HB1359 EnrolledLRB097 05235 RLJ 45285 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fire Protection District Act is amended by
5changing 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
9incorporated under this Act may, by ordinance, require that the
10district be notified of open burning within the district before
11it takes place, but shall not require that a permit for open
12burning be obtained from the district. The district may not
13enforce an ordinance adopted under this Section within the
14corporate limits of a county with a population of 3,000,000 or
15more or a municipality with a population of 1,000,000 or more.
16    (b) The fire department of a fire protection district may
17extinguish any open burn that presents a clear, present, and
18unreasonable danger to persons or adjacent property or that
19presents an unreasonable risk because of wind, weather, or the
20types of combustibles. The unreasonable risk may include the
21height of flames, windblown embers, the creation of hazardous
22fumes, or an unattended fire. Fire departments may not
23unreasonably interfere with permitted and legal open burning.

 

 

HB1359 Enrolled- 2 -LRB097 05235 RLJ 45285 b

1    (c) The fire protection district may provide that persons
2setting open burns on any agricultural land with an area of 50
3acres or more may voluntarily comply with the provisions of an
4ordinance adopted under this Section.
5    (d) The fire chief or any other designated officer of a
6fire department of any fire protection district incorporated
7under this Act may, with the authorization of the board of
8trustees of the fire protection district, prohibit open burning
9within the district on an emergency basis, for a limited period
10of time, if (i) the atmospheric conditions or other
11circumstances create an unreasonable risk of fire because of
12wind, weather, or the types of combustibles and (ii) the
13resources of the fire department are not sufficient to control
14and suppress a fire resulting from one or more of the
15conditions or circumstances described in clause (i) of this
16subsection. For the purposes of this subsection, "open burning"
17includes, but is not limited to, the burning of landscape
18waste, agricultural waste, household trash, and garbage.
19    This Section does not authorize the open burning of any
20waste. The open burning of waste is subject to the restrictions
21and prohibitions of the Environmental Protection Act and the
22rules and regulations adopted under its authority.
23(Source: P.A. 92-762, eff. 1-1-03.)