(415 ILCS 5/22.40)
Sec. 22.40.
Municipal solid waste landfill rules.
(a) In accordance with Sec. 7.2, the Board shall adopt rules that
are identical in substance to federal regulations or amendments thereto
promulgated by the Administrator of the United States Environmental Protection
Agency to implement Sections 4004 and 4010 of the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580) insofar as those regulations relate to a
municipal solid waste landfill unit program. The Board may consolidate into
a single rulemaking under this Section all such federal regulations adopted
within a period of time not to exceed 6 months. Where the federal regulations
authorize the State to adopt alternative standards, schedules, or procedures to
the standards, schedules, or procedures contained in the federal regulations,
the Board may adopt alternative standards, schedules, or procedures under
subsection (b) or retain existing Board rules that establish alternative
standards, schedules, or procedures that are not inconsistent with the federal
regulations. The Board may consolidate into a single rulemaking under this
Section all such federal regulations adopted within a period of time not to
exceed 6 months.
The provisions and requirements of Title VII of this Act shall not apply to
rules adopted under this subsection (a). Section 5-35 of the Illinois
Administrative Procedure Act relating to the procedures for rulemaking shall
not apply to regulations adopted under this subsection (a).
(b) The Board may adopt regulations relating to a State municipal solid
waste landfill program that are not inconsistent with the Resource Conservation
and Recovery Act of 1976 (P.L. 94-580), or regulations adopted thereunder.
Rules adopted under this subsection shall be adopted in accordance with the
provisions and requirements of Title VII of this Act and the procedures for
rulemaking in Section 5-35 of the Illinois Administrative Procedure Act.
(c) (Blank.)
(Source: P.A. 92-574, eff. 6-26-02.)
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