(430 ILCS 30/10) (from Ch. 95 1/2, par. 700-10)
Sec. 10.
Upon a determination by the Department that the
transportation of certain hazardous materials poses a threat to life and
property, that such threat is susceptible to control by regulation, and
that regulation by the State would be more effective in controlling the
threat than federal regulation, the Department may issue regulations to
control that threat. No such regulations shall be inconsistent with
federal regulations unless the Department first determines that:
(a) The inconsistent regulation affords the People of the State of
Illinois a level of safety at least equal to that afforded by the
federal regulations;
(b) Increased costs and impairment of efficiency resulting from the
inconsistent regulation are warranted by the measurable benefits to the
People of the State of Illinois to be achieved by the regulation.
Provided, no regulations issued under Section 9 of this Act shall be
adopted under this Section without adequate notice to the public and an
opportunity for public comment on the specific regulations proposed to
be adopted. All such comments must be considered and a response
prepared for the record before closing of the record and final issuance
of such regulations. No regulations may take effect in less than 120
days from the closing of the record. No regulation shall take effect
unless approved by the U.S. Secretary of Transportation.
(Source: P.A. 80-351.)
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