ILLINOIS POLLUTION CONTROL
BOARD
December 20,
1995
IN THE MATTER OF:
)
SPECIAL WASTE HAULING
)
R95-1l
VEHICLE NUMBERS: AMENDMENT TO
)
(Rulemaking -Land)
35 ILL.
ADM. CODE 809.401.
)
Proposed Rule.
Second Notice.
OPINION
AND
ORDER OF THE BOARD
(by C.A. Manning):
On March
16,
1995,
at
the request of the Association of
Waste Hazardous Materials Transporters
(AWHMT), the Board
initiated this rulemaking which proposes to amend Section 809.401
(35 Ill. Adm. Code Part 809).
The proposal deletes the current
provision found at Section 809.401 and replaces it with new
language which would allow the owner/operators of vehicles that
transport special waste to maintain the special waste hauling
permit issued by tlie Illinois Environmental Protection Agency
(Agency) within the vehicle, rather than to require that a permit
number be displayed on the vehicle’s exterior.
This matter came before the Board on our
own
motion to amend
the “Vehicle Numbers” provision of the Special Waste Hauling
regulations in Section 809.401.
The proposed rule went into
first notice on September
7,
1995.
During the first notice
period, the Board received two public comments and we are now
proceeding to second notice.
After second notice, the Board will
proceed to final notice.
The Board’s responsibility in this matter arises from the
Environmental Protection Act
(Act)
(415 ILCS 5/1
et seq.
(1994)).
The Board is charged therein to “determine, define and implement
the environmental control standards applicable in the State of
Illinois (Section 5/5(b)).
More generally, the Board’s
rulemaking charge is based on the system of checks and balances
integral to Illinois environmental governance.
The Board bears
responsibility for the rulemaking and principal adjudicatory
functions; the Agency has primary responsibility for
administration of the Act and the Board’s regulations,
including
today’s proposed regulation.
By today’s action, the Board is adopting the proposed
amendments for the purpose of second notice, pursuant to the
Illinois Administrative Procedure Act
(5 ILCS 100/1-1
et
seq.
(1994))
-
This matter will now be filed with the Joint Committee
on Administrative Rules
(JCAR) for consideration by that body.