Summary as Introduced
Creates the Local Government Open Burn Permit Act. Provides that any county or municipality may adopt ordinances or resolutions establishing requirements for permits issued by it under the Act and may enter into intergovernmental agreements to implement the Act. Allows the Environmental Protection Agency to propose and the Pollution Control Board to adopt rules. Requires any person seeking to perform an open burn in a municipality or county to obtain a local government open burn permit from the municipality or county, respectively, where the burn is taking place in addition to any applicable open burn permit from the Illinois Environmental Protection Agency under the Environmental Protection Act and rules adopted under that Act. Requires every county and municipality to create an online publicly-accessible platform that contains certain information. Provides that municipalities and counties may charge up to $5 for each local government open burn permit, with the proceeds to be used for fire protection purposes. Provides for enforcement by a State's Attorney or the Attorney General, or a city attorney for ordinance violations authorized by the Act, and for a penalty of up to $100,000 for a person who conducts an open burn without a local government open burn permit, and a penalty of up to $500,000 for a person who conducts an open burn on a no burn day without a local government open burn permit. Limits home rule powers and functions. Defines terms. Effective immediately.
Staff Analysis
House Bill 4459 creates the Local Government Open Burn Permit Act, a new regulatory framework that requires individuals to obtain local permits for open burning in addition to any existing state-level permits. Under this Act, any person wishing to conduct an open burn within a municipality must secure a permit from that municipality; if the burn is in an unincorporated area, the permit must be obtained from the county. The bill grants counties and municipalities the authority to adopt ordinances establishing specific permit requirements and allows them to enter into intergovernmental agreements for implementation. To facilitate this process, every county and municipality is required to create a publicly accessible online platform that includes a permit application form, a list of designated "no burn days," and a mechanism for the public to report unauthorized burns with photo or video evidence.
The legislation includes significant enforcement mechanisms and fiscal provisions, allowing local governments to charge a permit fee of up to $5, with the proceeds dedicated to fire protection purposes. Penalties for non-compliance are exceptionally high: individuals who conduct an open burn without a local permit face civil penalties of up to $100,000, which increases to a maximum of $500,000 if the burn occurs on a designated "no burn day." These penalties can be enforced by the State’s Attorney, the Attorney General, or city attorneys. Furthermore, the bill explicitly limits home rule powers, preventing local units of government from regulating open burning in any way that is inconsistent with the Act’s provisions.