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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0429
Introduced 2/16/2005, by Sen. Dave Sullivan SYNOPSIS AS INTRODUCED: |
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420 ILCS 20/3 |
from Ch. 111 1/2, par. 241-3 |
420 ILCS 20/4 |
from Ch. 111 1/2, par. 241-4 |
420 ILCS 20/5 |
from Ch. 111 1/2, par. 241-5 |
420 ILCS 20/6 |
from Ch. 111 1/2, par. 241-6 |
420 ILCS 20/7 |
from Ch. 111 1/2, par. 241-7 |
420 ILCS 20/8 |
from Ch. 111 1/2, par. 241-8 |
420 ILCS 20/9 |
from Ch. 111 1/2, par. 241-9 |
420 ILCS 20/10 |
from Ch. 111 1/2, par. 241-10 |
420 ILCS 20/10.2 |
from Ch. 111 1/2, par. 241-10.2 |
420 ILCS 20/10.3 |
from Ch. 111 1/2, par. 241-10.3 |
420 ILCS 20/11 |
from Ch. 111 1/2, par. 241-11 |
420 ILCS 20/13 |
from Ch. 111 1/2, par. 241-13 |
420 ILCS 20/14 |
from Ch. 111 1/2, par. 241-14 |
420 ILCS 20/15 |
from Ch. 111 1/2, par. 241-15 |
420 ILCS 20/17 |
from Ch. 111 1/2, par. 241-17 |
420 ILCS 20/18 |
from Ch. 111 1/2, par. 241-18 |
420 ILCS 20/21.1 |
from Ch. 111 1/2, par. 241-21.1 |
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Amends the Illinois Low-Level Radioactive Waste Management Act. Changes references in the Act from the "Department of Nuclear Safety" to the "Illinois Emergency Management Agency". Deletes a provision authorizing the Agency to assess additional fees against licensed nuclear power owners under certain circumstances (now, additional assessments are authorized when the Low-Level Radioactive Waste Facility Development and Operation Fund falls below 500,000 with the exception that no additional annual fee shall be assessed because of the fund balance at the end of FY05). Effective immediately.
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A BILL FOR
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SB0429 |
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LRB094 10668 RSP 41034 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Low-Level Radioactive Waste |
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| Management Act is amended by changing Sections 3, 4, 5, 6, 7, |
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| 8, 9, 10, 10.2, 10.3, 11, 13, 14, 15, 17, 18, and 21.1 as |
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| follows:
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| (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
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| Sec. 3. Definitions.
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| (a) "Broker" means any person who takes possession of |
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| low-level waste for
purposes of consolidation and shipment.
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| (b) "Compact" means the Central Midwest Interstate |
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| Low-Level Radioactive
Waste Compact.
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| (c) "Decommissioning" means the measures taken at the end |
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| of a facility's
operating life to assure the continued |
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| protection of the public from any
residual radioactivity or |
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| other potential hazards present at a facility.
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| (d) "Agency" means the Illinois Emergency Management |
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| Agency
"Department" means the Department of Nuclear Safety .
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| (e) "Director" means the Director of the Department of |
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| Nuclear Safety or the Assistant Director of the Illinois |
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| Emergency Management Agency (as successor to the Director of |
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| Nuclear Safety) .
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| (f) "Disposal" means the isolation of waste from the |
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| biosphere in a
permanent facility designed for that purpose.
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| (g) "Facility" means a parcel of land or site, together |
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| with structures,
equipment and improvements on or appurtenant |
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| to the land or site, which
is used or is being developed for |
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| the treatment, storage or disposal of
low-level radioactive |
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| waste. "Facility" does not include lands, sites,
structures or |
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| equipment used by a generator in the generation of low-level
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| radioactive wastes.
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SB0429 |
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LRB094 10668 RSP 41034 b |
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| (h) "Generator" means any person who produces or possesses |
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| low-level
radioactive waste in the course of or incident to |
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| manufacturing, power
generation, processing, medical diagnosis |
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| and treatment, research,
education or other activity.
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| (i) "Hazardous waste" means a waste, or combination of |
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| wastes, which
because of its quantity, concentration, or |
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| physical, chemical, or
infectious characteristics may cause or |
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| significantly contribute to an
increase in mortality or an |
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| increase in serious, irreversible, or
incapacitating |
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| reversible, illness; or pose a substantial present or
potential |
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| hazard to human health or the environment when improperly
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| treated, stored, transported, or disposed of, or otherwise |
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| managed, and
which has been identified, by characteristics or |
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| listing, as hazardous
under Section 3001 of the Resource |
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| Conservation and Recovery Act of
1976, P.L. 94-580 or under |
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| regulations of the Pollution Control Board.
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| (j) "High-level radioactive waste" means:
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| (1) the highly radioactive material resulting from the |
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| reprocessing of
spent nuclear fuel including liquid waste |
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| produced directly in reprocessing
and any solid material |
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| derived from the liquid waste that contains fission
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| products in sufficient concentrations; and
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| (2) the highly radioactive material that the Nuclear |
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| Regulatory
Commission has determined, on the effective |
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| date of this Amendatory Act of
1988, to be high-level |
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| radioactive waste requiring permanent isolation.
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| (k) "Low-level radioactive waste" or "waste" means |
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| radioactive waste not
classified as high-level radioactive |
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| waste, transuranic waste, spent nuclear
fuel or byproduct |
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| material as defined in Section 11e(2) of the Atomic Energy
Act |
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| of 1954 (42 U.S.C. 2014).
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| (l) "Mixed waste" means waste that is both "hazardous |
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| waste" and "low-level
radioactive waste" as defined in this |
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| Act.
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| (m) "Person" means an individual,
corporation, business |
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| enterprise or other legal entity either public or private
and |
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SB0429 |
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LRB094 10668 RSP 41034 b |
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| any legal successor, representative, agent or agency of that |
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| individual,
corporation, business enterprise, or legal entity.
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| (n) "Post-closure care" means the continued monitoring of |
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| the regional
disposal facility after closure for the purposes |
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| of detecting a need for
maintenance, ensuring environmental |
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| safety, and determining compliance with
applicable licensure |
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| and regulatory requirements, and includes undertaking any
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| remedial actions necessary to protect public health and the |
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| environment from
radioactive releases from the facility.
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| (o) "Regional disposal facility" or "disposal facility" |
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| means the
facility established by the State of Illinois under |
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| this Act for disposal
away from the point of generation of |
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| waste
generated in the region of the Compact.
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| (p) "Release" means any spilling, leaking, pumping, |
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| pouring, emitting,
emptying, discharging, injecting, escaping, |
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| leaching, dumping or disposing
into the environment of |
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| low-level radioactive waste.
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| (q) "Remedial action" means those actions taken in the |
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| event of a release
or threatened release of low-level |
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| radioactive waste into the environment,
to prevent or minimize |
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| the release of the waste so that it does not migrate
to cause |
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| substantial danger to present or future public health or |
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| welfare
or the environment. The term includes, but is not |
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| limited to, actions
at the location of the release such as |
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| storage, confinement, perimeter
protection using dikes, |
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| trenches or ditches, clay cover, neutralization,
cleanup of |
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| released low-level radioactive wastes, recycling or reuse,
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| dredging or excavations, repair or replacement of leaking |
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| containers,
collection of leachate and runoff, onsite |
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| treatment or incineration,
provision of alternative water |
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| supplies and any monitoring reasonably
required to assure that |
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| these actions protect human health and the environment.
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| (q-5) "Scientific Surveys" means, collectively, the State |
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| Geological
Survey
Division and the State Water Survey Division |
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| of the Department of
Natural Resources.
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| (r) "Shallow land burial" means a land disposal facility in |
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SB0429 |
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LRB094 10668 RSP 41034 b |
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| which
radioactive waste is disposed of in or within the upper |
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| 30 meters of the
earth's surface. However, this definition |
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| shall not include an enclosed,
engineered, structurally |
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| re-enforced and solidified bunker that extends
below the |
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| earth's surface.
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| (s) "Storage" means the temporary holding of waste for |
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| treatment or
disposal for a period determined by Agency
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| Department regulations.
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| (t) "Treatment" means any method, technique or process, |
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| including storage
for radioactive decay, designed to change the |
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| physical, chemical or biological
characteristics or |
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| composition of any waste in order to render the waste
safer for |
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| transport, storage or disposal, amenable to recovery, |
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| convertible
to another usable material or reduced in volume.
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| (u) "Waste management" means the storage, transportation, |
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| treatment or
disposal of waste.
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| (Source: P.A. 90-29, eff. 6-26-97 .)
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| (420 ILCS 20/4) (from Ch. 111 1/2, par. 241-4)
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| Sec. 4. Generator and broker registration.
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| (a) All generators
and brokers of any amount of
low-level |
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| radioactive waste in Illinois shall register with the Agency
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| Department
of Nuclear Safety . Generators shall register within
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| 60 days of the commencement of generating any low-level |
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| radioactive wastes.
Brokers shall register within 60 days of |
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| taking
possession of any low-level radioactive waste. Such |
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| registration shall
be on a form developed by
the Agency
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| Department and shall
contain the name, address and officers of |
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| the generator or broker, information
on
the types and amounts |
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| of wastes produced or possessed and any other
information |
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| required
by the Agency
Department .
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| (b) All registered generators and brokers of any amount of |
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| low-level
radioactive waste in Illinois
shall file an annual |
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| report with the
Agency
Department . The annual report for |
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| generators shall contain information
on the types and
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| quantities of low-level wastes produced in the previous year |
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SB0429 |
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LRB094 10668 RSP 41034 b |
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| and expected
to be produced in the future, the methods used to |
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| manage these
wastes, the
technological feasibility, economic |
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| reasonableness and environmental soundness
of alternative |
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| treatment, storage and disposal methods and any other
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| information
required by the Agency
Department . The annual |
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| report for brokers shall contain
information on the types and |
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| quantities of low-level radioactive wastes
received and
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| shipped, identification of the generators from whom such wastes |
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| were
received, and the destination of shipments of such wastes.
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| (c) All registration forms and annual reports required to |
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| be filed with
the Agency
Department shall be made available to |
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| the public for inspection and
copying.
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| (Source: P.A. 90-29, eff. 6-26-97.)
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| (420 ILCS 20/5) (from Ch. 111 1/2, par. 241-5)
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| Sec. 5. Requirements for disposal facility contractors; |
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| operating
agreements.
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| (a) The
Department of Nuclear Safety or its successor |
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| agency, the Illinois Emergency Management Agency, shall |
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| promulgate rules and regulations establishing
standards |
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| applicable to the selection of a contractor or contractors for |
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| the
design, development, construction, and operation of a |
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| low-level radioactive
waste disposal facility away from the |
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| point of generation necessary to protect
human health and the |
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| environment. The regulations shall establish, but need
not be |
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| limited to, the following:
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| (1) The number of contractors to design, develop, and |
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| operate a
low-level radioactive waste disposal facility;
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| (2) Requirements and standards relating to the |
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| financial integrity of the
firm;
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| (3) Requirements and standards relating to the |
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| experience and performance
history of the firm in the |
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| design, development, construction and operation of
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| low-level radioactive waste disposal facilities; and
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| (4) Requirements and standards for the qualifications |
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| of the employees of
the firm.
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SB0429 |
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LRB094 10668 RSP 41034 b |
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| The
Department or the Agency shall hold at least one public |
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| hearing before promulgating
the regulations.
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| (b) The
Department or the Agency may enter into one or more |
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| operating agreements
with a qualified operator of the regional |
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| disposal facility, which agreement
may contain such provisions |
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| with respect to the construction, operation,
closure, and |
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| post-closure maintenance of the regional disposal facility by |
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| the
operator as the
Department or the Agency shall determine, |
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| including, without limitation, (i)
provisions leasing, or |
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| providing for the lease of, the site to the operator and
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| authorizing the operator to construct, own and operate the |
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| facility and to
transfer the facility to the
Department or the |
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| Agency following closure and any additional
years of |
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| post-closure maintenance that the
Department or the Agency |
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| shall determine; (ii)
provisions granting exclusive rights to |
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| the operator with respect to the
disposal of low-level |
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| radioactive waste in this State during the term of the
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| operating agreement; (iii) provisions authorizing the operator |
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| to impose fees
upon all persons using the facility as provided |
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| in this Act and providing for
the
Department or the Agency to |
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| audit the charges of the operator under the operating
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| agreement; and (iv) provisions relating to the obligations of |
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| the operator and
the
Department or the Agency in the event of |
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| any closure of the facility or any termination
of the operating |
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| agreement.
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| (Source: P.A. 90-29, eff. 6-26-97.)
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| (420 ILCS 20/6) (from Ch. 111 1/2, par. 241-6)
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| Sec. 6. Requirements for disposal facility.
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| (a) The
Department of Nuclear Safety or its successor |
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| agency, the Illinois Emergency Management Agency, shall as it
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| deems necessary to protect human health and the environment,
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| promulgate rules and regulations establishing standards |
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| applicable to
the regional disposal facility. The rules
and |
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| regulations shall reflect the best available management |
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| technologies which
are economically reasonable, |
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SB0429 |
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LRB094 10668 RSP 41034 b |
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| technologically feasible and environmentally sound
for the |
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| disposal of the wastes and shall establish, but need not be |
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| limited to
the establishment of:
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| (1) requirements and performance standards for the |
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| design, construction,
operation, maintenance and |
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| monitoring of the low-level radioactive waste
disposal |
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| facility;
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| (2) requirements and standards for the keeping of |
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| records and the
reporting and retaining of data collected |
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| by the contractor selected to
operate the disposal
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| facility;
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| (3) requirements and standards for the technical |
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| qualifications of the
personnel of the contractor selected |
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| to develop and operate the disposal
facility;
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| (4) requirements and standards for establishing the |
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| financial
responsibility of the contractor selected to |
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| operate the
disposal facility;
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| (5) requirements and standards for the emergency |
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| closure of the
disposal facility; and
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| (6) requirements and standards for the closure, |
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| decommissioning and
post-closure care, monitoring, |
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| maintenance and use of the disposal
facility.
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| (b) The regulations shall include provisions requiring |
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| that the contractor
selected to operate the disposal facility |
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| post a performance bond with the
Department or the Agency or |
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| show evidence of liability insurance or other means of
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| establishing financial responsibility in an amount sufficient |
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| to adequately
provide for any necessary remedial actions or |
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| liabilities that might be
incurred by the operation of the |
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| disposal facility during the operating period
and during a |
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| reasonable period of post-closure care.
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| (c) The regulations adopted for the requirements and |
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| performance
standards of a disposal facility shall not provide |
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| for the shallow land
burial of low-level radioactive wastes.
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| (d) The
Department or the Agency shall hold at least one |
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| public hearing
before adopting rules under this Section.
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SB0429 |
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LRB094 10668 RSP 41034 b |
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| (e) All rules adopted under this
Section shall
be at least |
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| as stringent as those promulgated by the U.S. Nuclear |
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| Regulatory
Commission under the Atomic Energy Act of 1954 (42 |
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| U.S.C. 2014) and any
other applicable federal laws.
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| (f) The State of Illinois shall have no liability to any |
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| person
or entity by
reason of a failure, delay, or cessation in |
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| the operation of the disposal
facility.
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| (Source: P.A. 90-29, eff. 6-26-97 .)
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| (420 ILCS 20/7) (from Ch. 111 1/2, par. 241-7)
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| Sec. 7. Requirements for waste treatment. The Agency
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| Department shall promulgate
rules and regulations establishing |
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| standards applicable to the treatment
of low-level radioactive |
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| wastes disposed of in any facility in Illinois
necessary to |
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| protect human health and the environment. Such rules and
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| regulations
shall reflect the best available treatment |
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| technologies that are
economically
reasonable, technologically |
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| feasible and environmentally sound for reducing
the quantity |
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| and radioactive quality of such wastes prior to land burial
and |
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| shall establish, but need not be limited to, requirements |
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| respecting:
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| (1) the form in which low-level radioactive wastes may be |
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| disposed;
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| (2) the use of treatment technologies for recycling, |
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| compacting, solidifying
or otherwise treating low-level |
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| radioactive wastes prior to disposal; and
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| (3) the use of technologies for the treatment of such |
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| wastes to minimize
the radioactive characteristics
of the waste |
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| disposed of or to reduce the tendency of the waste to migrate
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| in geologic and hydrologic formations.
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| The Agency
Department shall hold at least one public |
31 |
| hearing prior to promulgating
such regulations.
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| (Source: P.A. 90-29, eff. 6-26-97.)
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| (420 ILCS 20/8) (from Ch. 111 1/2, par. 241-8)
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| Sec. 8. Requirements for waste facility licensing.
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SB0429 |
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LRB094 10668 RSP 41034 b |
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| (a) No person shall operate any facility for the storage, |
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| treatment, or
disposal of low-level radioactive wastes away |
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| from the point of generation in
Illinois without a license |
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| granted by the
Department of Nuclear Safety or its successor |
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| agency, the Illinois Emergency Management Agency .
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| (b) Each application for a license under this Section shall |
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| contain such
information as may be required by the
Department |
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| of Nuclear Safety or its successor agency, the Illinois |
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| Emergency Management Agency , including, but not limited
to, |
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| information respecting:
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| (1) estimates of the quantities and types of wastes to |
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| be stored, treated
or disposed of at the facility;
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| (2) the design specifications and proposed operating |
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| procedures of the
facility necessary to assure compliance |
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| with the rules adopted under Sections 6
and 7;
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| (3) financial and personnel information necessary to |
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| assure the integrity
and qualifications of the contractor |
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| selected to operate the facility;
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| (4) a closure plan to ensure the proper closure, |
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| decommissioning,
and post-closure care of the disposal |
21 |
| facility; and
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| (5) a contingency plan to establish the procedures to |
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| be followed in the
event of unanticipated radioactive |
24 |
| releases.
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| (c) The Director may issue a license for the construction |
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| and operation of
a facility authorized by this Act, provided |
27 |
| the applicant for the
license has complied
with applicable |
28 |
| provisions of this Act and regulations of the
Department of |
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| Nuclear Safety or its successor agency, the Illinois Emergency |
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| Management Agency .
No
license issued by the Director shall |
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| authorize the disposal of
mixed waste at any regional disposal |
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| facility. In the event that
an applicant or licensee proposes |
33 |
| modifications to a facility, or
in the event
that the Director |
34 |
| determines that modifications are necessary to conform to the
|
35 |
| requirements of this Act, the Director may issue any license
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| modifications
necessary to protect human health and the |
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SB0429 |
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LRB094 10668 RSP 41034 b |
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| environment and may specify the time
allowed to complete the |
2 |
| modifications.
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| (d) Upon a determination by the Director of substantial |
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| noncompliance
with any license granted under this Act or upon a |
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| determination
that
an emergency exists posing a significant |
6 |
| hazard to public health and the
environment, the Director may |
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| revoke a license issued under
this Act. Before revoking any
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| license, the Director shall serve notice upon the alleged |
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| violator setting
forth the Sections of this Act, or the rules |
10 |
| adopted
under
this
Act, that are alleged to have been violated. |
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| The Director shall
hold
at least
one public hearing not later |
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| than 30 days following the notice.
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| (e) No person shall operate and the Director shall not |
14 |
| issue any
license under this Section to operate any disposal |
15 |
| facility for the shallow
land burial of low-level radioactive |
16 |
| wastes in Illinois.
|
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| (f) (Blank).
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| (g) Notwithstanding subsection (d) of Section 10.3 of this |
19 |
| Act, a
license issued by the
Department of Nuclear Safety or |
20 |
| its successor agency, the Illinois Emergency Management |
21 |
| Agency, to operate any regional
disposal facility 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 Energy |
26 |
| Act of 1954 (42 U.S.C. 2014),
high-level radioactive waste |
27 |
| or mixed waste, and
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28 |
| (2) (A) if the facility is located more than 1 1/2 |
29 |
| miles from the
boundary of a municipality and the county in |
30 |
| which the facility is
located
passes an ordinance ordering |
31 |
| the license revoked, or
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| (B) if the facility is located within a municipality or |
33 |
| within 1 1/2
miles of the boundary of a municipality and |
34 |
| that municipality passes
an
ordinance ordering the license |
35 |
| revoked.
|
36 |
| (Source: P.A. 90-29, eff. 6-26-97.)
|
|
|
|
SB0429 |
- 11 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| (420 ILCS 20/9) (from Ch. 111 1/2, par. 241-9)
|
2 |
| Sec. 9. Requirements for waste transporters.
|
3 |
| (a) No person shall transport any low-level radioactive |
4 |
| waste to a storage,
treatment or disposal facility in Illinois |
5 |
| licensed under Section 8 without a
permit granted by the
|
6 |
| Department of Nuclear Safety or its successor agency, the |
7 |
| Illinois Emergency Management Agency .
|
8 |
| (b) No person shall transport any low-level radioactive |
9 |
| waste to a storage,
treatment or disposal facility licensed |
10 |
| under Section 8 without a manifest
document. The Agency
|
11 |
| Department shall develop the form for such manifests and shall
|
12 |
| promulgate rules and regulations establishing a system of |
13 |
| tracking wastes from
their point of generation to storage, |
14 |
| treatment,
and ultimate disposal.
|
15 |
| (c) Each application for a permit under this Section shall |
16 |
| contain
any information as may be required under regulations |
17 |
| promulgated by the
Agency
Department , including, but not |
18 |
| limited to, information respecting:
|
19 |
| (1)
The estimated quantities and types of wastes to be |
20 |
| transported to
a facility located in Illinois;
|
21 |
| (2)
The procedures and methods used to monitor and |
22 |
| inspect the shipments
to ensure that leakage or spills do |
23 |
| not occur;
|
24 |
| (3)
The timetables according to which
the wastes are to |
25 |
| be shipped.
|
26 |
| (4)
The qualifications and training of personnel |
27 |
| handling low-level
radioactive waste; and
|
28 |
| (5)
The use of interim storage and transshipment |
29 |
| facilities.
|
30 |
| (d) The Director may issue a permit to any applicant
who
|
31 |
| has met and whom he believes will comply with the requirements |
32 |
| of the
Illinois Hazardous Materials Transportation Act and any |
33 |
| other applicable
State or federal laws or regulations. In the |
34 |
| event that an
applicant or permittee
proposes modifications of |
35 |
| a permit, or in the event that the Director
determines that |
|
|
|
SB0429 |
- 12 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| modifications are necessary to conform with the requirements of
|
2 |
| the Act, the Director may issue any permit modifications |
3 |
| necessary to protect
human health and the environment and may |
4 |
| specify the time allowed to complete
the modifications.
|
5 |
| (e) The Agency
Department shall inspect each shipment of |
6 |
| low-level radioactive
wastes received at the regional disposal |
7 |
| facility for compliance with the
packaging, placarding and |
8 |
| other requirements established by rules and
regulations |
9 |
| promulgated by the Illinois
Department of Transportation under |
10 |
| the
Illinois Hazardous Materials Transportation Act and any |
11 |
| other applicable State
or federal regulations. The Agency
|
12 |
| Department shall notify the Attorney General of
any apparent |
13 |
| violations for possible prosecution under Sections 11 and 12 of
|
14 |
| that Act.
|
15 |
| (Source: P.A. 90-29, eff. 6-26-97.)
|
16 |
| (420 ILCS 20/10) (from Ch. 111 1/2, par. 241-10)
|
17 |
| Sec. 10. Disposal facility contractor selection. Upon |
18 |
| adopting the regulations establishing requirements for waste
|
19 |
| disposal facilities provided for in Section 6, the
Department |
20 |
| of Nuclear Safety or its successor agency, the Illinois |
21 |
| Emergency Management Agency, shall solicit
proposals for the |
22 |
| selection of one or more contractors to site, design,
develop, |
23 |
| construct, operate, close, provide post-closure care for, and
|
24 |
| decommission the disposal facility. Not later than 6 months |
25 |
| after the
solicitation of
proposals, the Director shall select |
26 |
| the applicant who has submitted the
proposal that best conforms |
27 |
| to the
requirements of this Act and to the rules adopted under |
28 |
| this Act.
|
29 |
| (Source: P.A. 90-29, eff. 6-26-97.)
|
30 |
| (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
|
31 |
| Sec. 10.2. Creation of Low-Level Radioactive Waste Task |
32 |
| Group;
adoption of
criteria; selection of site for |
33 |
| characterization.
|
34 |
| (a) There is hereby created the Low-Level Radioactive Waste |
|
|
|
SB0429 |
- 13 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| Task Group
consisting of the Directors of the Environmental |
2 |
| Protection Agency, the
Department of Natural Resources, and the
|
3 |
| Department
of Nuclear Safety (or their designees) and 6 |
4 |
| additional members designated
by the Governor. The 6 additional |
5 |
| members shall:
|
6 |
| (1) be confirmed by the Senate; and
|
7 |
| (2) receive compensation of $300 per day for their |
8 |
| services on
the Task Group unless they are officers or |
9 |
| employees of the State, in which
case they shall receive no |
10 |
| additional compensation.
|
11 |
| Four of the additional members shall have expertise in the |
12 |
| field of geology,
hydrogeology, or hydrology. Of the 2 |
13 |
| remaining additional members, one shall be
a member of the |
14 |
| public with experience in environmental matters and one shall
|
15 |
| have at least 5 years experience in local government. The |
16 |
| Directors of the
Environmental Protection Agency, the |
17 |
| Department of Natural
Resources, and the
Department of Nuclear |
18 |
| Safety (or their designees) shall
receive no additional |
19 |
| compensation for their service on the Task Group.
All members |
20 |
| of the Task Group shall be compensated for their expenses. The
|
21 |
| Governor shall designate the chairman of the Task Group. Upon |
22 |
| adoption of
the criteria under subsection (b) of this Section, |
23 |
| the Directors of the
Department of Nuclear Safety and the |
24 |
| Environmental Protection Agency shall
be replaced on the Task |
25 |
| Group by members designated by the
Governor and confirmed by |
26 |
| the Senate. The members designated
to replace the Directors of |
27 |
| the
Department of Nuclear Safety
and the Environmental |
28 |
| Protection Agency shall have such
expertise as the Governor may |
29 |
| determine. The members of the Task Group
shall be members until |
30 |
| they resign, are replaced by the Governor, or the
Task Group is |
31 |
| abolished. Except as provided in this Act, the Task Group
shall |
32 |
| be subject to the Open Meetings Act and the Illinois |
33 |
| Administrative
Procedure Act. Any action required to be taken |
34 |
| by the Task Group under this
Act shall be taken by a majority |
35 |
| vote of its members.
An identical vote by 5 members of the Task |
36 |
| Group shall constitute a majority
vote.
|
|
|
|
SB0429 |
- 14 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| (b) To protect the public health, safety and welfare, the |
2 |
| Task Group shall
develop proposed criteria for selection of a |
3 |
| site for a regional disposal
facility.
Principal criteria shall |
4 |
| relate to the geographic, geologic, seismologic,
tectonic, |
5 |
| hydrologic, and other scientific conditions best suited for a
|
6 |
| regional disposal facility. Supplemental
criteria may
relate |
7 |
| to land use (including (i) the location of existing underground |
8 |
| mines
and (ii) the exclusion of State parks, State conservation |
9 |
| areas, and other
State owned lands identified by the Task |
10 |
| Group), economics, transportation,
meteorology, and any other |
11 |
| matter identified by the Task Group as relating to
desirable |
12 |
| conditions for a regional
disposal facility. All
of the |
13 |
| criteria shall be as specific as possible.
|
14 |
| The chairman of the Task Group shall publish a
notice of |
15 |
| availability of the proposed criteria in the State newspaper, |
16 |
| make
copies of the proposed criteria available without charge |
17 |
| to the public, and
hold public hearings to receive comments on |
18 |
| the proposed criteria. Written
comments on the proposed |
19 |
| criteria may be submitted to the chairman of the Task
Group |
20 |
| within a time period to be determined by the Task Group. Upon |
21 |
| completion
of the review of timely submitted comments on the |
22 |
| proposed criteria, the Task
Group shall adopt criteria for
|
23 |
| selection of a site for a regional disposal facility. Adoption |
24 |
| of the criteria is not
subject to the Illinois Administrative |
25 |
| Procedure Act. The chairman of the Task
Group shall provide |
26 |
| copies of the criteria to the Governor, the President and
|
27 |
| Minority Leader of the Senate, the Speaker and Minority Leader |
28 |
| of the House,
and all county boards in the State of Illinois |
29 |
| and shall make copies of the
criteria available without charge |
30 |
| to the public.
|
31 |
| (c) Upon adoption of the criteria, the Director of Natural
|
32 |
| Resources shall direct the Scientific Surveys to
screen the |
33 |
| State of Illinois. By
September 30, 1997, the Scientific |
34 |
| Surveys shall (i) complete a Statewide
screening of the State |
35 |
| using available information and the Surveys'
geography-based |
36 |
| information system to produce individual and composite maps
|
|
|
|
SB0429 |
- 15 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| showing the application of individual criteria; (ii) complete |
2 |
| the evaluation
of all land volunteered
before the effective |
3 |
| date of this amendatory Act of 1997 to determine whether any of |
4 |
| the volunteered land appears
likely to satisfy the criteria; |
5 |
| (iii) document the
results of the screening and volunteer site |
6 |
| evaluations in a written report
and submit the report to the |
7 |
| chairman of the Task Group and to the Director of Nuclear |
8 |
| Safety ;
and (iv) transmit to the Task Group and to the
|
9 |
| Department of Nuclear Safety , in a form specified
by the Task |
10 |
| Group and the
Department, all information and documents |
11 |
| assembled
by the Scientific Surveys in performing the |
12 |
| obligations of the Scientific
Surveys under
this Act. Upon |
13 |
| completion of the screening and volunteer site evaluation
|
14 |
| process, the Director of the Department of Natural Resources |
15 |
| shall be replaced
on the Task Group by a member appointed by |
16 |
| the Governor and confirmed by the
Senate. The member appointed |
17 |
| to replace the Director of the Department of
Natural Resources |
18 |
| shall have expertise that the Governor determines to be
|
19 |
| appropriate.
|
20 |
| (c-3) By December 1, 2000, the
Department of Nuclear |
21 |
| Safety ,
in
consultation with the Task Group, waste generators, |
22 |
| and any interested
counties and
municipalities and after
|
23 |
| holding 3 public hearings throughout the State,
shall prepare a |
24 |
| report regarding, at a minimum, the impact and
ramifications, |
25 |
| if any, of the following factors and circumstances on the
|
26 |
| siting, design, licensure, development, construction, |
27 |
| operation, closure, and
post-closure care of a regional |
28 |
| disposal facility:
|
29 |
| (1) the federal, state, and regional programs for the |
30 |
| siting,
development,
and operation of disposal facilities |
31 |
| for low-level radioactive wastes and the
nature, extent, |
32 |
| and likelihood of any legislative or administrative |
33 |
| changes to
those programs;
|
34 |
| (2) (blank);
|
35 |
| (3) the current and most reliable projections |
36 |
| regarding the costs of the
siting, design, development, |
|
|
|
SB0429 |
- 16 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| construction, operation, closure, decommissioning,
and |
2 |
| post-closure care of a regional disposal facility;
|
3 |
| (4) the current and most reliable estimates of the |
4 |
| total volume of
low-level radioactive waste that will be |
5 |
| disposed at a regional disposal
facility in Illinois and |
6 |
| the projected annual volume amounts;
|
7 |
| (5) the nature and extent of the available, if any, |
8 |
| storage and
disposal facilities outside the region of the |
9 |
| Compact for storage and disposal
of low-level radioactive |
10 |
| waste generated from within the region of the Compact;
and
|
11 |
| (6) the development and implementation of a voluntary |
12 |
| site selection
process in which land may be volunteered for |
13 |
| the regional disposal facility
jointly by landowners and |
14 |
| (i) the municipality in which the land is located,
(ii) |
15 |
| every municipality within 1 1/2 miles of the land if the |
16 |
| land is
not within a municipality, or (iii) the county or |
17 |
| counties in which the land
is located if the land is not |
18 |
| within a municipality
and not within 1 1/2 miles of a |
19 |
| municipality.
The Director of Nuclear Safety
shall provide |
20 |
| copies of the report to the
Governor, the
President and |
21 |
| Minority Leader of the Senate, and the Speaker and
Minority
|
22 |
| Leader of the House. The Director shall also publish a |
23 |
| notice of
availability of the report in the State newspaper |
24 |
| and make copies of the report
available without charge to |
25 |
| the public.
|
26 |
| (c-5) Following submittal of the report pursuant to |
27 |
| subsection (c-3) of
this
Section, the
Department of Nuclear |
28 |
| Safety or its successor agency, the Illinois Emergency |
29 |
| Management Agency, may adopt rules establishing a
site |
30 |
| selection process for the regional disposal facility. In
|
31 |
| developing rules, the
Department
or the Agency shall, at a |
32 |
| minimum, consider the following:
|
33 |
| (1) A comprehensive and open process under which the |
34 |
| land for sites
recommended and proposed by the contractor |
35 |
| under subsection (e) of this
Section shall be volunteered |
36 |
| lands as provided in this Section. Land may be
volunteered
|
|
|
|
SB0429 |
- 17 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| for the regional disposal facility jointly by landowners |
2 |
| and (i) the
municipality in which the land is located, (ii) |
3 |
| every municipality with
1 1/2 miles of the land if the land |
4 |
| is not within a municipality, or
(iii) the county or |
5 |
| counties in which the land is located if the land is not
|
6 |
| within a municipality and not within 1 1/2 miles of a
|
7 |
| municipality.
|
8 |
| (2) Utilization of the State screening and volunteer |
9 |
| site evaluation
report prepared by the Scientific Surveys |
10 |
| under subsection (c) of this
Section for the purpose of |
11 |
| determining whether proposed sites appear likely to
|
12 |
| satisfy the site selection criteria.
|
13 |
| (3) Coordination of the site selection process with the |
14 |
| projected annual
and total volume of low-level radioactive |
15 |
| waste to be disposed at the regional
disposal facility as
|
16 |
| identified in the report prepared under subsection (c-3) of |
17 |
| this Section.
|
18 |
| The site selection process established under this |
19 |
| subsection shall require
the contractor selected by the
|
20 |
| Department or the Agency pursuant to Sections 5 and 10 of this
|
21 |
| Act to propose one site to the Task Group for approval under |
22 |
| subsections (d)
through (i) of this Section.
|
23 |
| No proposed site shall be selected as the site for the |
24 |
| regional
disposal facility unless it satisfies the site |
25 |
| selection criteria established
by the Task Group under |
26 |
| subsection (b) of this Section.
|
27 |
| (d) The contractor selected by the
Department of Nuclear |
28 |
| Safety or its successor agency, the Illinois Emergency |
29 |
| Management Agency, under Sections 5 and
10
of this Act shall |
30 |
| conduct evaluations,
including possible intrusive field |
31 |
| investigations, of the sites and locations
identified under the |
32 |
| site selection process established under subsection
(c-5) of |
33 |
| this Section.
|
34 |
| (e) Upon completion of the site evaluations,
the
contractor |
35 |
| selected by the
Department of Nuclear Safety or its successor |
36 |
| agency, the Illinois Emergency Management Agency, shall |
|
|
|
SB0429 |
- 18 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| identify one site of at least 640
acres that appears
promising |
2 |
| for development of the regional disposal facility in compliance
|
3 |
| with the site selection criteria established by the Task Group |
4 |
| pursuant to
subsection (b) of this Section. The
contractor may |
5 |
| conduct any other evaluation of the site identified under
this |
6 |
| subsection that the contractor deems appropriate to determine |
7 |
| whether
the site satisfies the criteria adopted under |
8 |
| subsection
(b) of this Section. Upon
completion of the |
9 |
| evaluations under this subsection, the
contractor shall
|
10 |
| prepare and submit to the
Department or the Agency a report on |
11 |
| the evaluation of the
identified site, including a |
12 |
| recommendation as to whether the identified site
should be |
13 |
| further considered for selection as a site for the
regional |
14 |
| disposal facility. A site so recommended for further
|
15 |
| consideration is hereinafter referred to as a "proposed site".
|
16 |
| (f) A report completed under subsection (e) of this Section |
17 |
| that
recommends a proposed site shall also be submitted
to the |
18 |
| chairman of the Task Group. Within 45 days following receipt of |
19 |
| a
report, the chairman of the Task Group shall
publish in |
20 |
| newspapers of general circulation in the county or counties in
|
21 |
| which a proposed site is located a notice of the availability |
22 |
| of the report and a notice of
a
public meeting. The chairman of |
23 |
| the Task Group shall also, within the 45-day
period, provide |
24 |
| copies of
the report and the notice to the Governor, the |
25 |
| President and Minority Leader of
the Senate, the Speaker and |
26 |
| Minority Leader of the House, members of the
General Assembly |
27 |
| from the legislative district or districts in which a
proposed |
28 |
| site is located,
the county board or boards of the county or |
29 |
| counties containing
a proposed site, and each city, village, |
30 |
| and
incorporated town within a 5 mile radius of a proposed |
31 |
| site. The chairman
of the Task Group shall make copies of
the |
32 |
| report available without charge to the public.
|
33 |
| (g) The chairman of the Task Group shall convene at least |
34 |
| one
public meeting on each proposed site. At the public meeting
|
35 |
| or meetings,
the contractor selected by the
Department of |
36 |
| Nuclear Safety or its successor agency, the Illinois Emergency |
|
|
|
SB0429 |
- 19 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| Management Agency, shall present the results of the
evaluation |
2 |
| of the proposed site.
The Task Group shall receive such other |
3 |
| written and oral information about
the proposed site that may |
4 |
| be submitted at the meeting.
Following the meeting, the
Task |
5 |
| Group shall decide whether the proposed site satisfies the |
6 |
| criteria adopted
under subsection (b) of this Section. If the |
7 |
| Task Group determines that
the proposed site does not satisfy |
8 |
| the criteria, the
Department or the Agency may require a
|
9 |
| contractor to submit a further report pursuant to subsection |
10 |
| (e) of this
Section proposing another site from the locations |
11 |
| identified under the site
selection process established |
12 |
| pursuant to subsection (c-5) of this Section as likely to |
13 |
| satisfy the criteria. Following notice and
distribution of the |
14 |
| report as required by subsection (f) of this Section, the
new |
15 |
| proposed site shall be the subject
of a public meeting under |
16 |
| this subsection. The contractor selected by the
Department or |
17 |
| the Agency shall
propose
additional sites, and the Task Group |
18 |
| shall conduct additional public
meetings, until the Task Group |
19 |
| has approved a proposed site recommended by a
contractor as |
20 |
| satisfying the
criteria adopted under subsection (b) of this |
21 |
| Section. In the event that the
Task Group does not approve any |
22 |
| of the proposed sites recommended by the
contractor under this |
23 |
| subsection as satisfying the criteria adopted under
subsection |
24 |
| (b) of this Section, the Task Group shall immediately suspend |
25 |
| all
work and the
Department or the Agency shall prepare a study |
26 |
| containing, at a minimum, the
Department's or the Agency's |
27 |
| recommendations regarding the viability of the site selection
|
28 |
| process established pursuant to this Act, based on the factors |
29 |
| and
circumstances
specified in items (1) through (6) of |
30 |
| subsection (c-3) of Section 10.2. The
Department or the Agency |
31 |
| shall provide copies of the study to the Governor, the |
32 |
| President and
Minority Leader of the Senate, and the Speaker |
33 |
| and Minority Leader of the
House. The
Department or the Agency |
34 |
| shall also publish a notice of availability of the study
in the |
35 |
| State newspaper and make copies of the report available without |
36 |
| charge
to the public.
|
|
|
|
SB0429 |
- 20 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| (h) (Blank).
|
2 |
| (i) Upon the Task Group's decision that a proposed site |
3 |
| satisfies the
criteria adopted under subsection (b) of this |
4 |
| Section, the contractor shall
proceed with the |
5 |
| characterization and licensure of the proposed site under
|
6 |
| Section 10.3 of this Act and the Task Group shall immediately |
7 |
| suspend all
work, except as otherwise specifically required in |
8 |
| subsection (b) of Section
10.3 of this
Act.
|
9 |
| (Source: P.A. 90-29, eff.
6-26-97; 91-601, eff. 8-16-99.)
|
10 |
| (420 ILCS 20/10.3) (from Ch. 111 1/2, par. 241-10.3)
|
11 |
| Sec. 10.3. Site characterization; license application; |
12 |
| adjudicatory
hearing; exclusivity.
|
13 |
| (a) If the contractor, following characterization, |
14 |
| determines that the
proposed site is appropriate for the |
15 |
| development of a
regional disposal facility, (i) the
contractor |
16 |
| shall submit
to the
Department of Nuclear Safety or its |
17 |
| successor agency, the Illinois Emergency Management Agency, an |
18 |
| application for a license to
construct and operate the facility |
19 |
| at the selected site and (ii) the Task
Group shall be abolished |
20 |
| and its records transferred to the
Department or the Agency .
|
21 |
| (b) If the contractor determines, following or at any time |
22 |
| during
characterization of the site proposed under Section 10.2 |
23 |
| of this Act, that the
proposed site is not appropriate for the |
24 |
| development of a regional disposal facility, the
Department of |
25 |
| Nuclear Safety or its successor agency, the Illinois Emergency |
26 |
| Management Agency, may require the contractor to propose an |
27 |
| additional site to the
Task Group from the locations identified |
28 |
| under the site selection process
established under subsection |
29 |
| (c-5) of Section 10.2 that is likely to satisfy
the
criteria
|
30 |
| adopted under subsection (b) of Section 10.2. The new proposed |
31 |
| site shall
be the
subject of public notice, distribution, and |
32 |
| public meeting conducted by the
Task Group under the procedures |
33 |
| set forth in subsections (f) and (g) of
Section
10.2
of this |
34 |
| Act. The contractor selected by the
Department or the Agency |
35 |
| shall propose
additional sites and the Task Group shall conduct |
|
|
|
SB0429 |
- 21 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| additional public meetings
until (i) the Task Group has |
2 |
| approved a proposed site recommended by a
contractor as |
3 |
| satisfying the criteria adopted under subsection (b) of Section
|
4 |
| 10.2, and
(ii) the contractor has determined, following |
5 |
| characterization, that the site
is appropriate for the |
6 |
| development of the regional disposal facility. Upon the
|
7 |
| selection of a proposed site under this subsection, (i) the |
8 |
| contractor shall
submit to the
Department or the Agency an |
9 |
| application for a license to construct and operate
a regional |
10 |
| disposal facility at the selected site and (ii) the Task Group |
11 |
| shall
be abolished and its records transferred to the
|
12 |
| Department or the Agency .
|
13 |
| (c) The
Department of Nuclear Safety or its successor |
14 |
| agency, the Illinois Emergency Management Agency, shall review |
15 |
| the license application filed pursuant to
Section 8 and |
16 |
| subsections (a) and (b) of this Section in accordance
with its |
17 |
| rules and the agreement between the State of Illinois and the
|
18 |
| Nuclear Regulatory Commission under Section 274 of the Atomic |
19 |
| Energy Act.
If the
Department or the Agency determines that the |
20 |
| license should be issued, the
Department or the Agency shall |
21 |
| publish in the State newspaper a notice of intent to issue
the |
22 |
| license. Objections to issuance of the license may be filed |
23 |
| within 90
days of publication of the notice. Upon receipt of |
24 |
| objections, the
Director shall appoint a hearing officer who |
25 |
| shall conduct an adjudicatory
hearing on the objections. The |
26 |
| burden of proof at the hearing shall be on
the person filing |
27 |
| the objections. Upon completion of the hearing, the
hearing |
28 |
| officer shall recommend to the Director whether the license |
29 |
| should
be issued. The decision of the Director to issue or deny |
30 |
| the
license may be appealed under Section 18.
|
31 |
| (d) The procedures, criteria, terms, and conditions set |
32 |
| forth in this Act,
and in the rules adopted under this Act, for |
33 |
| the treatment,
storage, and disposal of low-level radioactive |
34 |
| waste and for the siting,
licensure, design, construction, |
35 |
| maintenance, operation, closure,
decommissioning, and |
36 |
| post-closure care of the regional disposal facility shall
be |
|
|
|
SB0429 |
- 22 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| the exclusive procedures, criteria, terms, and conditions for
|
2 |
| those matters.
|
3 |
| (Source: P.A. 90-29, eff. 6-26-97.)
|
4 |
| (420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11)
|
5 |
| Sec. 11. Report by the Agency
Department .
|
6 |
| (a) (Blank).
|
7 |
| (b) (Blank).
|
8 |
| (c) At any time necessary, as determined by the Assistant |
9 |
| Director of the Illinois Emergency Management Agency , to ensure |
10 |
| proper
planning and policy responses relating to the continued |
11 |
| availability of
facilities for the storage and disposal of |
12 |
| low-level radioactive wastes, the Agency
Department shall |
13 |
| deliver to the Governor, the President and Minority Leader of
|
14 |
| the Senate, and the Speaker and Minority Leader of the House a |
15 |
| report that shall include, at a minimum, an
analysis of the |
16 |
| impacts of restrictions on disposal of
low-level
radioactive |
17 |
| waste at commercial disposal facilities outside the State of
|
18 |
| Illinois and the Agency's
Department's analysis of, and |
19 |
| recommendations regarding, the
feasibility of a centralized |
20 |
| interim storage facility for low-level radioactive
waste |
21 |
| generated within the region of the Compact and the nature and |
22 |
| extent, if
any, of the generator's or any other entity's |
23 |
| responsibility for or title to
the waste to be stored at a |
24 |
| centralized interim storage facility after
the waste has been |
25 |
| delivered to that facility.
|
26 |
| (Source: P.A. 90-29, eff. 6-26-97; 91-601, eff. 8-16-99.)
|
27 |
| (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
|
28 |
| Sec. 13. Waste fees.
|
29 |
| (a) The
Department of Nuclear Safety or its successor |
30 |
| agency, the Illinois Emergency Management Agency, shall |
31 |
| collect a fee from each generator of low-level
radioactive |
32 |
| wastes in this State. Except as provided in subsections (b), |
33 |
| (c),
and (d), the amount of the fee shall be $50.00 or the |
34 |
| following amount,
whichever is greater:
|
|
|
|
SB0429 |
- 23 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| (1) $1 per cubic foot of waste shipped for storage, |
2 |
| treatment or disposal
if storage of the waste for shipment |
3 |
| occurred prior to September 7, 1984;
|
4 |
| (2) $2 per cubic foot of waste stored for shipment if |
5 |
| storage of the
waste occurs on or after September 7, 1984, |
6 |
| but prior to October 1, 1985;
|
7 |
| (3) $3 per cubic foot of waste stored for shipment if |
8 |
| storage of the
waste occurs on or after October 1, 1985;
|
9 |
| (4) $2 per cubic foot of waste shipped for storage, |
10 |
| treatment or
disposal if storage of the waste for shipment |
11 |
| occurs on or after September
7, 1984 but prior to October |
12 |
| 1, 1985, provided that no fee has been collected
previously |
13 |
| 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 shipment |
16 |
| occurs on or after October
1, 1985, provided that no fees |
17 |
| have been collected previously for storage
of the waste.
|
18 |
| Such fees shall be collected annually or as determined by |
19 |
| the
Department or the Agency and
shall be deposited in the |
20 |
| low-level radioactive waste funds as provided in
Section 14 of |
21 |
| this Act. Notwithstanding any other provision of this Act, no
|
22 |
| fee under this
Section shall be collected from a generator for |
23 |
| waste generated incident to
manufacturing before December 31, |
24 |
| 1980, and shipped for disposal outside
of this State before |
25 |
| December 31, 1992, as part of a site reclamation
leading to |
26 |
| license termination.
|
27 |
| (b) Each nuclear power reactor in this State for which an |
28 |
| operating
license has been issued by the Nuclear Regulatory |
29 |
| Commission shall not be
subject to the fee required by |
30 |
| subsection (a) with respect to (1) waste
stored for shipment if |
31 |
| storage of the waste occurs on or after January
1, 1986; and |
32 |
| (2) waste shipped for storage, treatment or disposal if storage
|
33 |
| of the waste for shipment occurs on or after January 1, 1986. |
34 |
| In lieu of
the fee, each reactor shall be required to pay an |
35 |
| annual fee as provided in
this subsection for the
treatment, |
36 |
| storage and disposal of low-level radioactive waste. Beginning
|
|
|
|
SB0429 |
- 24 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| with State fiscal year 1986 and through State fiscal year 1997, |
2 |
| fees shall be
due and payable on January 1st of each year.
For |
3 |
| State fiscal year 1998 and all subsequent State fiscal years, |
4 |
| fees shall
be due and payable on July 1 of each fiscal year. |
5 |
| The fee due on July 1,
1997 shall be payable on that date, or |
6 |
| within 10 days after the effective date
of this amendatory Act |
7 |
| of 1997, whichever is later.
|
8 |
| The owner of any nuclear power reactor that has an |
9 |
| operating license
issued by the Nuclear Regulatory Commission |
10 |
| for any portion of State fiscal
year 1998 shall continue to pay |
11 |
| an annual fee of $90,000 for the treatment,
storage, and |
12 |
| disposal of low-level radioactive waste through State fiscal |
13 |
| year
2002. The fee shall be due and
payable on July 1 of each |
14 |
| fiscal year.
The fee due on July 1, 1998 shall be
payable on |
15 |
| that date, or within 10 days after the effective date of this
|
16 |
| amendatory Act of 1998, whichever is later.
If the balance in |
17 |
| the Low-Level Radioactive Waste Facility Development and
|
18 |
| Operation Fund falls below $500,000, as of the end of any |
19 |
| fiscal year after
fiscal year 2002, the
Department is |
20 |
| authorized to assess by rule, after notice
and a hearing, an |
21 |
| additional annual fee to be paid by the owners of nuclear
power
|
22 |
| reactors for which operating licenses have been issued by the |
23 |
| Nuclear
Regulatory Commission, except that no additional |
24 |
| annual fee shall be assessed because of the fund balance at the |
25 |
| end of fiscal year 2005. The additional annual fee shall be |
26 |
| payable on the date
or dates specified by rule and shall not |
27 |
| exceed $30,000 per operating reactor
per year.
|
28 |
| (c) In each of State fiscal years 1988, 1989 and 1990, in |
29 |
| addition to
the fee imposed in subsections (b) and (d), the |
30 |
| owner of each nuclear power
reactor in this State for which an |
31 |
| operating license has been issued by the
Nuclear Regulatory |
32 |
| Commission shall pay a fee of $408,000. If an
operating license |
33 |
| is issued during one of those 3 fiscal years, the owner
shall |
34 |
| pay a prorated amount of the fee equal to $1,117.80 multiplied |
35 |
| by the
number of days in the fiscal year during which the |
36 |
| nuclear power reactor
was licensed.
|
|
|
|
SB0429 |
- 25 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| The fee shall be due and payable as follows: in fiscal year |
2 |
| 1988,
$204,000 shall be paid on October 1, 1987 and $102,000 |
3 |
| shall be paid on each
of January 1, 1988 and April 1, 1988; in |
4 |
| fiscal year 1989, $102,000 shall
be paid on each of July 1, |
5 |
| 1988, October 1, 1988, January 1, 1989 and April
1, 1989; and |
6 |
| in fiscal year 1990, $102,000 shall be paid on each of July 1,
|
7 |
| 1989, October 1, 1989, January 1, 1990 and April 1, 1990. If |
8 |
| the
operating license is issued during one of the 3 fiscal |
9 |
| years, the owner
shall be subject to those payment dates, and |
10 |
| their corresponding amounts,
on which the owner possesses an |
11 |
| operating license and, on June 30 of the fiscal
year of |
12 |
| issuance of the license, whatever amount of the prorated fee |
13 |
| remains
outstanding.
|
14 |
| All of the amounts collected by the
Department or the |
15 |
| Agency under this subsection (c)
shall be deposited into the |
16 |
| Low-Level Radioactive Waste Facility
Development and Operation |
17 |
| Fund created under subsection (a) of Section 14 of
this
Act and |
18 |
| expended, subject to appropriation, for
the purposes provided |
19 |
| in that subsection.
|
20 |
| (d) In addition to the fees imposed in subsections (b) and |
21 |
| (c), the
owners of nuclear power reactors in this State for |
22 |
| which operating licenses
have been issued by the Nuclear |
23 |
| Regulatory Commission shall pay the
following fees for each |
24 |
| such nuclear power reactor: for State fiscal year
1989, |
25 |
| $325,000 payable on October 1, 1988, $162,500 payable on |
26 |
| January 1,
1989, and $162,500 payable on April 1, 1989; for |
27 |
| State fiscal year 1990,
$162,500 payable on July 1, $300,000 |
28 |
| payable on October 1, $300,000 payable
on January 1 and |
29 |
| $300,000 payable on April 1; for State fiscal year 1991,
either |
30 |
| (1) $150,000 payable on July 1, $650,000 payable on September |
31 |
| 1,
$675,000 payable on January 1, and $275,000 payable on April |
32 |
| 1, or (2)
$150,000 on July 1, $130,000 on the first day of each |
33 |
| month from August
through December, $225,000 on the first day |
34 |
| of each month from January
through March and $92,000 on the |
35 |
| first day of each month from April through
June; for State |
36 |
| fiscal year 1992, $260,000 payable on July 1, $900,000
payable |
|
|
|
SB0429 |
- 26 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| on September 1, $300,000 payable on October 1, $150,000 payable |
2 |
| on
January 1, and $100,000 payable on April 1; for State fiscal |
3 |
| year 1993,
$100,000 payable on July 1, $230,000 payable on |
4 |
| August 1 or within 10 days
after July 31, 1992, whichever is |
5 |
| later, and $355,000 payable on October 1; for
State fiscal year |
6 |
| 1994, $100,000 payable on July 1, $75,000 payable on October
1 |
7 |
| and $75,000 payable on April 1; for State fiscal year 1995, |
8 |
| $100,000 payable
on July 1, $75,000 payable on October 1, and |
9 |
| $75,000 payable on April 1,
for State fiscal year 1996, |
10 |
| $100,000 payable on July 1, $75,000 payable on
October 1, and |
11 |
| $75,000 payable on April 1. The owner of any nuclear
power |
12 |
| reactor that has an operating license issued by the Nuclear |
13 |
| Regulatory
Commission for any portion of State fiscal year 1998 |
14 |
| shall pay an annual fee of
$30,000 through State fiscal year |
15 |
| 2003.
For State fiscal year 2004 and subsequent fiscal years, |
16 |
| the owner of any
nuclear power reactor that has an operating |
17 |
| license issued by the Nuclear
Regulatory Commission shall pay |
18 |
| an annual fee of $30,000 per reactor, provided
that the fee
|
19 |
| shall not apply to a nuclear power reactor with regard to which |
20 |
| the owner
notified the Nuclear Regulatory Commission during |
21 |
| State fiscal year 1998 that
the nuclear power reactor |
22 |
| permanently ceased operations.
The fee shall be due and payable |
23 |
| on
July 1 of each fiscal year.
The fee due on July 1, 1998 shall |
24 |
| be
payable on that date, or within 10 days after the effective |
25 |
| date of this
amendatory Act of 1998, whichever is later.
The |
26 |
| fee
due on July 1, 1997 shall be payable on that date or within |
27 |
| 10 days after the
effective date of this amendatory Act of |
28 |
| 1997, whichever is later. If the
payments under this
subsection |
29 |
| for fiscal year 1993 due on January 1, 1993, or on April 1, |
30 |
| 1993, or
both, were due before the effective date of this |
31 |
| amendatory Act of the 87th
General Assembly, then those |
32 |
| payments are waived and need not be made.
|
33 |
| All of the amounts collected by the
Department or the |
34 |
| Agency under this subsection (d)
shall be deposited into the |
35 |
| Low-Level Radioactive Waste Facility
Development and Operation |
36 |
| Fund created pursuant to subsection (a) of Section
14 of this
|
|
|
|
SB0429 |
- 27 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| Act and expended, subject to appropriation, for the purposes |
2 |
| provided in that
subsection.
|
3 |
| All payments made by licensees under this subsection (d) |
4 |
| for fiscal year
1992 that are not appropriated and obligated by |
5 |
| the
Department above
$1,750,000 per reactor in fiscal year |
6 |
| 1992, shall be credited to the licensees
making the payments to |
7 |
| reduce the per reactor fees required under this
subsection (d) |
8 |
| for fiscal year 1993.
|
9 |
| (e) The Agency
Department shall promulgate rules and |
10 |
| regulations establishing
standards for the collection of the |
11 |
| fees authorized by this Section. The
regulations shall include, |
12 |
| but need not be limited to:
|
13 |
| (1) the records necessary to identify the amounts of |
14 |
| low-level
radioactive wastes produced;
|
15 |
| (2) the form and submission of reports to accompany the |
16 |
| payment of fees
to the Agency
Department ; and
|
17 |
| (3) the time and manner of payment of fees to the |
18 |
| Agency
Department , which
payments shall not be more |
19 |
| frequent than quarterly.
|
20 |
| (f) Any operating agreement entered into under subsection |
21 |
| (b) of
Section 5 of this Act between the
Department of Nuclear |
22 |
| Safety or its successor agency, the Illinois Emergency |
23 |
| Management Agency, and any disposal facility
contractor
shall, |
24 |
| subject to the provisions of this Act, authorize the contractor |
25 |
| to
impose upon and collect from persons using the disposal |
26 |
| facility fees
designed and
set at levels reasonably calculated |
27 |
| to produce sufficient revenues (1) to
pay all costs and |
28 |
| expenses properly incurred or accrued in connection
with, and |
29 |
| properly allocated to, performance of the contractor's |
30 |
| obligations
under the operating agreement, and (2) to provide |
31 |
| reasonable and
appropriate compensation or profit to the |
32 |
| contractor under the
operating
agreement. For purposes of this |
33 |
| subsection (f), the term "costs and expenses"
may include, |
34 |
| without limitation, (i) direct and indirect costs and expenses
|
35 |
| for labor, services, equipment, materials, insurance and other |
36 |
| risk
management costs, interest and other financing charges, |
|
|
|
SB0429 |
- 28 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| and taxes or fees
in lieu of taxes; (ii) payments to or |
2 |
| required by the United States, the
State of Illinois or any |
3 |
| agency or department thereof, the Central Midwest
Interstate |
4 |
| Low-Level Radioactive Waste Compact, and subject
to the
|
5 |
| provisions of this Act, any unit of local government; (iii)
|
6 |
| amortization of capitalized costs with respect to the disposal |
7 |
| facility and
its
development, including any capitalized |
8 |
| reserves; and (iv) payments with
respect
to reserves, accounts, |
9 |
| escrows or trust funds required by law or otherwise
provided |
10 |
| for under the operating agreement.
|
11 |
| (g) (Blank).
|
12 |
| (h) (Blank).
|
13 |
| (i) (Blank).
|
14 |
| (j) (Blank).
|
15 |
| (j-5) Prior to commencement of facility operations, the |
16 |
| Agency
Department shall
adopt rules providing for the |
17 |
| establishment and collection of fees and charges
with respect |
18 |
| to the use of the disposal facility as provided in subsection |
19 |
| (f)
of this Section.
|
20 |
| (k) The regional disposal facility shall be subject to ad |
21 |
| valorem real
estate taxes lawfully imposed by units of local |
22 |
| government and school districts
with jurisdiction over the |
23 |
| facility. No other local government tax, surtax,
fee or other |
24 |
| charge on activities at the regional disposal facility shall be
|
25 |
| allowed except as authorized by the Agency
Department .
|
26 |
| (l) The Agency
Department shall have the power, in the |
27 |
| event that acceptance of
waste for disposal at the regional |
28 |
| disposal facility is suspended, delayed
or interrupted, to |
29 |
| impose emergency fees on the generators of low-level
|
30 |
| radioactive waste. Generators shall pay emergency fees within |
31 |
| 30 days of
receipt of notice of the emergency fees. The Agency
|
32 |
| Department shall deposit all of
the receipts of any fees |
33 |
| collected under this subsection into the Low-Level
Radioactive |
34 |
| Waste Facility Development and Operation Fund created under
|
35 |
| subsection (b) of Section 14. Emergency fees may be used to |
36 |
| mitigate the
impacts of the suspension or interruption of |
|
|
|
SB0429 |
- 29 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| acceptance of waste for disposal.
The requirements for |
2 |
| rulemaking in the Illinois Administrative Procedure Act
shall |
3 |
| not apply to the imposition of emergency fees under this |
4 |
| subsection.
|
5 |
| (m) The Agency
Department shall promulgate any other rules |
6 |
| and regulations as
may be necessary to implement this Section.
|
7 |
| (Source: P.A. 92-276, eff. 8-7-01; 93-839, eff. 7-30-04.)
|
8 |
| (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
|
9 |
| Sec. 14. Waste management funds.
|
10 |
| (a) There is hereby created in the State
Treasury a special |
11 |
| fund to be known as the "Low-Level Radioactive Waste
Facility |
12 |
| Development and Operation Fund".
All monies within the |
13 |
| Low-Level Radioactive Waste Facility Development and
Operation |
14 |
| Fund shall be invested by the State Treasurer in accordance |
15 |
| with
established investment practices. Interest earned by such |
16 |
| investment shall be
returned to the Low-Level Radioactive Waste |
17 |
| Facility Development and Operation
Fund.
Except as otherwise |
18 |
| provided in
this subsection, the
Department of Nuclear Safety |
19 |
| or its successor agency, the Illinois Emergency Management |
20 |
| Agency, shall deposit 80%
of all receipts from the fees |
21 |
| required under subsections (a) and (b)
of Section 13 in the |
22 |
| State Treasury to the credit of this Fund. Beginning
July 1, |
23 |
| 1997, and until December 31 of the year in which the Task Group
|
24 |
| approves a proposed site under Section 10.3, the
Department or |
25 |
| the Agency
shall deposit all fees collected under subsections |
26 |
| (a)
and (b) of Section 13 of this Act into the
Fund. Subject to |
27 |
| appropriation, the
Department or the Agency is authorized to |
28 |
| expend all
moneys in the Fund in amounts it deems necessary
|
29 |
| for:
|
30 |
| (1) hiring personnel and any other operating and |
31 |
| contingent expenses
necessary for the proper |
32 |
| administration of this Act;
|
33 |
| (2) contracting with any firm for the purpose of |
34 |
| carrying out the
purposes of this Act;
|
35 |
| (3) grants to the Central Midwest Interstate Low-Level |
|
|
|
SB0429 |
- 30 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| Radioactive Waste
Commission;
|
2 |
| (4) hiring personnel, contracting with any person, and |
3 |
| meeting any
other expenses incurred by the
Department or |
4 |
| the Agency in fulfilling its
responsibilities under the |
5 |
| Radioactive Waste Compact Enforcement Act;
|
6 |
| (5) activities under Sections 10, 10.2 and 10.3;
|
7 |
| (6) payment of fees in lieu of taxes to a local |
8 |
| government
having within
its boundaries a regional |
9 |
| disposal facility;
|
10 |
| (7) payment of grants to counties or municipalities |
11 |
| under
Section 12.1; and
|
12 |
| (8) fulfillment of obligations under a community |
13 |
| agreement
under Section 12.1.
|
14 |
| In spending monies pursuant to such appropriations, the
|
15 |
| Department or the Agency shall
to the extent practicable avoid |
16 |
| duplicating expenditures made by any firm
pursuant to a |
17 |
| contract awarded under this Section. On or before March 1,
1989 |
18 |
| and on or before October 1
of 1989, 1990, 1991, 1992, and 1993, |
19 |
| the
Department of Nuclear Safety shall deliver to the
Governor, |
20 |
| the President and Minority Leader of the Senate, the Speaker |
21 |
| and
Minority Leader of the House, and each of the generators |
22 |
| that have
contributed during the preceding State fiscal year to |
23 |
| the Low-Level
Radioactive Waste Facility Development and |
24 |
| Operation Fund a financial
statement, certified and verified by |
25 |
| the Director, which details all
receipts and expenditures from |
26 |
| the fund during the preceding State fiscal
year; provided that |
27 |
| the report due on or before March 1, 1989 shall detail
all |
28 |
| receipts and expenditures from the fund during the period from |
29 |
| July 1,
1988 through January 31, 1989. The financial statements |
30 |
| shall identify all
sources of income to the
fund and all |
31 |
| recipients of expenditures from the fund, shall specify the
|
32 |
| amounts of all the income and expenditures, and shall indicate |
33 |
| the amounts
of all the income and expenditures, and shall |
34 |
| indicate the purpose for all
expenditures.
|
35 |
| (b) There is hereby created in the State Treasury a special |
36 |
| fund to be
known as the "Low-Level Radioactive Waste Facility |
|
|
|
SB0429 |
- 31 - |
LRB094 10668 RSP 41034 b |
|
|
1 |
| Closure, Post-Closure
Care and Compensation Fund".
All monies |
2 |
| within the Low-Level Radioactive Waste Facility Closure,
|
3 |
| Post-Closure Care and Compensation Fund shall be invested by |
4 |
| the State
Treasurer in accordance with established investment |
5 |
| practices. Interest earned
by such investment shall be returned |
6 |
| to the Low-Level Radioactive Waste
Facility Closure, |
7 |
| Post-Closure Care and Compensation Fund.
The
Department of |
8 |
| Nuclear Safety or its successor agency, the Illinois Emergency |
9 |
| Management Agency, shall deposit 20% of all
receipts from the |
10 |
| fees required under subsections (a) and (b) of Section 13
of |
11 |
| this Act in the State Treasury to the credit of this Fund, |
12 |
| except
that, pursuant to subsection (a) of Section 14 of this |
13 |
| Act, there shall be no
such deposit
into this Fund between July |
14 |
| 1, 1997 and December 31 of the year in which the
Task Group |
15 |
| approves a proposed site pursuant to Section 10.3 of this Act.
|
16 |
| All deposits
into this
Fund shall be held by the State |
17 |
| Treasurer separate and apart from all
public money or funds of |
18 |
| this State. Subject to appropriation, the
Department or the |
19 |
| Agency is authorized to expend any moneys in this Fund in |
20 |
| amounts it deems
necessary for:
|
21 |
| (1) decommissioning and other procedures required for |
22 |
| the proper closure
of the regional disposal facility;
|
23 |
| (2) monitoring, inspecting, and other procedures |
24 |
| required for the proper
closure, decommissioning, and
|
25 |
| post-closure care of the regional disposal facility;
|
26 |
| (3) taking any remedial actions necessary to protect |
27 |
| human health and
the environment from releases or |
28 |
| threatened releases of wastes from
the regional disposal |
29 |
| facility;
|
30 |
| (4) the purchase of facility and third-party liability |
31 |
| insurance
necessary during the institutional control |
32 |
| period of the regional
disposal facility;
|
33 |
| (5) mitigating the impacts of the suspension or |
34 |
| interruption of the
acceptance of waste for disposal;
|
35 |
| (6) compensating any person suffering any damages or |
36 |
| losses to a
person or property caused by a release from the |
|
|
|
SB0429 |
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LRB094 10668 RSP 41034 b |
|
|
1 |
| regional disposal facility
as provided
for in Section 15; |
2 |
| and
|
3 |
| (7) fulfillment of obligations under a community |
4 |
| agreement under Section
12.1.
|
5 |
| On or before March 1 of each year, the
Department of |
6 |
| Nuclear Safety or its successor agency, the Illinois Emergency |
7 |
| Management Agency, shall deliver to the
Governor, the President |
8 |
| and Minority Leader of the Senate, the Speaker and
Minority |
9 |
| Leader of the House, and each of the generators that have
|
10 |
| contributed during the preceding State fiscal year to the Fund |
11 |
| a financial
statement, certified and verified by the Director, |
12 |
| which details all
receipts and expenditures from the Fund |
13 |
| during the preceding State fiscal
year. The financial |
14 |
| statements shall identify all sources of income to the
Fund and |
15 |
| all recipients of expenditures from the Fund, shall specify the
|
16 |
| amounts of all the income and expenditures, and shall indicate |
17 |
| the amounts
of all the income and expenditures, and shall |
18 |
| indicate the purpose for all
expenditures.
|
19 |
| (c) (Blank).
|
20 |
| (d) The
Department of Nuclear Safety or its successor |
21 |
| agency, the Illinois Emergency Management Agency, may accept |
22 |
| for any of its purposes and functions
any donations, grants of |
23 |
| money, equipment, supplies, materials, and services
from any |
24 |
| state or the United States, or from any institution, person, |
25 |
| firm
or corporation. Any donation or grant of money received |
26 |
| after January 1,
1986 shall be deposited in either the |
27 |
| Low-Level Radioactive Waste
Facility Development and Operation |
28 |
| Fund or the Low-Level Radioactive Waste
Facility Closure, |
29 |
| Post-Closure Care and Compensation Fund, in accordance
with the |
30 |
| purpose of the grant.
|
31 |
| (Source: P.A. 92-276, eff. 8-7-01.)
|
32 |
| (420 ILCS 20/15) (from Ch. 111 1/2, par. 241-15)
|
33 |
| Sec. 15. Compensation.
|
34 |
| (a) Any person may apply to the Agency
Department pursuant |
35 |
| to this Section for
compensation of a loss caused by the |
|
|
|
SB0429 |
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LRB094 10668 RSP 41034 b |
|
|
1 |
| release, in Illinois, of radioactivity
from the regional |
2 |
| disposal facility. The Agency
Department shall prescribe |
3 |
| appropriate
forms and procedures for claims filed pursuant to |
4 |
| this Section, which shall
include, as a minimum, the following:
|
5 |
| (1) Provisions requiring the claimant to make a sworn |
6 |
| verification of
the claim to the best of his or her |
7 |
| knowledge.
|
8 |
| (2) A full description, supported by appropriate |
9 |
| evidence from
government agencies, of the release of the |
10 |
| radioactivity claimed to be the
cause of the physical |
11 |
| injury, illness, loss of income or property damage.
|
12 |
| (3) If making a claim based upon physical injury or |
13 |
| illness, certification
of the medical history of the |
14 |
| claimant for the 5 years preceding the date of
the claim, |
15 |
| along with certification of the alleged physical injury or |
16 |
| illness,
and expenses for the physical injury or illness, |
17 |
| made by hospitals, physicians
or other qualified medical |
18 |
| authorities.
|
19 |
| (4) If making a claim for lost income, information on |
20 |
| the claimant's
income as reported on his or her federal |
21 |
| income tax return or other document
for the preceding 3 |
22 |
| years in order to compute lost wages or income.
|
23 |
| (b) The Agency
Department shall hold at least one hearing, |
24 |
| if requested by the
claimant, within 60 days of submission of a |
25 |
| claim to the Agency
Department . The
Director shall render a |
26 |
| decision on a claim within 30 days of the hearing
unless all of |
27 |
| the parties to the claim agree in writing to an extension of
|
28 |
| time. All decisions rendered by the Director shall be in |
29 |
| writing, with
notification to all appropriate parties. The |
30 |
| decision shall be considered
a final administrative decision |
31 |
| for the purposes of judicial review.
|
32 |
| (c) The following losses shall be compensable under this |
33 |
| Section,
provided that the Agency
Department has found that the |
34 |
| claimant has established,
by the weight of the evidence, that |
35 |
| the losses were proximately caused by
the designated release |
36 |
| and are not otherwise compensable under law:
|
|
|
|
SB0429 |
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LRB094 10668 RSP 41034 b |
|
|
1 |
| (1) One hundred percent of uninsured, out-of-pocket |
2 |
| medical expenses, for
up to 3 years from the onset of |
3 |
| treatment;
|
4 |
| (2) Eighty percent of any uninsured, actual lost wages, |
5 |
| or business
income in lieu of wages, caused by injury to |
6 |
| the claimant or the claimant's
property, not to exceed |
7 |
| $15,000 per year for 3 years;
|
8 |
| (3) Eighty percent of any losses or damages to real or |
9 |
| personal
property; and
|
10 |
| (4) One hundred percent of costs of any remedial |
11 |
| actions on such
property necessary to protect human health |
12 |
| and the environment.
|
13 |
| (d) No claim may be presented to the Agency
Department |
14 |
| under this Section
later than 5 years from the date of |
15 |
| discovery of the damage or loss.
|
16 |
| (e) Compensation for any damage or loss under this Section |
17 |
| shall
preclude indemnification or reimbursement from any other |
18 |
| source for the
identical damage or loss, and indemnification or |
19 |
| reimbursement from any
other source shall preclude |
20 |
| compensation under this Section.
|
21 |
| (f) The Agency
Department shall adopt, and revise when |
22 |
| appropriate, rules and
regulations necessary to implement the |
23 |
| provisions of this Section,
including methods that provide for |
24 |
| establishing that a claimant has
exercised reasonable |
25 |
| diligence in satisfying the conditions of the
application |
26 |
| requirements, for specifying the proof necessary to establish a
|
27 |
| damage or loss compensable under this Section and for |
28 |
| establishing
the administrative procedures to be followed in |
29 |
| reviewing claims.
|
30 |
| (g) Claims approved by the Director shall be paid from the |
31 |
| Low-Level
Radioactive Waste Facility Closure, Post-Closure |
32 |
| Care and Compensation
Fund, except that claims shall not be |
33 |
| paid in excess of the amount
available in the Fund. In the case |
34 |
| of insufficient amounts in the Fund to
satisfy claims against |
35 |
| the Fund, the General Assembly may appropriate
monies to the |
36 |
| Fund in amounts it deems necessary to pay the claims.
|
|
|
|
SB0429 |
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LRB094 10668 RSP 41034 b |
|
|
1 |
| (Source: P.A. 87-1166.)
|
2 |
| (420 ILCS 20/17) (from Ch. 111 1/2, par. 241-17)
|
3 |
| Sec. 17. Penalties.
|
4 |
| (a) Any person operating any facility in violation of |
5 |
| Section 8
shall be subject to a civil penalty not to exceed |
6 |
| $100,000 per day of
violation.
|
7 |
| (b) Any person failing to pay the fees provided for in
|
8 |
| Section 13 shall be liable to a civil penalty not to exceed 4 |
9 |
| times the
amount of the fees not paid.
|
10 |
| (c) At the request of the Agency
Department , the civil |
11 |
| penalties shall be recovered
in an action brought by the |
12 |
| Attorney General on behalf of the State in the
circuit court in |
13 |
| which the violation occurred. All amounts collected from
fines |
14 |
| under this Section shall be deposited in the Low-Level |
15 |
| Radioactive
Waste Facility Closure, Post-Closure Care and |
16 |
| Compensation Fund.
|
17 |
| (Source: P.A. 87-1166.)
|
18 |
| (420 ILCS 20/18) (from Ch. 111 1/2, par. 241-18)
|
19 |
| Sec. 18. Judicial review.
|
20 |
| Any person affected by a
final order or determination of |
21 |
| the
Department of Nuclear Safety or its successor agency, the |
22 |
| Illinois Emergency Management Agency, under this Act may
obtain |
23 |
| judicial review, by filing a
petition for review within 90 days |
24 |
| after the entry of the order or other
final action complained |
25 |
| of.
|
26 |
| The review proceeding shall be conducted in accordance with |
27 |
| the
Administrative Review Law, except that the proceeding shall |
28 |
| originate in
the appellate court rather than in the circuit |
29 |
| court.
|
30 |
| (Source: P.A. 86-1044; 86-1050; 86-1475; 87-1244; 87-1267.)
|
31 |
| (420 ILCS 20/21.1) (from Ch. 111 1/2, par. 241-21.1)
|
32 |
| Sec. 21.1. (a) For the purpose of conducting subsurface |
33 |
| surveys and
other studies under this Act, officers and |
|
|
|
SB0429 |
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LRB094 10668 RSP 41034 b |
|
|
1 |
| employees of the Agency
Department and
officers and employees |
2 |
| of any person under contract or subcontract with the Agency
|
3 |
| Department shall have the power to enter upon the lands or |
4 |
| waters of any
person upon written notice to the known owners |
5 |
| and occupants, if any.
|
6 |
| (b) In addition to the powers under subsection (a), and |
7 |
| without
limitation to those powers, the Agency
Department and |
8 |
| any person under contract or
subcontract with the Agency
|
9 |
| Department shall also have the power to enter
contracts and |
10 |
| agreements which allow entry upon the lands or waters of any
|
11 |
| person for the purpose of conducting subsurface surveys and |
12 |
| other studies under this Act.
|
13 |
| (c) The Agency
Department shall be responsible for any |
14 |
| actual damages
occasioned by the entry upon the lands or waters |
15 |
| of any person under this Section.
|
16 |
| (Source: P.A. 85-1133.)
|
17 |
| Section 99. Effective date. This Act takes effect upon |
18 |
| becoming law.
|