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Public Act 098-0279
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| SB1417 Enrolled | LRB098 07609 OMW 37681 b |
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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. |
(e) The fire chief or any other designated officer of a |
fire department of any fire protection district incorporated |
under this Act may fix, charge, and collect fees associated |
with the fire department extinguishing an open burning that is |
prohibited under subsection (d) of this Section. The fee may be |
imposed against any person causing or engaging in the |
prohibited activity. The total amount collected for |
compensation of the fire protection district shall be assessed |
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in accordance with both the rates provided in Section 11f(c) of |
this Act and the fire chief's determination of the cost of |
personnel and equipment utilized to extinguish the fire. |
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. 97-488, eff. 1-1-12.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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