HB4231 95TH GENERAL ASSEMBLY

LRB095 13991 BDD 42012 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4231

Introduced , by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

415 ILCS 5/22.40

Amends the Environmental Protection Act. Provides that any municipal solid waste landfill that, on or after October 1, 2007, has applied for a permit from the United States Environmental Protection Agency to accept wastes with a concentration of greater than 50 parts per million of polychlorinated biphenyls, as provided under the federal Toxic Substances Control Act, must also seek and obtain consent from the applicable county or municipality before accepting that waste. That consent may not be granted unless approved by referendum. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by changing Section 22.40 as follows:

(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.)

(d) Any MSWLF that, on or after October 1, 2007, has applied for a permit from the United States Environmental Protection Agency to accept wastes with a concentration of greater than 50 parts per million of polychlorinated biphenyls, as provided under the federal Toxic Substances Control Act, must also seek and obtain consent from the applicable county or municipality, as determined under subsection (c) of Section 39 of this Act, before accepting that waste. That consent may not be granted unless approved at referendum in the county or municipality by a majority of the electors voting on the question. A referendum held under this subsection shall be conducted in accordance with the Election Code.

(Source: P.A. 92-574, eff. 6-26-02.)

Section 99. Effective date. This Act takes effect upon becoming law.