(a) Definitions. The following words, terms and phrases, when used in this section shall have the meaning ascribed to them in this paragraph, except where the context clearly indicates a different meaning:
(1) “Agricultural waste” means any refuse, except garbage and dead animals, generated on a farm or ranch by crop and livestock production practices including such items as bags, cartons, dry bedding, structural materials and crop residues but excluding landscape wastes.
(2) “Garbage” means refuse resulting from the handling, processing, preparation, cooking, and consumption of food or food products.
(3) “Landscape waste” means any vegetable or plant refuse, except garbage and agricultural waste. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.
(4) “Open burning” means the combustion of any matter in such a way that the products of the combustion are emitted to the open air without originating in or passing through equipment for which a permit could be issued under section 9(b) of the Environmental Protection Act of Illinois (415 ILCS 5/9(b)).
(5) “Refuse” means any discarded matter; or any matter which is to be reduced in volume, or otherwise changed in chemical or physical properties, in order to facilitate its discard, removal or disposal.
(b) Prohibitions.
(1) No person shall cause or allow open burning, except as provided in this section.
(2) No person shall cause or allow the burning of any refuse in any chamber or apparatus unless such chamber or apparatus is designed for the purpose of disposing of the class of refuse being burned.
(c) Explosive Waste. Open burning of wastes creating a hazard of explosion, fire or other serious harm, shall be permitted only upon application for and grant of variance as provided by the Environmental Protection Act of Illinois (415 ILCS 5/1 et seq.) and by the Illinois Pollution Control Board's Procedural Rules (35 Ill. Adm. Code: Subtitle A, Chapter I).
(d) Exemptions. The following activities are not in violation of paragraph (b) of this section unless they cause air pollution as defined in the Illinois Environmental Protection Act (415 ILCS 5/1 et seq.):
(1) The open burning of landscape waste, but only:
A. By a municipality charged by the State with disposal of such landscape waste;
B. When atmospheric conditions will readily dissipate contaminates; and
C. That such burning does not create a visibility hazard on roadways, railroad tracts or air fields.
(2) The setting of fires to combat or limit existing fires, when reasonably necessary in the judgment of the responsible government official.
(3) The burning of fuels for legitimate campfire, recreational and cooking purposes, or in domestic fireplaces, in areas where such burning is consistent with other laws, provided that no garbage shall be burned in such cases.
(4) The burning of waste gases, provided that in the case of refineries all such flares shall be equipped with smokeless tips or comparable devices to reduce pollution.
(5) Small open flames for heating tar, for welding, acetylene torches, highway safety flares and the like.
(6) The setting of fires by the Martinsville Fire Protection District for training purposes.
(Ord. 2016-01-2. Passed 1-13-16.)
Statutory reference:
Definitions pertaining to open burning, see 35 Ill. Adm. Code: Subtitle B, Chapter I, Subchapter i, Part 237, Subpart A