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.

    Back to top