ILLINOIS POLLUTION CONTROL

BOARD

November

8,

1972

In the Matter of:

Proposed Amendments

to

)

R 72—11

Open Burning Regulations))

ORDER

Notice of Proposed Final Draft having been duly

given and the Board being fully advised it is

ordered that Chapter

2:

Air Pollution,

Part V:

Open Burning of the Rules and Regulations of the

Illinois Pollution Control Board be amended

as

follows:

3

19~3

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ILLINOIS POLLUTION CONTROL BOARD

RULES AND REGULATIONS

Oh.

2:

AIR POLLUTION

PART V:

OPEN BURNING

501 Definitions

(a)

Agricultural Wastes: 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—

sp~—wa~e~and crop

residues but excluding landscape wastes.

(b)

Domicile Waste: Any refuse generated on single-family

domiciliary property as a result of domiciliary activities.

The

term

e~de~

excludes landscape waste,

t—exe~~eegarbage and

trade waste.

(c)

Garbage: Refuse resulting from the handling, processing

preparation,

cooking, and consumption of food or food products.

(d)

Landscape Waster

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 ~

(e)

Open

Burning:

The

combustion of any matter

in

such

a

way

th:~t

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

Act.

(f)

Refuse:

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.

(g)

Restricted Areas: The area within the boundaries

of any

umunjcip~lityITas defined in the Illinois Municipal Code,

plus

a

zone extending one mile beyond the boundaries of any such municipality

having

a population of 1,000 or more according to the latest federal

census.

(h)

Trade Waste: Any refuse resulting from the prosecution of

any

trade,

business,

industry, commercial venture, utility or service

activity,

and any government or institutional activity, whether or

not for profit.

The term includes landscape waste but excludes

agricultural waste.

502 Prohibitions

(a)

No person shall cause or allow open burning, except as provided.

in Rules 503,

504, and 505 of

this Part.

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200

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—2—

(b)

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.

503 Exemptions.

The followIng activities are not in violation of

Section

9(c)

of the Environmental Protection Act or of this

Part unless they cause air pollution as defined in the Act.

Nothing

in this Rule shall exempt such activities

from applicable

local

restrictions.

(a)

The

open

burning

of

agricultural

waste,

but

only:

(1)

on the premises on which such waste is generated;

and

(2)

in areas other than restricted areas;

and

(3)

when atmospheric conditions will readily dissipate

contaminants; and

(4)

if such burning does not create a visibility hazard

on roadways, railroad tracks,

or air fields;

(~)

more than 1000 feet from residential or other populated

areas;

and

(6)

when it can he affirmatively demonstrated that no

economically reasonable alternative method of disposal is

available.

(b)

The open burning of domicile waste, but only:

(1)

on the premises on which such waste

is generated;

and

(2)

in areas other than restricted areas;

and

(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;

~h~— ex ~‘tp~en-~a~—

a p~y—te—ras±den~-

4n-~ee~ed-a~ea~

~

(c)

The open burning of landscape waste, but only:

(1)

on the premises on which such waste

is generated;

and

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—3—

(2)

when atmospheric conditions will readily dissipate

contaminants; and

(3)

if such burning does not create

a visibility hazard

on roadways, railroad tracks or air fields

(4)

in

those

areas

of

the

State

which

are

not

in

the

following prohibited areas:

(i)

municipalities having a population

in excess

of 2,500 according to the latest Federal census.

(ii)

municipalities of any size

which

adjoin a

municipality having a population

in excess of 2,500.

(iii)

all municipalities wholly within 40 air mtles of

~eigs~iefd,

Chicago,

Illinois.

(iv)

all municipalities wholly within 20 air miles of

McKinley

Bridge

connecting

~

Venice,

Illinois.

(v)

rural

areas

1,000

feet

or

less

from

a

munici-

pality in which open burning of landscape waste is

prohibited.

(d)

-~e~ The

setting

of

fires

to

combat

or

limit

existing

fires,

when

reasonably

necessary

in

the

judgment

of

the

responsible

government

official.

(e)

-(d3

The

burning

of

fuels

for

legitimate

campfire,

recreational,

and coohing 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;

(f)

-(e+

The burning of waste gases, provided

that

in

tlie case of

—

refineries all such flares shall

be

ecuieped wit,h smokeless

tips of comparable devices to reduce pollution.

(g)

~E?+

Small open flames for heating tar,

for welding,

acetylene

—

torches, highway safety flares, and the like.

504 Permits

(a)

The Environmental Protection Agency nay grant permits

for

open burning

in

the

following instances:

(1)

For instruction in methods of fire fighting;

or

for

testing of equipment for extinguishing fires,

of flares,

and signals,

or of exeerimental incinerators,

or

for

research in control of

fires;

(2)

For

the

destruction

of

veqetatiorL

on

sI,t~

ii~~c~-

circun~

stances

in

w’.ich

its

removal

would

recansi

rate

:;iqnificana

environment:.

rtamaqe;

---

—4—

(3)

For

research

or

management

in

prairie

or

forest

ecology;

-~4+ P-a-deen-~-lan-w~e~7-prev~ded-that

-E±~-

~

~

~

~~ted-.at~ea7

-~

-fH~i+~

eun—det~--

~

(4)

For the burning of landscape waste in any area of

t.he

State

if such burning

is conducted with

the

aid of an air

curtain destructor

or

comparable

device

to

reduce

emissions

substantially;

and

does

not

occur

within

1,000

feet

of

any

residential or other populated area.

(5)

For the destruction of oil sludges in petroleum production

for safety reasons where alternative means including product

recovery are impracticable; provided, that when emergency

ccmn~itionsrecuire, such burning may be done without a permit,

and

a report shall he filed with the Agency within ten days,

thereafter, indicating the place and time of such burning,

the

quantities burned, the meteorological conditions, and the

reasons why e:orqcncy burning was necessary.

(h)

An application for a permit shall

be

in such form and shall

contain such

information

as

shall

be

required

in

procedures

adopted

by

the Agency.

Such application shall contain,

as a

minimum, data and information sufficient to inform the Agency

with respect to:

the exact quantities and types of material to

be burned;

the exact nature and exact quantities of air contaminant

emissions which will

result; the exact frequency, including date

where appropriate, when such burning will take place,

the exact

location of the burning site including

a map showing distances

to residences, populated areas, roadways, air fields,

etc; the

methods or actions which will be taken to reduce the emission of

air contaminants; the reasons why alternatives to open burning

are not available;

and the reasons why such burning

is necessary

to the public interest.

(c)

No

permit shall be granted unless the applicant proves to

the

satisfaction of the Agency that the open burning:

is

necessary to the public interest; will be conducted in such a

time, place and manner as to minimize the emission of air con-

taminants; will have no serious detrimental effect upon adjacent

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properties or the occupants thereof.

(d)

The

Agency

may impose such conditions in the permit as may

be necessary to accomolish the purposes of the Act or this part.

(e)

No

permit

shall

be

valid

for

longer

than

one

year.

Appli-

cations

for

renewal

of

a

permit

shall

be submitted to the Agency

at least 90 days prior to the expiration of the prior permit,

and shall conform to Rule 404 (b)

.

The standards for issuance

of renewal permits shall be as set forth in Rule 404(c).

(f)

Violation of any of the conditions of the permit shall be

grounds for revocation of the permit by the Agency,

as well as

for other

sanctions provided in the Act.

(g)

The Agency may revise any permit granted pursuant to this

Rule, or any condition contained in any such permit.

505 Explosive Waste

Open burning of wastes creating a hazard of explosion,

fire,

or

other serious harm,

unless authorized by other provisions in

this Part,

shall he permitted only upon application for and

grant of

a variance as provided by

the Act and by Chapter 1 of

these Eulos and Regulations.

506 Local Enforcement

It shall be the obligation

of local governments as well as of

the Environmental Protection Agency,

to enforce by appropriate

means the prohibitions

in this Part.

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204