Do You Have a Burning Question%3F The Facts About Open Burning in Illinois

              Illinois Environmental
Protection Agency
State of Illinois
Environmental Protection Agency
Department of Commerce and Economic Opportunity
What is open burning?
Open burning is the combustion of any matter in the open or in an
open dump. 415 ILCS 5/3.300.
Who regulates open burning?
The Illinois Pollution Control Board (Board) and the Illinois
Environmental Protection Agency (Illinois EPA or Agency)
regulate open burning.
Pursuant to 415 ILCS 5/9(c):
No person shall cause or allow the open burning of refuse, conduct any salvage
operation by open burning, or cause or allow the burning of any refuse in any
chamber not specifically designed for the purpose and approved by the
Agency…except that the Board may adopt regulations permitting open burning
of refuse in certain cases.
Local (counties or municipalities, i.e., villages, towns, or
cities) authorities/ governmentsmay also regulate open burning
in areas where they have jurisdiction.
State law or regulation does not override local prohibitions or limitations on
open burning. Local ordinances may be more restrictive and must be followed.
Local ordinances may require that additional permits be obtained.
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The Basics on Open Burning
Open burning permits are issued for the following burning
activities: (the applicant must complete and submit the
appropriate application form)
Fire Fighter Training/Fire Extinguisher Training
Application for Open Burning Permit (Form APC 325)
Notice of Demolition & Renovation Form (APC 430)
Illinois Historic Preservation Agency (IHPA) Submittal &
Clearance Form
Landscape Waste w/Air Curtain Destructor
Application for Open Burning Permit (Form APC 325)
Prairie & Ecological Landscape Burns
Application for Open Burning Permit (Form APC 325)
Disaster Debris Open Burning
Disaster Area Open Burning Permit Application Form
Illinois Laws and Regulations on Open Burning Allow the
Following Activities Without a Permit:
Cooking and campfires are allowed on private property and in
public areas where specified.
The Following Activities are Never Allowed or Permitted:
Open burning of waste by a business is illegal (except for landscape
waste generated to maintain the property and agricultural waste
generated on the property under limited circumstances). Examples
of waste that can never be burned: commercial waste, garbage
(i.e., food, food scraps, food packaging, and diapers), construction/
demolition debris, tires, and materials containing asbestos. Open
burning of garbage, construction/demolition debris, tires, and
materials containing asbestos is always prohibited.
If you live in any Illinois town or within one mile of a town with a
population of 1,000 or more:
It is illegal to burn anything except for landscape waste. Local
ordinances may be more restrictive and must be followed.
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Firefighter Training/
Fire Extinguisher
Training
• An Open Burning Permit must be
obtained from the Illinois EPA.
• Houses donated for Firefighter Training/Fire Extinguisher Training
must be free-standing establishments.
– Structures already demolished and/or debris are not eligible for
donation to fire departments and may not be burned.
• Structures are required to have an asbestos inspection - all
asbestos containing materials must be removed prior to the
burn.
Prairie & Ecological
Landscape Burns
Prescribed Burning means the
planned application of fire to natural
or planted vegetative fuels under
specified environmental conditions
and following appropriate precau-tionary
measures, which caused the fire to be confined to a
predetermined area and accomplish the planned land management
or ecological objectives – pursuant to Illinois Department of Natural
Resources (Illinois DNR).
It is recommended that “prescribed” burns be conducted between
October 1 and April 30 - the time frame established for prescribed
burns in central Illinois by Illinois DNR.
Burn Managers should develop a prescribed burn plan. Example
plans are available from Illinois DNR: http://dnr.state.il.us/, or Natural
Resources Conservation Services: http://www.nrcs.usda.gov/
• An Open Burning Permit must be obtained from the Illinois EPA.
• Local ordinances may be more restrictive and must be followed.
Such ordinances may require additional permits. Please check
with the county and unit of local government where the
prescribed burn will occur.
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Prescribed Burning and Smoke Management:
Prescribed burning should be conducted in accordance with
Illinois EPA approved permit conditions and follow applicable
standard conditions, as well as any special conditions outlined in
the Open Burning Permit.
Smoke Management: For the purpose of Smoke Management
“prescribed” burns managed for resource benefits should be
conducted in accordance with guidance outlined in the Draft Illinois
Smoke Management Program. Smoke management components
in burn plans should include:
• Actions to minimize prescriptive fire emissions,
• Methods for evaluating smoke dispersion, including using
National Weather Service daily fire weather planning forecast
information and a dispersion index,
• Public notifications and exposure reduction procedures, and
• Air quality monitoring of sensitive receptors.
Burn Managers in non-attainment areas of the state should use the
Air Quality Index to monitor daily air quality conditions and delay
burning on “Orange” or worse “Air Pollution Action Days”:
http://www.epa.state.il.us/air/index.html
Agricultural Waste
& Open Burning
Agricultural Waste: Is any refuse
generated on site on a farm or ranch
by crop and livestock production
practices including such items as
bags, cartons, dry bedding,
structural materials, and crop residues - excluding garbage, dead
animals, buildings, corn cribs, and landscape waste.
Agriculture waste may be burned if the following criteria
are met:
• Open burning is restricted to the site where the waste is
generated (35 Ill. Adm. Code 237.120 (a)(1))
• Open burning is not allowed in restricted areas.
• Restricted area is any city, village, or incorporated township
plus a zone extending one mile beyond the boundaries when
there is a population of 1,000 or more. (35 Ill. Adm. Code
237.101)
• Open burning is prohibited if it hampers visibility on roadways,
railroad tracks, or airfields.
• Open burning must be more than 1,000 feet from residential or
other populated areas.
• The owner/operator must show that no reasonable and economic
alternative method of disposal is available. (35 Ill. Adm. Code
237.120(a)(6))
• Local ordinances may be more restrictive and must be followed.
Landscape Waste & Open Burning
Landscape waste: Is leaves, grass, tree limbs, shrubbery cuttings,
and other materials accumulated as the result of the care of lawns,
shrubbery, vines, and trees.
Is it illegal to burn leaves in Illinois?
It depends on the local laws and ordinances
as units of local governments have the
authority to impose limitations on burning
landscape waste including limiting the hours
when such burning may occur, types of
material allowed, as well as a total ban of open
burning (e.g., leaf-burning ban). There is no
state law or regulatory ban on leaf burning,
however, local laws and ordinances govern.
While there are no state laws that prohibit open burning of
landscape waste, restrictions do exist:
• If allowed by local authorities/governments, leaves may only
be burned on the site where they are generated, or at sites
provided and supervised by a local government.
• Local governments may ban the open burning of landscape
waste and other materials.
• Local governments may regulate burning by specifying times
and/or weather conditions during which open burning may
occur.
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5
Commercial/Trade Waste & Open Burning
Commercial Waste: Is waste generated by a business, industry,
and government institutions.
• It is illegal to burn commercial waste in the state of Illinois,
except for landscape and agriculture waste generated on the
property and under limited circumstances.
• Landscape waste generated for the purpose of clearing land
for new development/business is a trade waste and may only
be burned with an air curtain incinerator and after obtaining the
appropriate permits.
• Local ordinances may be more restrictive and must be followed.
Disaster Debris &
Open Burning
Disaster Debris: Is tree limbs,
brush, natural wood and plant
debris, agricultural waste (bags,
cartons, dry bedding, structural
materials and crop residue),
canvass sandbags, clean wood
building debris, and lumber.
Disaster debris may be burned if the following criteria are met:
• If the Governor of Illinois or the President of the United States
declares a major disaster. (20 ILCS 3305/11)
– The area(s) in which the major disaster has been declared are defined.
(20 ILCS 3305/11)
• Once a disaster is declared, open burning of disaster debris may
occur through the Disaster Area Open Burning Permit Application
process along with adherence to local laws and regulations.
Does the burning of all disaster debris require an open
burning permit?
No, the following disaster debris does not require an open burning
permit
• Tree limbs, brush, natural wood, and plant debris may be burned;
(1) On the site where they are generated, and
(2) At community sites under supervision of the local government.
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• Agricultural waste such as bags, cartons, dry bedding, structural
materials and crop residue may also be burned on the site
where they are generated.
• Local governments (counties or municipalities, i.e., villages,
towns, or cities) may also regulate open burning, and those rules
govern if they are more restrictive. State law and regulation
does not override local prohibitions or limitations on open
burning.
When is a permit required when burning disaster debris?
The following types of disaster debris require an open burning permit:
• Clean wood building debris, lumber, and canvas sandbags –
regardless of site where such waste is generated.
• If using an Air Curtain Destructor, the owner or operator must
obtain an open burning permit from the Illinois EPA pursuant to
35 Ill. Adm. Code Part 237 and comply with the requirements
for local siting, if applicable, as set forth in Section 39.2 of the
Act (415 ILCS 5/39.2). Note that under the Emergency Power
Act, the Governor may suspend the requirements for a permit
and siting when an area has been declared a disaster.
Is a Disaster Area Open Burning Permit always required
during declared disasters?
• Unless otherwise indicated above, or the requirement for such
permits is suspended by the Governor, open burning permits
are required from the Illinois EPA during times of declared
disasters.
• Local governments may likewise exempt all or part of local
prohibitions and local permit requirements during declared
disasters. Local governments cannot suspend the requirement
to obtain an open burning permit from the Illinois EPA.
• Units of local government can apply for multiple burn locations
under a single permit application, and are encouraged to do so.
• Applicants other than units of local government can also
apply for multiple burn locations under a single permit if the
applicant provides proof in the application that the proposed
activities have been coordinated with the unit of local
government and the local Fire Protection District.
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Under no circumstances is open burning of asbestos
containing materials and tires allowed!
• If permit is required, complete a Disaster Area Open Burning
Permit Application Form found at
http://www.epa.state.il.us/air/permits/openburn/index.html
• FAX completed form to (217) 524-5023.
• The Illinois EPA typically issues Disaster Area Open Burning
Permits within 1 - 2 days after receipt of the application; however,
upon request the Illinois EPA can expedite permits in the event
of an emergency.
• Disaster Area Open Burning Permits are typically issued for a
short period (e.g., covering from 30 to 90 days) after which time
they expire.
GENERAL CONDITIONS for the Open Burning of Disaster Debris
1. Coordinate the burn with the local Fire Protection District.
2. Conduct the burn when the wind is blowing away from roadways,
railroad tracks, airfields, and populated areas.
3. Provide on-site supervision of the burn location.
4. Burning occur only from approximately 9 am to 6 pm to get the
best natural smoke dispersion conditions
Woodstoves
Are Woodstoves prohibited in Illinois?
• The use of woodstoves is not prohibited in
Illinois; however, the type of materials that
may be burned as a fuel and the manner
in which such stoves may be operated is
limited to the fuels and the operation and
maintenance procedures specified by the
manufacturer of the stove.
• Local governments have the authority to
adopt ordinances limiting or prohibiting this
type of activity.
• Local ordinances may be more restrictive and must be followed.
8
Obtaining an Open Burning Permit
Where do I go to find open burning permit applications?
To view open burning permit information and obtain applications,
go to http://www.epa.state.il.us/air/permits/openburn/index.html
For other state environmental information, go to
http://www.epa.state.il.us/index.html
Are there standard conditions that must be followed
when burning pursuant to an open burning permit?
Yes, these “Standard Conditions for Open Burning” are found at:
http://www.epa.state.il.us/air/stateforms/171-apc.pdf
Is there a fee for open burning permits?
No, open burning permits are free.
Where do I send in my open burning permit application?
Open burning permit applications may be mailed to:
Illinois EPA, Bureau of Air
1021 N. Grand Ave East
P.O. Box 19276
Springfield, IL 62794-9276
When can I expect to receive my open burning permit?
The Illinois EPA has ninety days (90) by law to issue open burning
permits.
Do I need a separate permit for each burn site?
Permit applicants may apply for multiple burn locations under a
single permit application.
When does my open burning permit expire?
Permits are typically issued for a term of one year, after which time
they expire.
How do I renew my open burning permit?
The renewal application should be sent to the Illinois EPA at least
90 days prior to expiration of the current permit.
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Contact Information
For Questions Please Contact the:
Bureau of Air Permit Section • 217-782-2113
Or
Illinois Small Business Environmental Assistance Helpline
800-252-3998
Copies of this publication may be requested by calling the Illinois
Small Business Environmental Assistance Helpline above or visiting
www.epa.state.il.us.
Open Burning Permit forms may be found at:
www.epa.state.il.us/air/permits/openburn/
Who Should You Contact If You Suspect Illegal Burning?
Your local government is authorized to enforce the general
prohibition against open burning. Local law enforcement
officials have the authority to enforce the prohibitions against
the open burning of wastes and often are the best option for a
timely response.
If you suspect illegal burning, you should first contact your local
law enforcement agency.
The local field office of the Illinois Environmental Protection
Agency may also be contacted at the following:
Last Revised: April 2011
9511 W. Harrison Street
DesPlaines, IL 60016
(847) 294-4000
5415 North University
Peoria, IL 61614
(309) 693-5463
4302 North Main Street
Rockford, IL 61103
(815) 987-7760
1021 North Grand Avenue East
Springfield, IL 62794-9276
(217) 557-8761
2125 South First Street
Champaign, IL 61820
(217) 278-5800
2009 Mall Street
Collinsville, IL 62234
(618) 346-5120
700 E. Norris Dr., Rm. 339
Ottawa, IL 61350.
815-433-712412
2309 W. Main Street
Marion, IL 62959
(618) 993-7200
1630 Fifth Avenue
Moline, IL 61265
(309) 797-3341
Illinois Environmental Protection Agency
Bureau of Air Permit Section
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
217-782-2113 or 217-524-0636
Illinois Department of
Commerce and Economic Opportunity
Small Business Environmental Assistance Program
500 East Monroe Street
Springfield, Illinois 62701-1615
800-252-3998
Printed by Authority of the State of Illinois
W.O. 11-039 10M 4/11 IOCI 623-11