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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 | | (e) The fire chief or any other designated officer of a |
| 20 | | fire department of any fire protection district incorporated |
| 21 | | under this Act may fix, charge, and collect fees associated |
| 22 | | with the fire department extinguishing an open burning that is |
| 23 | | prohibited under subsection (d) of this Section. The fee may be |
| 24 | | imposed against any person causing or engaging in the |
| 25 | | prohibited activity. The total amount collected for |
| 26 | | compensation of the fire protection district shall be assessed |
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| 1 | | in accordance with both the rates provided in Section 11f(c) of |
| 2 | | this Act and the fire chief's determination of the cost of |
| 3 | | personnel and equipment utilized to extinguish the fire. |
| 4 | | This Section does not authorize the open burning of any |
| 5 | | waste. The open burning of waste is subject to the restrictions |
| 6 | | and prohibitions of the Environmental Protection Act and the |
| 7 | | rules and regulations adopted under its authority. |
| 8 | | (Source: P.A. 97-488, eff. 1-1-12.)
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| 9 | | Section 99. Effective date. This Act takes effect upon |
| 10 | | becoming law.
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