Sen. Michael Noland
Filed: 3/15/2013
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1 | AMENDMENT TO SENATE BILL 1417
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2 | AMENDMENT NO. ______. Amend Senate Bill 1417 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | extinguish any
open burn that presents a clear, present, and | ||||||
2 | unreasonable danger to persons or
adjacent property or
that | ||||||
3 | presents an unreasonable risk because of wind, weather, or the | ||||||
4 | types of
combustibles. The
unreasonable risk may include the | ||||||
5 | height of flames, windblown embers, the
creation of hazardous
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6 | fumes, or an unattended fire. Fire departments may not | ||||||
7 | unreasonably interfere
with permitted and
legal open burning.
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8 | (c) The fire protection district may provide that persons | ||||||
9 | setting open burns
on
any agricultural
land with an area of 50 | ||||||
10 | acres or more may voluntarily comply with the
provisions of an | ||||||
11 | ordinance
adopted under this Section.
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12 | (d) The fire chief or any other designated officer of a | ||||||
13 | fire department of any fire protection district incorporated | ||||||
14 | under this Act may, with the authorization of the board of | ||||||
15 | trustees of the fire protection district, prohibit open burning | ||||||
16 | within the district on an emergency basis, for a limited period | ||||||
17 | of time, if (i) the atmospheric conditions or other | ||||||
18 | circumstances create an unreasonable risk of fire because of | ||||||
19 | wind, weather, or the types of combustibles and (ii) the | ||||||
20 | resources of the fire department are not sufficient to control | ||||||
21 | and suppress a fire resulting from one or more of the | ||||||
22 | conditions or circumstances described in clause (i) of this | ||||||
23 | subsection. For the purposes of this subsection, "open burning" | ||||||
24 | includes, but is not limited to, the burning of landscape | ||||||
25 | waste, agricultural waste, household trash, and garbage. | ||||||
26 | (e) The fire chief or any other designated officer of a |
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1 | fire department of any fire protection district incorporated | ||||||
2 | under this Act may fix, charge, and collect fees associated | ||||||
3 | with the fire department extinguishing an open burning that is | ||||||
4 | prohibited under subsection (d) of this Section. The fee may be | ||||||
5 | imposed against any person causing or engaging in the | ||||||
6 | prohibited activity, or the owner of the property on which the | ||||||
7 | open burning took place who has actual knowledge that the | ||||||
8 | prohibited activity is occurring. The total amount collected | ||||||
9 | for compensation of the fire protection district shall be | ||||||
10 | assessed in accordance with both the rates provided in | ||||||
11 | subsection (c) of Section 11f of this Act and the fire chief's | ||||||
12 | determination of the cost of personnel and equipment utilized | ||||||
13 | to extinguish the fire. | ||||||
14 | This Section does not authorize the open burning of any | ||||||
15 | waste. The open burning of waste is subject to the restrictions | ||||||
16 | and prohibitions of the Environmental Protection Act and the | ||||||
17 | rules and regulations adopted under its authority. | ||||||
18 | (Source: P.A. 97-488, eff. 1-1-12.)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
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