ILLINOIS POLLUTION CONTROL BOARD
    November 7, 1985
    IN THE MATTER OF~
    )
    )
    FINANCIAL ASSURANCE FOR CLOSURE
    )
    AND POST—CLOSURE CARE OF WASTE
    ) R84-22C
    DISPOSAL SITES (ECONOMIC IMPACT
    )
    OF TEMPORARY REGULATIONS AND
    )
    ADOPTION OF FINAL REGULATIONS)
    )
    RESOLUTIONIN RESPONSE TO JCAR REQUEST.
    RESOLUTION OF THE BOARD (by J. Anderson):
    This matter concerns the adoption of permanent regulations
    implementing the financial assurance requirement for non-
    hazardous waste 1endfilis. These regulations will replace
    temporary reguiac:Lons earlier adopted, pursuant to Section 27(b)
    of the Environmer~La1Protection Act (Act), without an economic
    impact study (EcES).
    On September 5, 1985, the Board adopted an Opinion and Order
    sending these R64-22C regulations to Second Notice without change
    from the temporary regulations
    adopted in R84-22B.
    On September
    13, 1985, the
    Joint
    Committee on Administrative
    Rules (JCAR)
    received the second notice from the Board. JCAR placed the
    matter on its Agenda for October 16) 1985. A Board
    representative attended JCAR’s October 16 meeting, but was not:
    questioned.
    In a letter to the Board dated October 22, 1985, JCAR
    confirmed that it had considered this matter at the October 16
    meeting. However, JCAR voted to postpone consideration to
    its
    next meeting, which is tentatively scheduled for November 14,
    1985. JCAR acknowledged that the second notice period expired on
    October 28, 1985 and that the Board is legally free to adopt and
    file the regulations. However, JCAR asked the Board to refrain
    from adopting its regulations until after JCAR had completed iLs
    consideration.
    The Board will accede to JCAR’s request to delay final
    action until after November 14. However, the Board notes that
    this delay places the Board in a tight time—frame for fulfilling
    its obligations to assure that there are ongoing effect:ive rules
    in place pursuant to Section 21.1 of the Act,
    As noted above, this matter concerns the adoption of
    regulations following receipt of an EcIS. Section 27 of the Act
    limits the effectiveness of the temporary regulations to 180 days
    after the EcIS is filed. The EcIS in this matter was filed on
    May 29, 1985, and the temporary regulations will expire on
    November 25, l985~, Because of the procedural and format
    requirements for final adoption and filing of regulations, taking
    66-387
    —2-
    all necessary steps between November 14 and November 25 will
    place a significant strain on Board staff. In addition, it may
    be necessary for the Board to schedule a special meeting prior to
    its regularly scheduled meeting on November 21 in order to get
    the regulations into the mail sufficiently far in advance to
    allow for Administrative Code Unit review prior to the last day.
    In postponing its action, the Board trust~ it can rely upon
    the staff of JCAR to give timely assistance where needed,
    particularly concerning any necessary interactions with the
    Administrative Code Unit.
    IT IS SO RESOLVED.
    J.
    D. Dumelle concurred,
    I, Dorothy
    M~Gunn, Clerk of the Illinois Pollution Control
    Board, hereby
    certify that the above
    Resolution was adopted on
    the
    __________
    day of
    ~
    1985 by a
    vote
    Dorothy M. Gunn, Cler~
    Illinois Pollution Control Board
    66-388

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