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93.08 BURNING OF MATERIALS (Village of East Dundee)
(A) A person shall not cause or allow open burning, except as provided for herein. The person responsible herein shall be the owner or occupant of the affected premises.
(B) Open burning shall be allowed without prior notification to the code official for recreational fires, highway safety flares, smudge pots and similar occupational needs, camp fires used primarily for cooking and fires used to burn leaves and yard waste; provided, however, that open burning shall only be permitted under this division (B) in residential districts by an owner or occupant, and that the burning of landscape waste as such term is defined in 35 Ill. Admin. Code 237 (§ 239.101), as amended from time to time, hereunder shall only be permitted for materials produced on-site, shall only be permitted during the calendar months of October and November, and open burning under this section shall be allowed between the hours of 10:00 a.m. and 6:00 p.m. Burning of landscape waste at any other time shall be a violation of this section.
(C) Open burning shall be allowed after obtaining a permit or other proper authorization from the code official for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, heating for warmth of outworkers and a bonfire. The code official, as defined, shall be the Chief of Police or other designated authority.
(D) A bonfire shall only be allowed when the conditions of state law are met.
(E) A bonfire shall be no more than five feet (1,524 mm) by five feet (1,524 mm) by five feet (1,524 mm) in dimension and shall burn not longer than three hours. The site and duration of a bonfire shall only be increased by the code official when it is determined that fire safety requirements of the situation and the desirable duration of the burn warrant increase.
(F) Fuel for a bonfire shall consist only of seasoned dry firewood and be ignited with a small quantity of paper. The fire shall not be used for waste disposal purposes and the fuel shall be chosen to minimize the generation of air contaminants.
(G) All permits shall be requested by and issued to the owner or occupant of the land upon which the bonfire is to be kindled.
(H) Open burning shall be allowed with prior notification to the code official and upon receipt of written permission from the jurisdictional EPA (Environmental Protection Agency) authority, provided that any conditions specified in the permission are followed, for disposal of hazardous or toxic material where the EPA determines that there is no practical alternative method of disposal, instruction in methods of firefighting or for research in control of fires, in emergency or other extraordinary circumstances for any purpose determined to be necessary by the EPA, disposal of landscape waste other than residential and agricultural waste and recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production. When jurisdiction EPA written permission is not applicable, the code official shall give written permission only after it has been determined that approved fire safety requirements and emission standards are to be met.
(I) Applications for open burning shall be submitted, in writing, at least five days before the fire is set and shall be in the form and contain information as required by the code official. The applications shall contain, as a minimum, information regarding the purpose of the proposed burning, the nature and quantities of material to be burned, the date when the burning will take place and the location of the burning site.
(J) The location for any open burning shall be not less than 30 feet (9,144 mm) from any structure and provisions shall be made to prevent the fire from spreading to within 30 feet of any structure. Fires in approved containers shall be permitted to be not less than 15 feet (4,572 mm) from any structure.
(K) Open burning shall not be used for waste, except as permitted under state law for leaf and yard waste fires and except as may be expressly permitted by the code official.
(L) Any open burning shall be constantly attended until the fire is extinguished. Fire extinguishing equipment shall be available for immediate use.
(M) The code official shall prohibit open burning which will be offensive or objectionable due to smoke or odor emissions when atmospheric conditions or local circumstances make the fires hazardous. The code official shall order the extinguishment by the permit holder or the Fire Department of any open burning which creates or adds to a hazardous or objectionable situation.
(N) No person shall burn any material contrary to the provisions of the Illinois Environmental Protection Act.
(1981 Code, § 12.08) (Ord. 93-13, passed 10-18-1993; Am. Ord. 96-03, passed 1-16-1996; Am. Ord. 99-33, passed 10-4-1999) Penalty, see § 93.99