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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Fire Protection District Act is amended by | ||||||
5 | changing Section 8.20 as follows:
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6 | (70 ILCS 705/8.20)
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7 | Sec. 8.20. Open burning.
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8 | (a) The board of trustees of any fire protection district | ||||||
9 | incorporated under
this Act may, by ordinance,
require that the | ||||||
10 | district be notified of open burning within the district
before | ||||||
11 | it takes
place, but shall not require that a permit for open | ||||||
12 | burning be
obtained from the
district. The district may
not | ||||||
13 | enforce an ordinance adopted under this Section within the | ||||||
14 | corporate limits
of a county with a population of 3,000,000 or | ||||||
15 | more or a municipality
with a population of 1,000,000 or more.
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16 | (b) The fire department of a fire protection district may | ||||||
17 | extinguish any
open burn that presents a clear, present, and | ||||||
18 | unreasonable danger to persons or
adjacent property or
that | ||||||
19 | presents an unreasonable risk because of wind, weather, or the | ||||||
20 | types of
combustibles. The
unreasonable risk may include the | ||||||
21 | height of flames, windblown embers, the
creation of hazardous
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22 | fumes, or an unattended fire. Fire departments may not | ||||||
23 | unreasonably interfere
with permitted and
legal open burning.
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1 | (c) The fire protection district may provide that persons | ||||||
2 | setting open burns
on
any agricultural
land with an area of 50 | ||||||
3 | acres or more may voluntarily comply with the
provisions of an | ||||||
4 | ordinance
adopted under this Section.
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5 | (d) The fire chief or any other designated officer of a | ||||||
6 | fire department of any fire protection district incorporated | ||||||
7 | under this Act may, with the authorization of the board of | ||||||
8 | trustees of the fire protection district, prohibit open burning | ||||||
9 | within the district on an emergency basis, for a limited period | ||||||
10 | of time, if (i) the atmospheric conditions or other | ||||||
11 | circumstances create an unreasonable risk of fire because of | ||||||
12 | wind, weather, or the types of combustibles and (ii) the | ||||||
13 | resources of the fire department are not sufficient to control | ||||||
14 | and suppress a fire resulting from one or more of the | ||||||
15 | conditions or circumstances described in clause (i) of this | ||||||
16 | subsection. For the purposes of this subsection, "open burning" | ||||||
17 | includes, but is not limited to, the burning of landscape | ||||||
18 | waste, agricultural waste, household trash, and garbage. | ||||||
19 | (e) The fire chief or any other designated officer of a | ||||||
20 | fire department of any fire protection district incorporated | ||||||
21 | under this Act may fix, charge, and collect fees associated | ||||||
22 | with the fire department extinguishing an open burning that is | ||||||
23 | prohibited under subsection (d) of this Section. The fee may be | ||||||
24 | imposed against any person causing or engaging in the | ||||||
25 | prohibited activity. The total amount collected for | ||||||
26 | compensation of the fire protection district shall be assessed |
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1 | in accordance with both the rates provided in Section 11f(c) of | ||||||
2 | this Act and the fire chief's determination of the cost of | ||||||
3 | personnel and equipment utilized to extinguish the fire. | ||||||
4 | This Section does not authorize the open burning of any | ||||||
5 | waste. The open burning of waste is subject to the restrictions | ||||||
6 | and prohibitions of the Environmental Protection Act and the | ||||||
7 | rules and regulations adopted under its authority. | ||||||
8 | (Source: P.A. 97-488, eff. 1-1-12.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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