Full Text of HB1359 97th General Assembly
HB1359enr 97TH GENERAL ASSEMBLY |
| | HB1359 Enrolled | | LRB097 05235 RLJ 45285 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fire Protection District Act is amended by | 5 | | changing Section 8.20 as follows:
| 6 | | (70 ILCS 705/8.20)
| 7 | | Sec. 8.20. Open burning.
| 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.
| 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
| 22 | | fumes, or an unattended fire. Fire departments may not | 23 | | unreasonably interfere
with permitted and
legal open burning.
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| | | HB1359 Enrolled | - 2 - | LRB097 05235 RLJ 45285 b |
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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.
| 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 | | This Section does not authorize the open burning of any | 20 | | waste. The open burning of waste is subject to the restrictions | 21 | | and prohibitions of the Environmental Protection Act and the | 22 | | rules and regulations adopted under its authority. | 23 | | (Source: P.A. 92-762, eff. 1-1-03.)
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