The following activities are not in violation of this Chapter unless they cause air pollution as defined in the Act of the Environmental Protection Agency 1 :
A. Agricultural Waste: The open burning of agricultural waste, but only:
1. On the premises on which such waste is generated;
2. In areas other than restricted areas;
3. When atmospheric conditions will readily dissipate contaminants;
4. If such burning does not create a visibility hazard on roadways, railroad tracks or air fields;
5. More than one thousand feet (1,000') from residential or other populated areas; and
6. When it can be affirmatively demonstrated that no economically reasonable alternative method of disposal is available.
B. Combat Of Existing Fires: The setting of fires to combat or limit existing fires, when reasonably necessary in the judgment of the responsible government official.
C. Recreational And Domestic Burning: 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.
D. Waste Gases: 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.
E. Torches And Flares: Small open flames for heating tar, for welding, acetylene torches, highway safety flares and the like. (Ord. 89-13, 7-10-1989)
F. Burning Of Yard Waste:
1. Definition: As used herein, "yard waste" includes and is limited to leaves, wood chips, grass clippings, garden waste such as dry weeds and stalks, and tree and shrub branches and twigs.
2. Burning Of Yard Waste–When Permitted: Burning of yard waste is permitted only on even-numbered days and only in accordance with the regulations set forth in subsection F3 of this Section. Burning of yard waste other than in accordance with subsection F3 hereof is hereby declared a nuisance.
3. Regulations Governing Burning Of Yard Waste: The following regulations govern the burning of yard waste:
a. Burning of yard waste is prohibited prior to seven o'clock (7:00) A.M. and after seven o'clock (7:00) P.M. or sunset, whichever is earlier. Burning is prohibited on all odd-numbered days. Each fire must be completely extinguished during times when burning is prohibited.
b. Burning of yard waste is prohibited when there is no wind movement or when winds could constitute a hazard of airborne sparks or embers which would spread fires.
c. Burning of yard waste must be personally supervised at all times by a person at least fourteen (14) years of age.
d. Persons burning yard waste shall do so with due regard for the safety of others and shall take appropriate precautions to ensure that the fire is and can be contained at all times.
e. Burning of yard waste which has a moisture content that will not allow for an open and visible flame is prohibited.
f. Burning of yard waste which has been chemically treated or which produces noxious odors is prohibited.
g. Burning or dumping of yard waste on public property, including, but not limited to, streets, sidewalks and alleys, is prohibited.
h. Burning of yard waste emitting excessive smoke, thereby creating a visibility hazard, including, but not limited to, a hazard on any roadway, sidewalk or private drive, is prohibited at all times.
4. Enforcement: The Village Police Department is charged with the responsibility of monitoring and enforcing subsection F of this Section. The Village Police Department may order the extinguishment of any fire which, in the opinion of the officer on duty, violates the regulations of subsection F3 of this Section. (Ord. 96-16, 10-28-1996)
Notes
| 1 | 1. S.H.A. 415 ILCS 5/1 et seq. |