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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 | 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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