas):
TITLE 1000 - ENVIRONMENTAL REGULATIONS
CHAPTER 1000 - CITY OF OAK GROVE ENVIRONMENTAL REGULATIONS ORDINANCE
CHAPTER 1012 - OPEN BURNING PERMITS
Subd. 1. DEFINITIONS.
(1) Burning Permit
A written permit issued by a City Fire Warden(s).
(2) Control Equipment
Control equipment shall mean any device, approved by the Minnesota Pollution Control Agency, which has the function of controlling or abating the emission of air contaminants to the atmosphere.
(3) Fire Warden
Volunteers who are commissioned by a DNR Forestry Office to issue open-burning permits for a specific geographic area.
(4) Illegal Burn
Any non-recreational fire set without a burning permit, not conforming to this Chapter.
(5) Open Burning
Burning any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through any adequate controlled equipment.
(6) Person
Any person, any municipality or other governmental or political subdivision or other public agency, any public or private corporation, any partnership, firm, association or other organization, any receiver, trustee, assignee, agent or other legal representative of any of the foregoing, or any legal entity, but does not include the pollution control agency.
(7) Recreational Fires
A fire set for cooking, warming or ceremonial purposes, which is not more than three (3) feet in diameter by three (3) feet high, and which has had the ground five (5) feet of its base cleared of all combustible material.
[Chapter 1012, Subd. 1 amended by Ord. No. 04-03, effective March 29, 2004.]
Chapter 1012, Subd. 2 (Rev. 2006)
1000-11

Subd. 2. OPEN BURNING PROHIBITED. From and after the effective date of this Ordinance, except as herein otherwise provided, open burning shall be prohibited and deemed an illegal burn within the City of Oak Grove.
Subd. 3. EXEMPTIONS. Open burning of the types, and subject to the conditions, as hereinafter stated, shall be exempt from the prohibition of Subdivision 2 of this Ordinance:

1. Burning shall be allowed daily between 6 PM and 6AM unless a Burning Ban is in effect.

5. Fire extinguishing equipment such as bucket, shovels, or garden hoses shall be readily available for use at such fires.

6. Materials prohibited from open burning, year-round, include: oil, rubber, plastics, chemically-treated materials, any other material that produces excessive or noxious smoke including, but not limited to: tires, railroad ties, chemically-treated paint, and paint filters. In addition, the open burning of hazardous waste, industrial solid waste, demolition debris, and motor vehicles or parts is prohibited year-round. State law also prohibits the open burning of garbage.

D. Exemption to conduct fires under this Section does not excuse a person from the consequences, damages or injuries which may result therefrom nor does it exempt any person from regulations promulgated by the Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation.
[Chapter 1012, Subd. 3 amended by Ord. No. 04-03, effective March 29, 2004.]

HOW THIS ORDINANCE APPLIES:
Since the burning occurs OUTDOORS, this falls under Environmental Regulations. By every definition of the term, and based on (5) OPEN BURNING as written above, an outdoor wood boiler IS an open burn. An OWB has NO equipment which controls or abates the resultant combustion products. The emissions are ejected directly into the air, identical to an open burn. The "resultant combustion products (air contaminants) are emitted directly to the open atmosphere without passing through any adequate controlled equipment." Visually, there is no discernable difference between an open burn and the exhaust from an OWB. The end product is the same as it is in an open burn. The smoke is the same, the particulates are the same, everything is the same. Outdoor wood boilers violate current Oak Grove ordinance.

Additionally, the enclosure of an OWB does not necessarily prevent accidental fires. In fact, there are many news stories and fire reports indicating outdoor wood boilers as sources of grass fires and house fires. Many municipalities regulate the devices by requiring spark arrestors for basic fire safety.

We believe the INTENT and SPIRIT of combustible burning emission standards is to reduce harmful smoke and particulate matter ingestion, regardless of the source. If it walks like like a duck and quacks like a duck, IT'S A DUCK!!! To split hairs over the source of burning taking place is to ignore common sense and the reason for emission standards in the first place- to protect the people exposed to it.