AB 114

Open burning

Under current law, the Department of Natural Resources (DNR) regulates solid

waste management, including the open burning of solid waste. Open burning is

burning from which smoke is emitted directly into the air, without passing through

a chimney. Under current law, DNR issues citations (similar to traffic tickets) for

violations of certain laws, such as those regulating hunting, fishing, and littering.

As with most environmental laws, the Department of Justice enforces the laws

related to open burning by prosecuting violations in circuit court. This bill

authorizes DNR and local law enforcement officials to issue citations for violations

of laws or licenses regulating the open burning of solid waste.

Under the bill, there is no penalty connected with a citation for an open burning

violation that is committed within a year after the bill takes effect. After that, the

bill provides a maximum forfeiture (civil penalty) of $500 for an open burning

violation for which a citation is issued, except that the maximum forfeiture is $5 for

a first offense involving a person burning limited amounts of residential solid waste

on the person's own property. In addition, the bill exempts a person who is subject

to the $5 maximum forfeiture from the crime laboratories and drug law enforcement

surcharge, the the jail surcharge, the penalty surcharge, the court support services

surcharge, and the justice information system surcharge.

Waste tires

Under current law, DNR issues operating licenses and approves plans of

operation for facilities at which solid waste is stored, treated, or disposed of. This bill

authorizes DNR to issue a citation to a person who operates a solid waste facility at

which waste tires are stored, treated, or disposed of without a license or in violation

of an approved plan of operation.