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90_SB0431eng
420 ILCS 20/10.2 from Ch. 111 1/2, par. 241-10.2
Amends the Illinois Low-Level Radioactive Waste
Management Act to allow the governing authority of a county,
city, village, or incorporated town to reject a site
identified by the Illinois State Geological and Water Surveys
as a potential regional low-level radioactive waste disposal
facility site if all or a portion of the site is located
within the boundaries of the county, city, village, or
incorporated town. Effective immediately.
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1 AN ACT to amend the Illinois Low-Level Radioactive Waste
2 Management Act by changing Sections 2, 3, 4, 5, 6, 7, 8, 9,
3 10, 10.2, 10.3, 11, 12.1, 13, and 14.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Low-Level Radioactive Waste
7 Management Act is amended by changing Sections 2, 3, 4, 5,
8 6, 7, 8, 9, 10, 10.2, 10.3, 11, 12.1, 13, and 14 as follows:
9 (420 ILCS 20/2) (from Ch. 111 1/2, par. 241-2)
10 Sec. 2. (a) The General Assembly finds:
11 (1) that a considerable volume of low-level
12 radioactive wastes are produced in this State with even
13 greater volumes to be produced in the future;
14 (2) that such radioactive wastes pose a significant
15 risk to the public health, safety and welfare of the
16 people of Illinois; and
17 (3) that it is the obligation of the State of
18 Illinois to its citizens to provide for the safe
19 management of the low-level radioactive wastes produced
20 within its borders.
21 (b) The Department of Nuclear Safety has attained
22 federal agreement state status and thereby has assumed
23 regulatory authority over low-level radioactive waste from
24 the United States Nuclear Regulatory Commission under Section
25 274b of the Atomic Energy Act of 1954 (42 U.S.C. 2014). It is
26 the purpose of this Act to establish a comprehensive program
27 for the storage, treatment, and disposal of low-level
28 radioactive wastes in Illinois. It is the intent of the
29 General Assembly that the program provide for the management
30 of these wastes in the safest manner possible and in a manner
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1 that creates the least risk to human health and the
2 environment of Illinois and that the program encourage to the
3 fullest extent possible the use of environmentally sound
4 waste management practices alternative to land disposal
5 including waste recycling, compaction, incineration and other
6 methods to reduce the amount of wastes produced, and to
7 ensure public participation in all phases of the development
8 of this radioactive waste management program. It is also the
9 intent of the General Assembly that the Department of Nuclear
10 Safety pursue the attainment of agreement state status for
11 the assumption of regulatory authority from the U.S. Nuclear
12 Regulatory Commission under Section 274b of the Atomic Energy
13 Act of 1954 (42 U.S.C. 2014).
14 (Source: P.A. 87-336; 87-1166.)
15 (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
16 Sec. 3. Definitions.
17 (a) "Broker" means any person who takes possession of
18 low-level waste for purposes of consolidation and shipment.
19 (b) "Compact" means the Central Midwest Interstate
20 Low-Level Radioactive Waste Compact.
21 (c) "Decommissioning" means the measures taken at the
22 end of a facility's operating life to assure the continued
23 protection of the public from any residual radioactivity or
24 other potential hazards present at a facility.
25 (d) "Department" means the Department of Nuclear Safety.
26 (e) "Director" means the Director of the Department of
27 Nuclear Safety.
28 (f) "Disposal" means the isolation of waste from the
29 biosphere in a permanent facility designed for that purpose.
30 (g) "Facility" means a parcel of land or site, together
31 with structures, equipment and improvements on or appurtenant
32 to the land or site, which is used or is being developed for
33 the treatment, storage or disposal of low-level radioactive
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1 waste. "Facility" does not include lands, sites, structures
2 or equipment used by a generator in the generation of
3 low-level radioactive wastes.
4 (h) "Generator" means any person who produces or
5 possesses low-level radioactive waste in the course of or
6 incident to manufacturing, power generation, processing,
7 medical diagnosis and treatment, research, education or other
8 activity.
9 (i) "Hazardous waste" means a waste, or combination of
10 wastes, which because of its quantity, concentration, or
11 physical, chemical, or infectious characteristics may cause
12 or significantly contribute to an increase in mortality or an
13 increase in serious, irreversible, or incapacitating
14 reversible, illness; or pose a substantial present or
15 potential hazard to human health or the environment when
16 improperly treated, stored, transported, or disposed of, or
17 otherwise managed, and which has been identified, by
18 characteristics or listing, as hazardous under Section 3001
19 of the Resource Conservation and Recovery Act of 1976, P.L.
20 94-580 or under regulations of the Pollution Control Board.
21 (j) "High-level radioactive waste" means:
22 (1) the highly radioactive material resulting from
23 the reprocessing of spent nuclear fuel including liquid
24 waste produced directly in reprocessing and any solid
25 material derived from the liquid waste that contains
26 fission products in sufficient concentrations; and
27 (2) the highly radioactive material that the
28 Nuclear Regulatory Commission has determined, on the
29 effective date of this Amendatory Act of 1988, to be
30 high-level radioactive waste requiring permanent
31 isolation.
32 (k) "Low-level radioactive waste" or "waste" means
33 radioactive waste not classified as high-level radioactive
34 waste, transuranic waste, spent nuclear fuel or byproduct
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1 material as defined in Section 11e(2) of the Atomic Energy
2 Act of 1954 (42 U.S.C. 2014).
3 (l) "Mixed waste" means waste that is both "hazardous
4 waste" and "low-level radioactive waste" as defined in this
5 Act. (m) "Person" means an individual, corporation,
6 business enterprise or other legal entity either public or
7 private and any legal successor, representative, agent or
8 agency of that individual, corporation, business enterprise,
9 or legal entity.
10 (n) "Post-closure care" means the continued monitoring
11 of the regional disposal facility after closure for the
12 purposes of detecting a need for maintenance, ensuring
13 environmental safety, and determining compliance with
14 applicable licensure and regulatory requirements, and
15 includes undertaking any remedial actions necessary to
16 protect public health and the environment from radioactive
17 releases from the facility.
18 (o) "Regional disposal facility" or "disposal facility"
19 means the facility established by the State of Illinois under
20 this Act for disposal away from the point of generation of
21 waste generated in the region of the Compact.
22 (p) "Release" means any spilling, leaking, pumping,
23 pouring, emitting, emptying, discharging, injecting,
24 escaping, leaching, dumping or disposing into the environment
25 of low-level radioactive waste.
26 (q) "Remedial action" means those actions taken in the
27 event of a release or threatened release of low-level
28 radioactive waste into the environment, to prevent or
29 minimize the release of the waste so that it does not migrate
30 to cause substantial danger to present or future public
31 health or welfare or the environment. The term includes, but
32 is not limited to, actions at the location of the release
33 such as storage, confinement, perimeter protection using
34 dikes, trenches or ditches, clay cover, neutralization,
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1 cleanup of released low-level radioactive wastes, recycling
2 or reuse, dredging or excavations, repair or replacement of
3 leaking containers, collection of leachate and runoff, onsite
4 treatment or incineration, provision of alternative water
5 supplies and any monitoring reasonably required to assure
6 that these actions protect human health and the environment.
7 (q-5) "Scientific Surveys" means, collectively, the
8 State Geological Survey Division and the State Water Survey
9 Division of the Department of Natural Resources.
10 (r) "Shallow land burial" means a land disposal facility
11 in which radioactive waste is disposed of in or within the
12 upper 30 meters of the earth's surface. However, this
13 definition shall not include an enclosed, engineered,
14 structurally re-enforced and solidified bunker that extends
15 below the earth's surface.
16 (s) "Storage" means the temporary holding of waste for
17 treatment or disposal for a period determined by Department
18 regulations.
19 (t) "Treatment" means any method, technique or process,
20 including storage for radioactive decay, designed to change
21 the physical, chemical or biological characteristics or
22 composition of any waste in order to render the waste safer
23 for transport, storage or disposal, amenable to recovery,
24 convertible to another usable material or reduced in volume.
25 (u) "Waste management" means the storage,
26 transportation, treatment or disposal of waste.
27 (Source: P.A. 85-1133; 86-1044; 86-1050; 87-1166; 87-1244.)
28 (420 ILCS 20/4) (from Ch. 111 1/2, par. 241-4)
29 Sec. 4. Generator and broker registration.
30 (a) All generators and brokers of any amount of
31 low-level radioactive waste in Illinois shall register with
32 the Department of Nuclear Safety. Existing generators shall
33 register within 180 days of the effective date of this Act
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1 and new Generators shall register within 60 days of the
2 commencement of generating any low-level radioactive wastes.
3 Brokers shall register within 180 days of the effective date
4 of this amendatory Act of 1986. New brokers shall register
5 within 60 days of taking possession of any low-level
6 radioactive waste. Such registration shall be on a form
7 developed by the Department and shall contain the name,
8 address and officers of the generator or broker, information
9 on the types and amounts of wastes produced or possessed and
10 any other information required by the Department.
11 (b) All registered generators and brokers of any amount
12 of low-level radioactive waste in Illinois shall file an
13 annual report with the Department. The annual report for
14 generators shall contain information on the types and
15 quantities of low-level wastes produced in the previous year
16 and expected to be produced in the future, the methods used
17 to manage these wastes, the technological feasibility,
18 economic reasonableness and environmental soundness of
19 alternative treatment, storage and disposal methods and any
20 other information required by the Department. The annual
21 report for brokers shall contain information on the types and
22 quantities of low-level radioactive wastes received and
23 shipped, identification of the generators from whom such
24 wastes were received, and the destination of shipments of
25 such wastes.
26 (c) All registration forms and annual reports required
27 to be filed with the Department shall be made available to
28 the public for inspection and copying.
29 (Source: P.A. 84-1406.)
30 (420 ILCS 20/5) (from Ch. 111 1/2, par. 241-5)
31 Sec. 5. Requirements for disposal facility contractors;
32 operating agreements.
33 (a) The Department shall promulgate rules and
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1 regulations establishing standards applicable to the
2 selection of a contractor or contractors for the design,
3 development, construction, and operation of a low-level
4 radioactive waste disposal facility away from the point of
5 generation necessary to protect human health and the
6 environment. The regulations shall establish, but need not
7 be limited to, the following:
8 (1) The number of contractors to design, develop,
9 and operate a low-level radioactive waste disposal
10 facility;
11 (2) Requirements and standards relating to the
12 financial integrity of the firm;
13 (3) Requirements and standards relating to the
14 experience and performance history of the firm in the
15 design, development, construction and operation of
16 low-level radioactive waste disposal facilities; and
17 (4) Requirements and standards for the
18 qualifications of the employees of the firm.
19 The Department shall hold at least one public hearing
20 before promulgating the regulations.
21 (b) The Department may enter into one or more operating
22 agreements with a qualified operator of the regional disposal
23 facility, which agreement may contain such provisions with
24 respect to the construction, operation, closure, and
25 post-closure maintenance of the regional disposal facility by
26 the operator as the Department shall determine, including,
27 without limitation limits, (i) provisions leasing, or
28 providing for the lease of, the site to the operator and
29 authorizing the operator to construct, own and operate the
30 facility and to transfer the facility to the Department
31 following closure and any additional years of post-closure
32 maintenance that the Department shall determine; (ii)
33 provisions granting exclusive rights to the operator with
34 respect to the disposal of low-level radioactive waste in
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1 this State during the term of the operating agreement; (iii)
2 provisions authorizing the operator to impose fees upon all
3 persons using the facility as provided in this Act and
4 providing for the Department to audit the charges of the
5 operator under the operating agreement; and (iv) provisions
6 relating to the obligations of the operator and the
7 Department in the event of any closure of the facility or any
8 termination of the operating agreement.
9 (Source: P.A. 86-894; 87-1166.)
10 (420 ILCS 20/6) (from Ch. 111 1/2, par. 241-6)
11 Sec. 6. Requirements for disposal facility.
12 (a) The Department shall as it deems necessary to
13 protect human health and the environment, promulgate rules
14 and regulations establishing standards applicable to the
15 regional disposal facility facility for disposal of low-level
16 radioactive wastes away from the point of generation
17 necessary to protect human health and the environment. The
18 rules and regulations shall reflect the best available
19 management technologies which are economically reasonable,
20 technologically feasible and environmentally sound for the
21 disposal of the wastes and shall establish, but need not be
22 limited to the establishment of:
23 (1) requirements and performance standards for the
24 design, construction, operation, maintenance and
25 monitoring of the low-level radioactive waste disposal
26 facility;
27 (2) requirements and standards for the keeping of
28 records and the reporting and retaining of data collected
29 by the contractor selected to operate operator of the
30 disposal facility;
31 (3) requirements and standards for the technical
32 qualifications of the personnel of the contractor
33 selected to develop and operate the disposal facility;
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1 (4) requirements and standards for establishing the
2 financial responsibility of the contractor selected to
3 operate operator of the disposal facility;
4 (5) requirements and standards for the emergency
5 closure of the disposal facility; and
6 (6) requirements and standards for the closure,
7 decommissioning and post-closure care, monitoring,
8 maintenance and use of the disposal facility.
9 (b) The regulations shall include provisions requiring
10 that the contractor selected to operate operator of the
11 disposal facility post a performance bond with the Department
12 or show evidence of liability insurance or other means of
13 establishing financial responsibility in an amount sufficient
14 to adequately provide for any necessary remedial actions or
15 liabilities that might be incurred by the operation of the
16 disposal facility during the operating period and during a
17 reasonable period of post-closure care.
18 (c) The regulations adopted for the requirements and
19 performance standards of a disposal facility shall not
20 provide for the shallow land burial of low-level radioactive
21 wastes.
22 (d) The Department shall hold at least one public
23 hearing before adopting rules under this Section promulgating
24 the regulations.
25 (e) All rules adopted and regulations promulgated under
26 this Section shall be at least as stringent as those
27 promulgated by the U.S. Nuclear Regulatory Commission under
28 the Atomic Energy Act of 1954 (42 U.S.C. 2014) and any other
29 applicable federal laws.
30 (f) (1) The State of Illinois shall have no liability to
31 any person or entity by reason of a failure, delay, or
32 cessation in the operation of the disposal facility
33 operation, if the failure is due to failure of the facility
34 or the facility operator in complying with the provisions of
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1 this Act or regulations promulgated under this Act.
2 (2) In the event of a failure, delay, or cessation of
3 facility operations due to the arbitrary act, or refusal to
4 act, of the State of Illinois, or any subdivision or
5 instrumentality thereof, which act or failure to act is not
6 related to or issuing from a failure of the facility or the
7 facility operator to comply with the provisions of this Act
8 or a regulation promulgated under this Act, the owner of the
9 facility shall have a cause of action against the State for
10 damages. The damages shall be limited to the amounts paid or
11 debts incurred by the owner in respect to the construction
12 and operation of the facility, and not recovered through the
13 fee schedule provided for in Section 13 of this Act. Failure,
14 delay, or cessation in operating which is due to failure of
15 the owner or operator to comply with any law, rule, or
16 regulation of the federal government, the Central Midwest
17 Interstate Low-Level Radioactive Waste Commission, the State
18 of Illinois, or any subdivision or instrumentality thereof,
19 regardless of when enacted or promulgated, which the owner or
20 operator could have complied with through the exercise of
21 reasonable diligence and at reasonable cost, shall not
22 constitute action solely of the State of Illinois or any
23 potential subdivision or instrumentality thereof for purposes
24 of this Section.
25 (3) Any generator that is a public utility within the
26 meaning of the Public Utilities Act which has recovered from
27 its customers any costs, when the costs are recoverable as
28 damages under subsection (2) of this Section, shall not by
29 reason of the recovery be precluded from maintaining an
30 action under subsection (f) (2) of this Section. The public
31 utility shall promptly refund to its customers any damages so
32 recovered.
33 (Source: P.A. 86-894; 87-1166.)
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1 (420 ILCS 20/7) (from Ch. 111 1/2, par. 241-7)
2 Sec. 7. Requirements for waste treatment. The Department
3 shall promulgate rules and regulations establishing standards
4 applicable to the treatment of low-level radioactive wastes
5 disposed of in any facility in Illinois, necessary to protect
6 human health and the environment. Such rules and regulations
7 shall reflect the best available treatment technologies that
8 which are economically reasonable, technologically feasible
9 and environmentally sound for reducing the quantity and
10 radioactive quality of such wastes prior to land burial and
11 shall establish, but need not be limited to, requirements
12 respecting:
13 (1) the form in which low-level radioactive wastes may
14 be disposed;
15 (2) the use of treatment technologies for recycling,
16 compacting, solidifying or otherwise treating low-level
17 radioactive wastes prior to disposal; and
18 (3) the use of technologies for the treatment of such
19 wastes to minimize the radioactive characteristics of the
20 waste disposed of or to reduce the tendency of the waste to
21 migrate in geologic and hydrologic formations.
22 The Department shall hold at least one public hearing
23 prior to promulgating such regulations.
24 (Source: P.A. 83-991.)
25 (420 ILCS 20/8) (from Ch. 111 1/2, par. 241-8)
26 Sec. 8. Requirements for waste facility licensing.
27 (a) No person shall operate any facility for the
28 storage, treatment, or disposal of low-level radioactive
29 wastes away from the point of generation in Illinois without
30 a license granted by the Department of Nuclear Safety.
31 (b) Each application for a license under this Section
32 shall contain such information as may be required by the
33 Department, including, but not limited to, information
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1 respecting:
2 (1) estimates of the quantities and types of wastes
3 to be stored, treated or disposed of at the facility;
4 (2) the design specifications and proposed
5 operating procedures of the facility necessary to assure
6 compliance with the rules adopted and regulations
7 promulgated under Sections Section 6 and 7;
8 (3) financial and personnel information necessary
9 to assure the integrity and qualifications of the
10 contractor selected to operate the facility operator;
11 (4) a closure plan to ensure the proper closure,
12 decommissioning, and post-closure monitoring and long
13 term care of the disposal facility; and
14 (5) a contingency plan to establish the procedures
15 to be followed in the event of unanticipated radioactive
16 releases.
17 (c) The Director may issue a license for the
18 construction and operation of a facility authorized by this
19 Act to the contractor selected to construct and operate the
20 regional disposal facility, provided the applicant for the
21 license has complied with applicable provisions of this Act
22 and regulations of the Department. No The license issued by
23 the Director shall not authorize the disposal of mixed waste
24 at any the regional disposal facility. In the event that an
25 applicant or licensee the contractor proposes modifications
26 to a of the disposal facility, or in the event that the
27 Director determines that modifications are necessary to
28 conform to the requirements of this the Act, the Director may
29 issue any license modifications necessary to protect human
30 health and the environment and may specify the time allowed
31 to complete the modifications.
32 (d) Upon a determination by the Director of substantial
33 noncompliance with any license granted under this Act Section
34 or upon a determination that an emergency exists posing a
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1 significant hazard to public health and the environment, the
2 Director may revoke a the license issued under this Act.
3 Before revoking any license, the Director shall serve notice
4 upon the alleged violator setting forth the Sections of this
5 Act, or the rules or regulations adopted under this Act, that
6 which are alleged to have been violated. The Director shall
7 hold at least one public hearing not later sooner than 30
8 days following the notice.
9 (e) No person shall operate and the Director shall not
10 issue any license under this Section to operate any disposal
11 facility for the shallow land burial of low-level radioactive
12 wastes in Illinois.
13 (f) (Blank) Nothing in this Section shall relieve the
14 contractor selected to construct and operate the regional
15 disposal facility from securing any necessary zoning approval
16 from the unit of government having zoning jurisdiction over
17 the proposed facility.
18 (g) Any Notwithstanding subsection (d) of Section 10.3
19 of this Act, a license issued by the Department to operate
20 any regional disposal facility for the disposal of low-level
21 radioactive wastes away from the point of generation shall be
22 revoked as a matter of law to the extent that the license
23 authorizes disposal if:
24 (1) the facility accepts for disposal byproduct
25 material as defined in Section 11e(2) of the Atomic
26 Energy Act of 1954 (42 U.S.C. 2014), high-level
27 radioactive waste or mixed waste, and
28 (2) (A) if the facility is located more than 1 1/2
29 miles from the boundary of a municipality and, the county
30 in which the facility is located passes an ordinance
31 ordering the license revoked, or
32 (B) if the facility is located within a
33 municipality or within 1 1/2 miles of the boundary of a
34 municipality and, that municipality passes an ordinance
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1 ordering the license revoked.
2 (Source: P.A. 87-1166.)
3 (420 ILCS 20/9) (from Ch. 111 1/2, par. 241-9)
4 Sec. 9. Requirements for waste transporters.
5 (a) No person shall transport any low-level radioactive
6 waste to a storage, treatment or disposal facility in
7 Illinois licensed under Section 8 without a permit granted by
8 the Department of Nuclear Safety.
9 (b) No person shall transport any low-level radioactive
10 waste to a storage, treatment or disposal facility licensed
11 under Section 8 without a manifest document. The Department
12 shall develop the form for such manifests and shall
13 promulgate rules and regulations establishing a system of
14 tracking wastes from their point of generation to storage,
15 treatment, and ultimate disposal.
16 (c) Each application for a permit under this Section
17 shall contain any information as may be required under
18 regulations promulgated by the Department, including, but not
19 limited to, information respecting:
20 (1) The estimated quantities and types of wastes to
21 be transported to a facility located in Illinois;
22 (2) The procedures and methods used to monitor and
23 inspect the shipments to ensure that leakage or spills do
24 not occur;
25 (3) The specific routes and timetables according to
26 which the wastes are to be shipped.
27 (4) The qualifications and training of personnel
28 handling low-level radioactive waste; and
29 (5) The use of interim storage and transshipment
30 facilities.
31 (d) The Director may issue a permit to any applicant who
32 has met and whom he believes will comply with the
33 requirements of the Illinois Hazardous Materials
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1 Transportation Act and any other applicable State or federal
2 laws or regulations. In the event that an a permit applicant
3 or permittee proposes modifications of a permit, or in the
4 event that the Director determines that modifications are
5 necessary to conform with the requirements of the Act, the
6 Director may issue any permit modifications necessary to
7 protect human health and the environment and may specify the
8 time allowed to complete the modifications.
9 (e) The Department shall inspect each shipment of
10 low-level radioactive wastes received at the regional
11 disposal facility for compliance with the packaging,
12 placarding and other requirements established by rules and
13 regulations promulgated by the Illinois Department of
14 Transportation under the Illinois Hazardous Materials
15 Transportation Act and any other applicable State or federal
16 regulations. The Department shall notify the Attorney
17 General of any apparent violations for possible prosecution
18 under Sections 11 and 12 of that Act.
19 (Source: P.A. 87-1166.)
20 (420 ILCS 20/10) (from Ch. 111 1/2, par. 241-10)
21 Sec. 10. Disposal facility contractor selection Site
22 studies.
23 (a) The Department, in cooperation with the Illinois
24 Geological and Water Surveys, shall complete a study of the
25 technical considerations relating to the siting of a regional
26 low-level radioactive waste disposal facility. The study
27 shall include, but need not be limited to, the identification
28 of the geologic and hydrologic conditions best suited for
29 such a facility, the establishment of a data base on the
30 conditions and the location of these media in Illinois.
31 (b) Upon adopting the regulations establishing
32 requirements for waste disposal facilities provided for in
33 Section 6, the Department shall solicit proposals for the
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1 selection of one or more contractors to site, design,
2 develop, construct, operate, close, provide post-closure care
3 for, and decommission the disposal design, develop, and
4 operate such a facility. Not later than 6 months after the
5 solicitation of proposals, the Director shall select the
6 applicant who has submitted the overall proposal that which
7 best conforms to with the requirements of this Act and to the
8 rules Section 5 and regulations adopted under this Act.
9 (Source: P.A. 86-1044; 86-1050; 86-1475; 87-1166; 87-1244.)
10 (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
11 Sec. 10.2. Creation of Low-Level Radioactive Waste Task
12 Group; adoption of criteria; selection of site for
13 characterization.
14 (a) There is hereby created the Low-Level Radioactive
15 Waste Task Group consisting of the Directors of the
16 Environmental Protection Agency, the Department of Natural
17 Resources, and the Department of Nuclear Safety (or their
18 designees) and 6 additional members designated by the
19 Governor. The 6 additional members shall:
20 (1) be confirmed by the Senate; and
21 (2) receive compensation of $300 per day for their
22 services on the Task Group unless they are officers or
23 employees of the State, in which case they shall receive
24 no additional compensation.
25 Four of the additional members shall have expertise in
26 the field of geology, hydrogeology, or hydrology. Of the 2
27 remaining additional members, one shall be a member of the
28 public with experience in environmental matters and one shall
29 have at least 5 years experience in local government. The
30 Directors of the Environmental Protection Agency, the
31 Department of Natural Resources, and the Department of
32 Nuclear Safety (or their designees) shall receive no
33 additional compensation for their service on the Task Group.
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1 All members of the Task Group shall be compensated for their
2 expenses. The Governor shall designate the chairman of the
3 Task Group. Upon adoption of the criteria under subsection
4 (b) of this Section, the Directors of the Department of
5 Nuclear Safety and the Environmental Protection Agency shall
6 be replaced on the Task Group by members designated by the
7 Governor and confirmed by the Senate. The members designated
8 to replace the Directors of the Department of Nuclear Safety
9 and the Environmental Protection Agency shall have such
10 expertise as the Governor may determine. The members of the
11 Task Group shall be members until they resign, are replaced
12 by the Governor, or the Task Group is abolished. Except as
13 provided in this Act, the Task Group shall be subject to the
14 Open Meetings Act and the Illinois Administrative Procedure
15 Act. Any action required to be taken by the Task Group under
16 this Act shall be taken by a majority vote of its members.
17 (b) To protect the public health, safety and welfare,
18 the Task Group shall develop proposed criteria for selection
19 of a site for a regional disposal facility facility for the
20 disposal of low-level radioactive waste away from the point
21 of generation. Principal criteria shall relate to the
22 geographic, geologic, seismologic, tectonic, hydrologic, and
23 other scientific conditions best suited for a regional
24 low-level radioactive waste disposal facility. Supplemental
25 criteria may relate to land use (including (i) the location
26 of existing underground mines and (ii) the exclusion of State
27 parks, State conservation areas, and other State owned lands
28 identified by the Task Group), economics, transportation,
29 meteorology, and any other matter identified by the Task
30 Group as relating to desirable conditions for a regional
31 low-level radioactive waste disposal facility. All of the
32 criteria shall be as specific as possible.
33 The chairman of the Task Group shall publish a notice of
34 availability of the proposed criteria in the State newspaper,
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1 make copies of the proposed criteria available without charge
2 to the public, and hold public hearings to receive comments
3 on the proposed criteria. Written comments on the proposed
4 criteria may be submitted to the chairman of the Task Group
5 within a time period to be determined by the Task Group.
6 Upon completion of the review of timely submitted comments on
7 the proposed criteria, the Task Group shall adopt criteria
8 for selection of a site for a regional disposal facility
9 facility for the disposal of low-level radioactive waste away
10 from the point of generation. Adoption of the criteria is
11 not subject to the Illinois Administrative Procedure Act.
12 The chairman of the Task Group shall provide copies of the
13 criteria to the Governor, the President and Minority Leader
14 of the Senate, the Speaker and Minority Leader of the House,
15 and all county boards in the State of Illinois and shall make
16 copies of the criteria available without charge to the
17 public.
18 (c) Upon adoption of the criteria, the Director of
19 Natural Resources shall direct the Scientific Illinois State
20 Geological and Water Surveys to screen the State of Illinois
21 and identify at least 10 locations, each of at least 640
22 acres. Within 6 months after the adoption of the criteria
23 under subsection (b) of this Section, the Scientific Surveys
24 shall (i) complete a statewide screening of the State
25 producing maps showing the application of each of the
26 individual criterion and composite maps showing areas of the
27 State, that appear likely to satisfy all of the criteria;
28 (ii) evaluate all land volunteered as a potential site for a
29 regional disposal facility meet the criteria. In addition to
30 screening the State of Illinois, the Illinois State
31 Geological and Water Surveys shall also evaluate any location
32 of at least 640 acres that is volunteered by a land owner or
33 unit of local government to determine whether any of the
34 volunteered land location appears likely to satisfy meet the
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1 criteria; (iii) document. the results of the screening and
2 volunteer site evaluations in a written report and submit the
3 report to the chairman of the Task Group and to the Director;
4 and (iv) transmit to the Task Group and to the Department, in
5 a form specified by the Task Group and the Department, all
6 information and documents assembled by the Scientific Surveys
7 in performing the obligations of the Scientific Surveys under
8 this Act.
9 (c-3) Within 24 months after the submittal of the report
10 and documents by the Scientific Surveys under subsection (c)
11 of this Section, the Department, in consultation with the
12 Task Group, generators, and any interested counties and
13 municipalities, shall prepare a report regarding, at a
14 minimum, the impact and ramifications, if any, of the
15 following factors and circumstances on the siting, design,
16 licensure, development, construction, operation, closure, and
17 post-closure care of a regional disposal facility:
18 (1) the federal, state, and regional programs for
19 the siting, development, and operation of disposal
20 facilities for low-level radioactive wastes and the
21 nature, extent, and likelihood of any legislative or
22 administrative changes to those programs;
23 (2) the impacts of restrictions and surcharges on
24 disposal of low-level radioactive waste at commercial
25 disposal facilities outside the State of Illinois;
26 (3) the current and most reliable projections
27 regarding the costs of the siting, design, development,
28 construction, operation, closure, decommissioning, and
29 post-closure care of a regional disposal facility;
30 (4) the current and most reliable estimates of the
31 total volume of low-level radioactive waste that will be
32 disposed at a regional disposal facility in Illinois and
33 the projected annual volume amounts;
34 (5) the nature and extent of the available, if any,
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1 storage and disposal facilities outside the region of the
2 Compact for storage and disposal of low-level radioactive
3 waste generated from within the region of the Compact;
4 and
5 (6) the development and implementation of a
6 voluntary site selection process in which land may be
7 volunteered for the regional disposal facility jointly by
8 landowners and (i) the municipality in which the land is
9 located, (ii) every municipality within 1 1/2 miles of
10 the land if the land is not within a municipality, or
11 (iii) the county or counties in which the land is located
12 if the land is not within a municipality and not within 1
13 1/2 miles of a municipality. The Director state-wide
14 screening and evaluation of volunteered locations shall
15 be published in a report that shall be submitted to the
16 chairman of the Task Group. The chairman of the Task
17 Group shall provide copies of the report to the Governor,
18 the President and Minority Leader of the Senate, and the
19 Speaker and Minority Leader of the House. The Director
20 shall also publish a notice of availability of the report
21 in the State newspaper and, all of the county boards in
22 the State of Illinois, and each city, village, and
23 incorporated town within a 5 mile radius of each location
24 identified in the report and shall make copies of the
25 report available without charge to the public.
26 (c-5) Following submittal of the report pursuant to
27 subsection (c-3) of this Section, the Department shall adopt
28 rules establishing a site selection process for the regional
29 disposal facility. The site selection process established by
30 rule under this subsection shall require the contractor
31 selected by the Department pursuant to Sections 5 and 10 of
32 this Act to propose one site to the Task Group for approval
33 under subsections (d) through (i) of this Section and shall
34 also, at a minimum, require the following:
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1 (1) A comprehensive and open process under which
2 the land for sites recommended and proposed by the
3 contractor under subsection (e) of this Section shall be
4 volunteered lands as provided in this Section. Land may
5 be volunteered for the regional disposal facility jointly
6 by landowners and (i) the municipality in which the land
7 is located, (ii) every municipality with 1 1/2 miles of
8 the land if the land is not within a municipality, or
9 (iii) the county or counties in which the land is located
10 if the land is not within a municipality and not within 1
11 1/2 miles of a municipality.
12 (2) Utilization of the State screening and
13 volunteer site evaluation report prepared by the
14 Scientific Surveys under subsection (c) of this Section
15 for the purpose of determining whether proposed sites
16 appear likely to satisfy the site selection criteria.
17 (3) Coordination of the site selection process with
18 the projected annual and total volume of low-level
19 radioactive waste to be disposed at the regional disposal
20 facility as identified in the report prepared under
21 subsection (c-3) of this Section.
22 (4) No proposed site shall be selected as the site
23 for the regional disposal facility unless it satisfies
24 the site selection criteria established by the Task Group
25 under subsection (b) of this Section.
26 (d) The contractor selected by the Department under
27 Sections 5 and 10 of this Act Upon publication of the report
28 under subsection (c), the contractor selected by the
29 Department of Nuclear Safety under Section 5 to develop the
30 low-level radioactive waste disposal facility shall conduct
31 evaluations, including possible intrusive field
32 investigations, of the sites and locations identified under
33 the site selection process established under subsection (c-5)
34 of this Section locations that have been identified in the
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1 report under subsection (c) as likely to satisfy the criteria
2 adopted under subsection (b).
3 (e) Upon completion of the site evaluations under
4 subsection (d), the contractor selected by the Department
5 shall identify one site shall select 3 sites of at least 640
6 acres that appears appear promising for development of the
7 regional disposal facility in compliance with the site
8 selection criteria established by the Task Group pursuant to
9 subsection (b) of this Section. for a low-level radioactive
10 waste disposal facility. In selection of the 3 sites, the
11 contractor shall give preference to sites in locations that
12 were volunteered, unless those sites are clearly less
13 promising for the development of a low-level radioactive
14 waste disposal facility than sites in other locations
15 evaluated. The contractor may conduct any other evaluation
16 of the site identified 3 sites selected under this subsection
17 that the contractor deems appropriate to determine whether
18 the site satisfies sites satisfy the criteria adopted under
19 subsection (b) of this Section. Upon completion of the such
20 evaluations under this subsection, the contractor shall
21 prepare and submit to the Department a report on the
22 evaluation of the identified site, including a recommendation
23 as to whether the identified site should be further
24 considered for selection as a site for the regional disposal
25 facility. A site so recommended for further consideration is
26 hereinafter referred to as a "proposed site" a report on all
27 of the evaluations of the 3 sites.
28 (f) A report completed under subsection (e) of this
29 Section that recommends a proposed site shall also be
30 submitted The contractor shall submit the report prepared
31 under subsection (e) to the chairman of the Task Group.
32 Within 45 days following receipt of a report, the chairman of
33 the Task Group shall publish in newspapers of general
34 circulation in the county or counties in which a proposed
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1 site is the 3 sites are located a notice of the availability
2 of the report and a notice of a public meeting. The chairman
3 of the Task Group shall also, within the 45-day period,
4 provide copies of the report and the notice to the Governor,
5 the President and Minority Leader of the Senate, the Speaker
6 and Minority Leader of the House, members of the General
7 Assembly from the legislative district or districts in which
8 a proposed each site is located, the county board or boards
9 of the county or counties containing a proposed site the
10 sites, and each city, village, and incorporated town within a
11 5 mile radius of a proposed site. The chairman of the Task
12 Group each site and shall make copies of the report available
13 without charge to the public.
14 (g) The chairman of the Task Group shall convene at
15 least one public meeting on each proposed site public
16 meetings on the sites evaluated in the report under
17 subsection (e). At the public meeting or meetings, the
18 contractor selected by the Department shall present the
19 results of the evaluation evaluations of the proposed site
20 sites. The Task Group shall receive such other written and
21 oral information about the proposed site sites that may be
22 submitted at the meeting. Following the meeting meetings,
23 the Task Group shall decide whether which of the proposed
24 site sites satisfies the criteria adopted under subsection
25 (b) of this Section. If the Task Group determines that the
26 proposed site one or more of the sites does not satisfy the
27 criteria, the Department may require a contractor to submit a
28 further report pursuant to subsection (e) of this Section
29 proposing another site from the locations identified under
30 the site selection process established pursuant to subsection
31 (c-5) of this Section contractor shall propose additional
32 sites from the locations determined in the report under
33 subsection (c) as likely to satisfy the criteria. Following
34 notice and distribution of the report as required by
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1 subsection (f) of this Section, the new proposed site which
2 shall be the subject of a public meeting under this
3 subsection. The contractor selected by the Department shall
4 propose additional sites, and the Task Group shall conduct
5 additional public meetings, until the Task Group has approved
6 a proposed site recommended by a contractor 3 sites as
7 satisfying the criteria adopted under subsection (b) of this
8 Section. In the event that the Task Group does not approve
9 any of the proposed sites recommended by the contractor under
10 this subsection as satisfying the criteria adopted under
11 subsection (b) of this Section, the Task Group shall
12 immediately suspend all work and the Department shall prepare
13 a study containing, at a minimum, the Department's
14 recommendations regarding the viability of the site selection
15 process established pursuant to this Act, based on the
16 factors and circumstances specified in items (1) through (6)
17 of subsection (c-3) of Section 10.2. The Department shall
18 provide copies of the study to the Governor, the President
19 and Minority Leader of the Senate, and the Speaker and
20 Minority Leader of the House. The Department shall also
21 publish a notice of availability of the study in the State
22 newspaper and make copies of the report available without
23 charge to the public.
24 (h) (Blank) Following the Task Group's decision that 3
25 sites satisfy the criteria adopted under subsection (b), the
26 contractor shall select one of the sites for characterization
27 and notify the Task Group of the site selected. Upon receipt
28 of the notification of a site for characterization, the Task
29 Group shall be abolished and its records transferred to the
30 Department of Nuclear Safety.
31 (i) Upon the Task Group's decision that a proposed site
32 satisfies the criteria adopted under subsection (b) of this
33 Section, the contractor shall proceed with the
34 characterization and licensure of the proposed site under
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1 Section 10.3 of this Act and the Task Group shall immediately
2 suspend all work, except as otherwise specifically required
3 in subsection (b) of Section 10.3 of this Act.
4 (Source: P.A. 88-458; 89-445, eff. 2-7-96; 89-479, eff.
5 6-18-96.)
6 (420 ILCS 20/10.3) (from Ch. 111 1/2, par. 241-10.3)
7 Sec. 10.3. Site characterization; license application;
8 adjudicatory hearing; exclusivity.
9 (a) If the contractor, following characterization,
10 determines that the proposed site is The contractor shall
11 characterize the site selected under subsection (h) of
12 Section 10.2. Unless the contractor determines, based on
13 site characterization, that the site is not appropriate for
14 the development of a regional low-level radioactive waste
15 disposal facility, (i) the contractor shall submit to the
16 Department of Nuclear Safety an application for a license to
17 construct and operate the facility at the selected site and
18 (ii) the Task Group shall be abolished and its records
19 transferred to the Department a facility at the site for the
20 disposal of low-level radioactive waste away from the point
21 of generation.
22 (b) If the contractor determines, following or at any
23 time during characterization of the site proposed under
24 Section 10.2 of this Act, that the proposed based on site
25 characterization, that the site is not appropriate for the
26 development of a regional low-level radioactive waste
27 disposal facility, the Department may require the contractor
28 to propose an additional site to the Task Group from the
29 locations identified under the site selection process
30 established under subsection (c-5) of Section 10.2 that is
31 likely to satisfy the criteria adopted under subsection (b)
32 of Section 10.2. The new proposed site shall be the subject
33 of public notice, distribution, and public meeting conducted
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1 by the Task Group under the procedures set forth in
2 subsections (f) and (g) of Section 10.2 of this Act. The
3 contractor selected by the Department shall propose
4 additional sites and the Task Group shall conduct additional
5 public meetings until (i) the Task Group has approved a
6 proposed site recommended by a contractor as satisfying the
7 criteria adopted under subsection (b) of Section 10.2, and
8 (ii) the contractor has determined, following
9 characterization, that the site is appropriate for the
10 development of the regional disposal facility. Upon the
11 selection of a proposed site under this subsection, (i) the
12 contractor shall submit to the Department an application for
13 a license to construct and operate a regional disposal
14 facility at the selected site and (ii) the Task Group shall
15 be abolished and its records transferred to the Department
16 contractor shall characterize another of the sites approved
17 by the Task Group under subsection (g) of Section 10.2, as
18 provided in subsection (a).
19 (c) The Department shall review the license application
20 filed pursuant to Section 8 and subsections (a) and (b) of
21 this Section in accordance with its rules and the agreement
22 between the State of Illinois and the Nuclear Regulatory
23 Commission under Section 274 of the Atomic Energy Act. If
24 the Department determines that the license should be issued,
25 the Department shall publish in the State newspaper a notice
26 of intent to issue the license. Objections to issuance of
27 the license may be filed within 90 days of publication of the
28 notice. Upon receipt of objections, the Director shall
29 appoint a hearing officer who shall conduct an adjudicatory
30 hearing on the objections. The burden of proof at the
31 hearing shall be on the person filing the objections. Upon
32 completion of the hearing, the hearing officer shall
33 recommend to the Director whether the license should be
34 issued. The decision of the Director to issue or deny the
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1 license may be appealed under Section 18.
2 (d) The procedures, criteria, terms, and conditions set
3 forth in this Act, and in the rules adopted under this Act,
4 for the treatment, storage, and disposal of low-level
5 radioactive waste and for the siting, licensure, design,
6 construction, maintenance, operation, closure,
7 decommissioning, and post-closure care of the regional
8 disposal facility shall be the exclusive procedures,
9 criteria, terms, and conditions for those matters.
10 (Source: P.A. 87-1267; 88-458.)
11 (420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11)
12 Sec. 11. Requirements for interim waste management;
13 Report by the Department.
14 (a) (Blank) The Department shall initiate the procedures
15 necessary to provide for the temporary management of
16 low-level radioactive wastes after January 1, 1986 until a
17 permanent disposal facility is operational. Not later than
18 September 1, 1985, the Department shall develop an Interim
19 Low-Level Radioactive Waste Management Plan to provide for
20 the temporary handling of such wastes. Such plan shall be
21 adopted only after adequate public participation has been
22 provided for and at least one public hearing has been held.
23 The Interim Plan may provide for waste disposal in another
24 State or for storage in Illinois at a temporary site or for
25 any other feasible and environmentally sound means of
26 managing such wastes.
27 (b) No later than March 31, 1993, the Department shall
28 deliver to the Governor, the President and Minority Leader of
29 the Senate, and the Speaker and Minority Leader of the House
30 a report on the impacts of restrictions and surcharges on
31 disposal of low-level radioactive waste at commercial
32 disposal facilities outside the State of Illinois. The
33 report shall include the Department's recommendations with
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1 regard to the need for additional interim storage capacity
2 and with regard to a new process for the timely and cost
3 effective establishment of a permanent disposal facility.
4 (c) At any time necessary, as determined by the
5 Director, to ensure proper planning and policy responses
6 relating to the continued availability of facilities for the
7 storage and disposal of low-level radioactive wastes, the
8 Department shall deliver to the Governor, the President and
9 Minority Leader of the Senate, and the Speaker and Minority
10 Leader of the House a report updating the report submitted
11 pursuant to subsection (b) of this Section. The updated
12 report required by this subsection shall include, at a
13 minimum, an updated analysis of the impacts of restrictions
14 and surcharges on disposal of low-level radioactive waste at
15 commercial disposal facilities outside the State of Illinois
16 and the Department's analysis of, and recommendations
17 regarding, the feasibility of a centralized interim storage
18 facility for low-level radioactive waste generated within the
19 region of the Compact and the nature and extent, if any, of
20 the generator's or any other entity's responsibility for or
21 title to the waste to be stored at a centralized interim
22 storage facility after the waste has been delivered to that
23 facility.
24 (Source: P.A. 87-1244.)
25 (420 ILCS 20/12.1) (from Ch. 111 1/2, par. 241-12.1)
26 Sec. 12.1. Grants; community agreements.
27 (a) The Director may make grants to the county or
28 counties containing a site proposed locations evaluated under
29 subsection (d) of Section 10.2 and may make grants to any
30 municipality containing or within 1.5 miles of a proposed
31 site the locations. The grants may be used for any lawful
32 purposes, including technical reviews of the proposed site
33 locations and participation in the meeting held under
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1 subsection (g) of Section 10.2.
2 (b) The Director may make grants to the county or
3 counties containing a site to be characterized under Section
4 10.3 a grant to the county containing the site selected by
5 the contractor as the site for characterization under
6 subsection (h) of Section 10.2 and may make a grant to any
7 municipality containing or within 1.5 miles of any such the
8 site. The grants may be used for any lawful purposes,
9 including review of site characterization work, participation
10 in an adjudicatory hearing under subsection (c) of Section
11 10.3, and negotiation of an agreement under subsection (c) of
12 this Section.
13 (c) The Director may enter into one or more a community
14 agreements agreement with the county or counties containing a
15 site for which a license application has been submitted under
16 Section 10.3. The Director may also enter into one or more a
17 community agreements agreement with any municipality
18 containing or within 1.5 miles of a site for which a license
19 application has been submitted under Section 10.3. An The
20 agreement under this subsection may include, but need not be
21 limited to, matters of technical and socioeconomic concern
22 regarding the development, operation, closure, and
23 post-closure care of the disposal facility to be constructed
24 at the site.
25 (Source: P.A. 87-1267.)
26 (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
27 Sec. 13. Waste fees.
28 (a) The Department shall collect a fee from each
29 generator of low-level radioactive wastes in this State.
30 Except as provided in subsections (b), (c), and (d), the
31 amount of the fee shall be $50.00 or the following amount,
32 whichever is greater:
33 (1) $1 per cubic foot of waste shipped for storage,
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1 treatment or disposal if storage of the waste for
2 shipment occurred prior to September 7, 1984;
3 (2) $2 per cubic foot of waste stored for shipment
4 if storage of the waste occurs on or after September 7,
5 1984, but prior to October 1, 1985;
6 (3) $3 per cubic foot of waste stored for shipment
7 if storage of the waste occurs on or after October 1,
8 1985;
9 (4) $2 per cubic foot of waste shipped for storage,
10 treatment or disposal if storage of the waste for
11 shipment occurs on or after September 7, 1984 but prior
12 to October 1, 1985, provided that no fee has been
13 collected previously for storage of the waste.
14 (5) $3 per cubic foot of waste shipped for storage,
15 treatment or disposal if storage of the waste for
16 shipment occurs on or after October 1, 1985, provided
17 that no fees have been collected previously for storage
18 of the waste.
19 Such fees shall be collected annually or as determined by
20 the Department and shall be deposited in the low-level
21 radioactive waste funds as provided in Section 14 of this
22 Act. Notwithstanding any other provision of this Act, no fee
23 under this Section shall be collected from a generator for
24 waste generated incident to manufacturing before December 31,
25 1980, and shipped for disposal outside of this State before
26 December 31, 1992, as part of a site reclamation leading to
27 license termination.
28 (b) Each nuclear power reactor in this State for which
29 an operating license has been issued by the Nuclear
30 Regulatory Commission shall not be subject to the fee
31 required by subsection (a) with respect to (1) waste stored
32 for shipment if storage of the waste occurs on or after
33 January 1, 1986; and (2) waste shipped for storage, treatment
34 or disposal if storage of the waste for shipment occurs on or
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1 after January 1, 1986. In lieu of the fee, each reactor
2 shall be required to pay an annual fee of $90,000 for the
3 treatment, storage and disposal of low-level radioactive
4 waste. Beginning with State fiscal year 1986 and through
5 State fiscal year 1997, fees shall be due and payable on
6 January 1st of each year, beginning January 1, 1986. For
7 State fiscal year 1998 and all subsequent State fiscal years,
8 fees shall be due and payable on July 1 of each fiscal year.
9 The fee due on July 1, 1997 shall be payable on that date, or
10 within 10 days after the effective date of this amendatory
11 Act of 1997, whichever is later.
12 After September 15, 1987, for each nuclear power reactor
13 for which an operating license is issued after January 1, the
14 owner of each such reactor shall be required to pay for the
15 year in which the operating license is issued a prorated fee
16 equal to $246.57 multiplied by the number of days in the year
17 during which the nuclear power reactor will be licensed. The
18 prorated fee shall be due and payable 30 days after the
19 operating license is issued.
20 (c) In each of State fiscal years 1988, 1989 and 1990,
21 in addition to the fee imposed in subsections (b) and (d),
22 the owner of each nuclear power reactor in this State for
23 which an operating license has been issued by the Nuclear
24 Regulatory Commission shall pay a fee of $408,000. If an
25 operating license is issued during one of those 3 fiscal
26 years, the owner shall pay a prorated amount of the fee equal
27 to $1,117.80 multiplied by the number of days in the fiscal
28 year during which the nuclear power reactor was licensed.
29 The fee shall be due and payable as follows: in fiscal
30 year 1988, $204,000 shall be paid on October 1, 1987 and
31 $102,000 shall be paid on each of January 1, 1988 and April
32 1, 1988; in fiscal year 1989, $102,000 shall be paid on each
33 of July 1, 1988, October 1, 1988, January 1, 1989 and April
34 1, 1989; and in fiscal year 1990, $102,000 shall be paid on
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1 each of July 1, 1989, October 1, 1989, January 1, 1990 and
2 April 1, 1990. If the operating license is issued during one
3 of the 3 fiscal years, the owner shall be subject to those
4 payment dates, and their corresponding amounts, on which the
5 owner possesses an operating license and, on June 30 of the
6 fiscal year of issuance of the license, whatever amount of
7 the prorated fee remains outstanding.
8 All of the amounts collected by the Department under this
9 subsection (c) shall be deposited into the Low-Level
10 Radioactive Waste Facility Development and Operation Fund
11 created under subsection (a) of Section 14 of this Act and
12 expended, subject to appropriation, for the purposes provided
13 in that subsection Section 10 of this Act.
14 (d) In addition to the fees imposed in subsections (b)
15 and (c), the owners of nuclear power reactors in this State
16 for which operating licenses have been issued by the Nuclear
17 Regulatory Commission shall pay the following fees for each
18 such nuclear power reactor: for State fiscal year 1989,
19 $325,000 payable on October 1, 1988, $162,500 payable on
20 January 1, 1989, and $162,500 payable on April 1, 1989; for
21 State fiscal year 1990, $162,500 payable on July 1, $300,000
22 payable on October 1, $300,000 payable on January 1 and
23 $300,000 payable on April 1; for State fiscal year 1991,
24 either (1) $150,000 payable on July 1, $650,000 payable on
25 September 1, $675,000 payable on January 1, and $275,000
26 payable on April 1, or (2) $150,000 on July 1, $130,000 on
27 the first day of each month from August through December,
28 $225,000 on the first day of each month from January through
29 March and $92,000 on the first day of each month from April
30 through June; and for State fiscal year 1992, $260,000
31 payable on July 1, $900,000 payable on September 1, $300,000
32 payable on October 1, $150,000 payable on January 1, and
33 $100,000 payable on April 1; for State fiscal year 1993,
34 $100,000 payable on July 1, $230,000 payable on August 1 or
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1 within 10 days after July 31, 1992, whichever is later, and
2 $355,000 payable on October 1; for State fiscal year 1994,
3 $100,000 payable on July 1, $75,000 payable on October 1 and
4 $75,000 payable on April 1; for State fiscal year 1995,
5 $100,000 payable on July 1, $75,000 payable on October 1, and
6 $75,000 payable on April 1, and for State fiscal year 1996,
7 $100,000 payable on July 1, $75,000 payable on October 1, and
8 $75,000 payable on April 1; for State fiscal year 1998 and
9 subsequent fiscal years, $30,000, payable on July 1 of each
10 fiscal year. The fee due on July 1, 1997 shall be payable on
11 that date or within 10 days after the effective date of this
12 amendatory Act of 1997, whichever is later. If the payments
13 under this subsection for fiscal year 1993 due on January 1,
14 1993, or on April 1, 1993, or both, were due before the
15 effective date of this amendatory Act of the 87th General
16 Assembly, then those payments are waived and need not be
17 made.
18 All of the amounts collected by the Department under this
19 subsection (d) shall be deposited into the Low-Level
20 Radioactive Waste Facility Development and Operation Fund
21 created pursuant to subsection (a) of Section 14 of this Act
22 and expended, subject to appropriation, for the purposes
23 provided in that subsection.
24 All payments made by licensees under this subsection (d)
25 for fiscal year 1992 that are not appropriated and obligated
26 by the Department above $1,750,000 per reactor in fiscal year
27 1992, shall be credited to the licensees making the payments
28 to reduce the per reactor fees required under this subsection
29 (d) for fiscal year 1993.
30 (e) The Department shall promulgate rules and
31 regulations establishing standards for the collection of the
32 fees authorized by this Section. The regulations shall
33 include, but need not be limited to:
34 (1) the records necessary to identify the amounts
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1 of low-level radioactive wastes produced;
2 (2) the form and submission of reports to accompany
3 the payment of fees to the Department; and
4 (3) the time and manner of payment of fees to the
5 Department, which payments shall not be more frequent
6 than quarterly.
7 (f) Any operating agreement entered into under
8 subsection (b) of Section 5 of this Act between the
9 Department and any disposal facility contractor operator
10 shall, subject to the provisions of this Act, authorize the
11 contractor operator to impose upon and collect from persons
12 using the disposal facility fees, designed and set at levels
13 reasonably calculated to produce sufficient revenues (1) to
14 pay all costs and expenses properly incurred or accrued in
15 connection with, and properly allocated to, performance of
16 the contractor's operator's obligations under the operating
17 agreement, and (2) to provide reasonable and appropriate
18 compensation or profit to the contractor operator under the
19 operating agreement. For purposes of this subsection (f),
20 the term "costs and expenses" may include, without
21 limitation, (i) direct and indirect costs and expenses for
22 labor, services, equipment, materials, insurance and other
23 risk management costs, interest and other financing charges,
24 and taxes or fees in lieu of taxes; (ii) payments to or
25 required by the United States, the State of Illinois or any
26 agency or department thereof, the Central Midwest Interstate
27 Low-Level Radioactive Waste Compact Commission, and subject
28 to the provisions of this Act Section, any unit of local
29 government; (iii) amortization of capitalized costs with
30 respect to the disposal facility and its development,
31 including any capitalized reserves; and (iv) payments with
32 respect to reserves, accounts, escrows or trust funds
33 required by law or otherwise provided for under the operating
34 agreement. and (v) amounts required under subsection (g)(3)
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1 below. For purposes of this subsection (b), any compensation
2 agreed to by the Department under an operating agreement with
3 the operator shall be conclusively presumed to be reasonable
4 and appropriate compensation. If the revenues received in
5 any calendar year are not sufficient to provide for and pay
6 all properly allocated costs and expenses properly incurred
7 or accrued during the year and to provide the compensation
8 provided for in the operating agreement, the fees established
9 for the following calendar year shall be increased by an
10 amount or amounts reasonably calculated to recover any such
11 previously unrecovered costs and expenses and provide such
12 compensation. If the revenues received during any calendar
13 year exceed the sum of all properly allocated costs and
14 expenses properly incurred or accrued during the year plus
15 the compensation provided for in the operation agreement,
16 then the excess revenues shall either be rebated to the
17 facility users or be applied to pay properly allocated costs
18 and expenses incurred or accrued and to provide the required
19 compensation during the following calendar year shall be
20 reduced by an amount or amounts reasonably calculated to
21 reflect the availability of the previously accumulated excess
22 revenues, as the Department shall determine.
23 (g) (Blank). (1) Not later than 6 months before the date
24 a facility for which a license is required under Section
25 8 of this Act is expected first to be available for waste
26 storage, treatment or disposal, the operator of the
27 facility shall file with the Department an estimate of
28 the revenues required to pay its costs and expenses and
29 to provide the operator its reasonable and appropriate
30 compensation or profit for the first 12 months of
31 operation, all as reasonably estimated by the operator or
32 as determined under any applicable operating agreement
33 executed under subsection (g) of Section 10 of this Act,
34 together with a proposed fee schedule for users of the
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1 facility meeting the criteria set forth in paragraph (2)
2 of subsection (g) of this Section. The operation shall
3 mail a copy of its filing to each person who has paid any
4 fees provided for by subsections (a), (b), (c), and (d)
5 of Section 13 of this Act in the preceding 12 months.
6 (2) Not later than 3 months before the date any
7 facility is expected first to be available for waste
8 storage, treatment or disposal, the Department by rule
9 promulgated in accordance with the Illinois
10 Administrative Procedure Act shall provide for an initial
11 fee schedule for users of that facility. The fee schedule
12 shall fairly and equitable allocate among all users of
13 that facility the total revenues required by the operator
14 under subsection (f) and shall be based on the operator's
15 filing under subsection (g)(1). The fee schedule shall be
16 based upon factors such as volume, activity, physical,
17 chemical and biological form, toxicity and packaging of
18 waste to be received at the facility. The fee schedule
19 shall include surcharges or special fees designed to
20 equitably allocate the added costs attributable to the
21 special hazards of, special handling or treatment
22 required for, or other special features or factors
23 affecting, particular types or classes of waste or waste
24 packages. In addition, the fee schedule may include
25 surcharges, special fees, and penalties designed to
26 discourage delivery to the facility of waste, waste
27 forms, or waste packages in violation of applicable
28 Department rules and regulations and facility operating
29 procedures. All properly recoverable costs not recovered
30 by a surcharge or special fee shall be recovered by a
31 single uniform fee based on the volume of the waste
32 delivered.
33 (3) Every fee schedule adopted by the Department
34 under this subsection (g) with respect to any disposal
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1 facility that was developed in whole or in part through
2 the use of funds collected under subsection (c) of this
3 Section and drawn from Low-Level Radioactive Waste
4 Facility Development and Operation Fund established by
5 Section 14 of this Act shall include provisions for the
6 repayment of such funds used for the development of the
7 facility, together with reasonable interest determined by
8 the Department, over a time period not longer than the
9 expected operating life of the facility. The repayment
10 shall be in the form of credits to the generators that
11 originally contributed the funds against facility user
12 fees otherwise due and shall commence in the first full
13 calendar year during which any such facility is open for
14 and is accepting low-level radioactive waste for
15 disposal. The amount of the repayments to be made in any
16 calendar year shall be treated as an operating cost of
17 the facility for that year for the purpose of setting the
18 fees for that year.
19 (4) Every fee schedule with respect to any facility
20 that was developed in whole or in part through the use of
21 funds collected under subsections (a), (b), (c), or (d)
22 of this Section and drawn from the Low-Level Radioactive
23 Waste Facility Development and Operation Fund established
24 by Section 14 of this Act shall also provide surcharges,
25 in such amounts as the Department shall determine, for
26 collecting the amount of funds that would have been paid,
27 based on actual volume or projected volume of waste, from
28 any facility user that was not subject to or did not make
29 payment of the fees imposed by subsections (a), (b), (c),
30 or (d) of this Section. Such surcharges may be imposed as
31 a one-time access fee.
32 (5) An initial fee schedule provided for under
33 subsection (g)(2) of this Section shall become final when
34 adopted by the Department as a rule in accordance with
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1 the Illinois Administrative Procedure Act, provided that,
2 in the interim, the operator shall impose and facility
3 users shall pay fees based upon the fee schedule as first
4 published (or, in the absence of publication, as proposed
5 by the operator under subsection (g)(1) of this Section),
6 which fees shall be subject to adjustment when the final
7 rule becomes effective. Any change in the manner by which
8 the total revenue required by the operator is allocated
9 among the users of the facility shall be made by rule
10 adopted by the Department.
11 (h) (Blank). No later than November 1 of each year which
12 begins 12 months after the adoption of the initial fee
13 schedule provided for in subsection (g) of this Section, the
14 operator shall file with the Department an estimate of the
15 revenues required to pay its costs and expenses and to
16 provide compensation or profit for the next calendar year,
17 all determined in accordance with the provisions of this Act
18 and as required under any applicable operating agreement,
19 together with a fee schedule based on the Department rule
20 then in effect for allocating the total revenues required
21 among the users of the facility. The operator shall file a
22 copy of the estimate and the fee schedule with the Central
23 Midwest Interstate Low-Level Radioactive Waste Commission and
24 any facility user who generated 5 or more percent of the
25 volume of waste delivered to the facility in the previous 12
26 months. The Department shall cause the fee schedule to be
27 published in the official State newspaper and it shall be
28 effective upon publication.
29 (i) (Blank). The Department shall periodically cause the
30 Auditor General or an independent certified public accounting
31 firm to perform an audit of the costs and expenses incurred
32 or accrued by the operator under the operating agreement.
33 The audit shall be made available for public inspection.
34 (j) (Blank). The operator shall consult at least
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1 annually with each waste generator entitled to receive notice
2 of the filing of the fee schedule in order to determine the
3 nature and quantity of waste which that waste generator is
4 expected to deliver to the facility in the succeeding
5 calendar year.
6 (j-5) Prior to commencement of facility operations, the
7 Department shall adopt rules providing for the establishment
8 and collection of fees and charges with respect to the use of
9 the disposal facility as provided in subsection (f) of this
10 Section.
11 (k) The regional disposal facility any facility for
12 which a license is required under Section 8 of this Act shall
13 be subject to ad valorem real estate taxes lawfully imposed
14 by units of local government and school districts with
15 jurisdiction over the facility. No other local government
16 tax, surtax, fee or other charge on activities at the
17 regional disposal facility shall be allowed except as
18 authorized by the Department.
19 (l) The Department shall have the power, in the event
20 that acceptance of waste for disposal at the regional
21 disposal facility is suspended, delayed or interrupted, to
22 impose emergency fees on the generators of low-level
23 radioactive waste. Generators shall pay emergency fees within
24 30 days of receipt of notice of the emergency fees. The
25 Department shall deposit all of the receipts of any fees
26 collected under this subsection Section into the Low-Level
27 Radioactive Waste Facility Development and Operation Fund
28 created under subsection (b) of Section 14. Emergency fees
29 may be used to mitigate the impacts of the suspension or
30 interruption of acceptance of waste for disposal. The
31 requirements for rulemaking in the Illinois Administrative
32 Procedure Act shall not apply to the imposition of emergency
33 fees under this subsection.
34 (m) The Department shall promulgate any other rules and
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1 regulations as may be necessary to implement this Section.
2 (Source: P.A. 86-894; 86-1050; 87-137; 87-891; 87-1244.)
3 (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
4 Sec. 14. Waste management funds.
5 (a) There is hereby created in the State Treasury a
6 special fund to be known as the "Low-Level Radioactive Waste
7 Facility Development and Operation Fund". Except as
8 otherwise provided in this subsection, the Department shall
9 deposit 80% of all receipts from the fees required under
10 subsections (a) and (b) of Section 13 in the State Treasury
11 to the credit of this Fund. Beginning July 1, 1997, and
12 until December 31 of the year in which the Task Group
13 approves a proposed site under Section 10.3, the Department
14 shall deposit all fees collected under subsections (a) and
15 (b) of Section 13 of this Act into the Fund. Subject to
16 appropriation, the Department is authorized to expend all
17 moneys in the The General Assembly may appropriate monies in
18 the Fund in amounts it deems necessary for:
19 (1) hiring personnel and any other operating and
20 contingent expenses necessary for the proper
21 administration of this Act;
22 (2) contracting with any firm for the purpose of
23 carrying out the purposes of this Act;
24 (3) (blank) grants and scholarships under the
25 Nuclear Safety Education Assistance Act;
26 (4) hiring personnel, contracting with any person,
27 and meeting any other expenses incurred by the Department
28 in fulfilling its responsibilities under the Radioactive
29 Waste Compact Enforcement Act; and
30 (5) activities under Sections 10, 10.2 and 10.3;
31 (6) payment of fees in lieu of taxes to a local
32 government having within its boundaries a regional
33 permanent disposal facility;
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1 (7) payment of grants to counties or municipalities
2 under Section 12.1; and
3 (8) fulfillment of obligations under a community
4 agreement under Section 12.1.
5 In spending monies pursuant to such appropriations, the
6 Department shall to the extent practicable avoid duplicating
7 expenditures made by any firm pursuant to a contract awarded
8 under this Section. On or before March 1, 1989 and on or
9 before October 1 of 1989, 1990, 1991, 1992, and 1993, the
10 Department shall deliver to the Governor, the President and
11 Minority Leader of the Senate, the Speaker and Minority
12 Leader of the House, and each of the generators that have
13 contributed during the preceding State fiscal year to the
14 Low-Level Radioactive Waste Facility Development and
15 Operation Fund a financial statement, certified and verified
16 by the Director, which details all receipts and expenditures
17 from the fund during the preceding State fiscal year;
18 provided that the report due on or before March 1, 1989 shall
19 detail all receipts and expenditures from the fund during the
20 period from July 1, 1988 through January 31, 1989. The
21 financial statements shall identify all sources of income to
22 the fund and all recipients of expenditures from the fund,
23 shall specify the amounts of all the income and expenditures,
24 and shall indicate the amounts of all the income and
25 expenditures, and shall indicate the purpose for all
26 expenditures. The reports issued after the facility site is
27 selected shall also identify and describe any savings
28 realized by the Department and attributable to
29 characterization of fewer than 4 alternative sites, including
30 but not limited to, savings in grants to local communities,
31 site characterization costs, and costs of performing
32 environmental impact studies.
33 (b) There is hereby created in the State Treasury a
34 special fund to be known as the "Low-Level Radioactive Waste
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1 Facility Closure, Post-Closure Care and Compensation Fund".
2 The Department shall deposit 20% of all receipts from the
3 fees required under subsections (a) and (b) of Section 13 of
4 this Act in the State Treasury to the credit of this Fund,
5 except that, pursuant to subsection (a) of Section 14 of this
6 Act, there shall be no such deposit into this Fund between
7 July 1, 1997 and December 31 of the year in which the Task
8 Group approves a proposed site pursuant to Section 10.3 of
9 this Act. All deposits into this Fund shall be held by the
10 State Treasurer separate and apart from all public money or
11 funds of this State. Subject to appropriation, the
12 Department is authorized to expend any moneys in this The
13 General Assembly may appropriate all monies in the Fund in
14 amounts it deems necessary for:
15 (1) decommissioning and other procedures required
16 for the proper closure of the regional disposal facility;
17 (2) monitoring, inspecting, and other procedures
18 required for the proper closure, decommissioning, and
19 post-closure care of the regional disposal facility;
20 (3) taking any remedial actions necessary to
21 protect human health and the environment from releases or
22 threatened releases of wastes from the regional disposal
23 facility;
24 (4) the purchase of facility and third-party
25 liability insurance necessary during the institutional
26 control period of the regional disposal facility;
27 (5) mitigating the impacts of the suspension or
28 interruption of the acceptance of waste for disposal;
29 (6) compensating any person suffering any damages
30 or losses to a person or property caused by a release
31 from the regional disposal facility as provided for in
32 Section 15; and
33 (7) fulfillment of obligations under a community
34 agreement under Section 12.1.
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1 On or before March 1 of each year, the Department shall
2 deliver to the Governor, the President and Minority Leader of
3 the Senate, the Speaker and Minority Leader of the House, and
4 each of the generators that have contributed during the
5 preceding State fiscal year to the Fund a financial
6 statement, certified and verified by the Director, which
7 details all receipts and expenditures from the Fund during
8 the preceding State fiscal year. The financial statements
9 shall identify all sources of income to the Fund and all
10 recipients of expenditures from the Fund, shall specify the
11 amounts of all the income and expenditures, and shall
12 indicate the amounts of all the income and expenditures, and
13 shall indicate the purpose for all expenditures.
14 (c) Monies in the Low-Level Radioactive Waste Facility
15 Closure, Post-Closure Care and Compensation Fund shall be
16 invested by the State Treasurer in the manner required by law
17 of other State monies, provided that any interest accruing as
18 a result of the investment shall accrue to this special Fund.
19 (d) The Department may accept for any of its purposes
20 and functions any donations, grants of money, equipment,
21 supplies, materials, and services from any state or the
22 United States, or from any institution, person, firm or
23 corporation. Any donation or grant of money received after
24 January 1, 1986 shall be deposited in either the Low-Level
25 Radioactive Waste Facility Development and Operation Fund or
26 the Low-Level Radioactive Waste Facility Closure,
27 Post-Closure Care and Compensation Fund, in accordance with
28 the purpose of the grant.
29 (Source: P.A. 86-894; 86-1044; 86-1050; 87-1166; 87-1244;
30 87-1267.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.