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| Public Act 097-0488 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fire Protection District Act is amended by | ||||
changing Section 8.20 as follows:
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(70 ILCS 705/8.20)
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Sec. 8.20. Open burning.
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(a) The board of trustees of any fire protection district | ||||
incorporated under
this Act may, by ordinance,
require that the | ||||
district be notified of open burning within the district
before | ||||
it takes
place, but shall not require that a permit for open | ||||
burning be
obtained from the
district. The district may
not | ||||
enforce an ordinance adopted under this Section within the | ||||
corporate limits
of a county with a population of 3,000,000 or | ||||
more or a municipality
with a population of 1,000,000 or more.
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(b) The fire department of a fire protection district may | ||||
extinguish any
open burn that presents a clear, present, and | ||||
unreasonable danger to persons or
adjacent property or
that | ||||
presents an unreasonable risk because of wind, weather, or the | ||||
types of
combustibles. The
unreasonable risk may include the | ||||
height of flames, windblown embers, the
creation of hazardous
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fumes, or an unattended fire. Fire departments may not | ||||
unreasonably interfere
with permitted and
legal open burning.
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(c) The fire protection district may provide that persons | ||
setting open burns
on
any agricultural
land with an area of 50 | ||
acres or more may voluntarily comply with the
provisions of an | ||
ordinance
adopted under this Section.
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(d) The fire chief or any other designated officer of a | ||
fire department of any fire protection district incorporated | ||
under this Act may, with the authorization of the board of | ||
trustees of the fire protection district, prohibit open burning | ||
within the district on an emergency basis, for a limited period | ||
of time, if (i) the atmospheric conditions or other | ||
circumstances create an unreasonable risk of fire because of | ||
wind, weather, or the types of combustibles and (ii) the | ||
resources of the fire department are not sufficient to control | ||
and suppress a fire resulting from one or more of the | ||
conditions or circumstances described in clause (i) of this | ||
subsection. For the purposes of this subsection, "open burning" | ||
includes, but is not limited to, the burning of landscape | ||
waste, agricultural waste, household trash, and garbage. | ||
This Section does not authorize the open burning of any | ||
waste. The open burning of waste is subject to the restrictions | ||
and prohibitions of the Environmental Protection Act and the | ||
rules and regulations adopted under its authority. | ||
(Source: P.A. 92-762, eff. 1-1-03.)
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