HB2301 EngrossedLRB103 25735 AWJ 52084 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Central Midwest Radioactive Waste Compact
5Act is amended by changing Section 1 as follows:
 
6    (45 ILCS 140/1)  (from Ch. 127, par. 63v-1)
7    Sec. 1. The State of Illinois ratifies and approves the
8following compact:
 
9
ARTICLE I. POLICY AND PURPOSE
10    There is created the Central Midwest Interstate Low-Level
11Radioactive Waste Compact.
12    The states party to this compact recognize that the
13Congress of the United States, by enacting the Low-Level
14Radioactive Waste Policy Act (42 U.S.C. 2021), has provided
15for and encouraged the development of low-level radioactive
16waste compacts as a tool for managing such waste. The party
17states also recognize that the management of low-level
18radioactive waste is handled most efficiently on a regional
19basis; and, that the safe and efficient management of
20low-level radioactive waste generated within the region
21requires that sufficient capacity to manage such waste be
22properly provided.

 

 

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1    a) It is the policy of the party states to enter into a
2regional low-level radioactive waste management compact for
3the purpose of:
4    1) providing the instrument and framework for a
5cooperative effort;
6    2) providing sufficient facilities for the proper
7management of low-level radioactive waste generated in the
8region;
9    3) protecting the health and safety of the citizens of the
10region;
11    4) limiting the number of facilities required to manage
12low-level radioactive waste generated in the region
13effectively and efficiently;
14    5) promoting the volume and source reduction of low-level
15radioactive waste generated in the region;
16    6) distributing the costs, benefits and obligations of
17successful low-level radioactive waste management equitably
18among the party states and among generators and other persons
19who use regional facilities to manage their waste;
20    7) ensuring the ecological and economical management of
21low-level radioactive waste, including the prohibition of
22shallow-land burial of waste; and
23    8) promoting the use of above-ground facilities and other
24disposal technologies providing greater and safer confinement
25of low-level radioactive waste than shallow-land burial
26facilities.

 

 

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1    b) Implicit in the Congressional consent to this compact
2is the expectation by the Congress and the party states that
3the appropriate federal agencies will actively assist the
4Compact Commission and the individual party states to this
5compact by:
6    1) expeditious enforcement of federal rules, regulations
7and laws;
8    2) imposition of sanctions against those found to be in
9violation of federal rules, regulations and laws; and
10    3) timely inspection of their licensees to determine their
11compliance with these rules, regulations and laws.
 
12
ARTICLE II. DEFINITIONS
13    As used in this compact, unless the context clearly
14requires a different construction:
15    a) "Commission" means the Central Midwest Interstate
16Low-Level Radioactive Waste Commission.
17    b) "Decommissioning" means the measures taken at the end
18of a facility's operating life to assure the continued
19protection of the public from any residual radioactivity or
20other potential hazards present at a facility.
21    c) "Disposal" means the isolation of waste from the
22biosphere in a permanent facility designed for that purpose.
23    d) "Eligible state" means either the State of Illinois or
24the Commonwealth of Kentucky.
25    e) "Extended care" means the continued observation of a

 

 

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1facility after closure for the purpose of detecting a need for
2maintenance, ensuring environmental safety, and determining
3compliance with applicable licensure and regulatory
4requirements and includes undertaking any action or clean-up
5necessary to protect public health and the environment from
6radioactive releases from a regional facility.
7    f) "Facility" means a parcel of land or site, together
8with the structures, equipment and improvements on or
9appurtenant to the land or site, which is used or is being
10developed for the treatment, storage or disposal of low-level
11radioactive waste.
12    g) "Generator" means a person who produces or possesses
13low-level radioactive waste in the course of or incident to
14manufacturing, power generation, processing, medical diagnosis
15and treatment, research, or other industrial or commercial
16activity and who, to the extent required by law, is licensed by
17the U.S. Nuclear Regulatory Commission or a party state, to
18produce or possess such waste.
19    h) "Host state" means any party state that is designated
20by the Commission to host a regional facility.
21    i) "Institutional control" means those activities carried
22out by the host state to physically control access to the
23disposal site following transfer of control of the disposal
24site from the disposal site operator to the state or federal
25government. These activities must include, but need not be
26limited to, environmental monitoring, periodic surveillance,

 

 

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1minor custodial care, and other necessary activities at the
2site as determined by the host state, and administration of
3funds to cover the costs for these activities. The period of
4institutional control will be determined by the host state,
5but institutional control may not be relied upon for more than
6100 years following transfer of control of the disposal site
7to the state or federal government.
8    j) "Long-term liability" means the financial obligation to
9compensate any person for medical and other expenses incurred
10from damages to human health, personal injuries suffered from
11damages to human health and damages or losses to real or
12personal property, and to provide for the costs for
13accomplishing any necessary corrective action or clean-up on
14real or personal property caused by radioactive releases from
15a regional facility.
16    k) "Low-level radioactive waste" or "waste" means
17radioactive waste not classified as (1) high-level radioactive
18waste, (2) transuranic waste, (3) spent nuclear fuel, or (4)
19byproduct by-product material as defined in Sections Section
2011e(2), 11e(3), and 11e(4) of the Atomic Energy Act of 1954 (42
21U.S.C. 2014). This definition shall apply notwithstanding any
22declaration by the federal government, a state, or any
23regulatory agency that any radioactive material is exempt from
24any regulatory control.
25    l) "Management plan" means the plan adopted by the
26Commission for the storage, transportation, treatment and

 

 

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1disposal of waste within the region.
2    m) "Manifest" means a shipping document identifying the
3generator of waste, the volume of waste, the quantity of
4radionuclides in the shipment, and such other information as
5may be required by the appropriate regulatory agency.
6    n) "Party state" means any eligible state which enacts the
7compact into law and pays the membership fee.
8    o) "Person" means any individual, corporation, business
9enterprise or other legal entity, either public or private,
10and any legal successor, representative, agent or agency of
11that individual, corporation, business enterprise, or legal
12entity.
13    p) "Region" means the geographical area of the party
14states.
15    q) "Regional facility" means any facility as defined in
16Article II (f) that is (1) located within the region, and (2)
17established by a party state pursuant to designation of that
18state as a host state by the Commission.
19    r) "Shallow-land burial" means a land disposal facility in
20which radioactive waste is disposed of in or within the upper
2130 meters of the earth's surface; however, this definition
22shall not include an enclosed, engineered, strongly
23structurally enforced and solidified bunker that extends below
24the earth's surface.
25    s) "Site" means the geographic location of a facility.
26    t) "Source reduction" means those administrative practices

 

 

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1that reduce the radionuclide levels in low-level radioactive
2waste or that prevent the generation of additional low-level
3radioactive waste.
4    u) "State" means a state of the United States, the
5District of Columbia, the Commonwealth of Puerto Rico, the
6Virgin Islands or any other territorial possession of the
7United States.
8    v) "Storage" means the temporary holding of waste for
9treatment or disposal.
10    w) "Treatment" means any method, technique or process,
11including storage for radioactive decay, designed to change
12the physical, chemical or biological characteristics or
13composition of any waste in order to render the waste safer for
14transport or management, amenable to recovery, convertible to
15another usable material or reduced in volume.
16    x) "Volume reduction" means those methods including, but
17not limited to, biological, chemical, mechanical and thermal
18methods used to reduce the amount of space that waste
19materials occupy and to put them into a form suitable for
20storage or disposal.
21    y) "Waste management" means the source and volume
22reduction, storage, transportation, treatment or disposal of
23waste.
 
24
ARTICLE III. THE COMMISSION
25    a) There is created the Central Midwest Interstate

 

 

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1Low-Level Radioactive Waste Commission. Upon the eligible
2states becoming party states, the Commission shall consist of
3two voting Commissioners from each state eligible to be
4designated a host state under Article VI(b), one voting
5Commissioner from any other party state, and for each regional
6facility, one non-voting Commissioner who is an elected
7official of local government and a resident of the county
8where that regional facility is located. The Governor of each
9party state shall notify the Commission in writing of its
10Commissioners and any alternates.
11    b) Each voting Commissioner is entitled to one vote. No
12action of the Commission is binding unless a majority of the
13voting membership casts its vote in the affirmative. In
14addition, no agreement by the Commission under Article
15III(i)(1), Article III(i)(2), or Article III(i)(3) is valid
16unless all voting Commissioners from the party state in which
17the facility where the waste would be sent is located cast
18their votes in the affirmative.
19    c) The Commission shall elect annually from among its
20members a chairperson. The Commission shall adopt and publish,
21in convenient form, by-laws and policies that are not
22inconsistent with this compact, including procedures that
23conform with the provisions of the Federal Administrative
24Procedure Act (5 U.S.C. ss. 500 to 559) to the greatest extent
25practicable in regard to notice, conduct and recording of
26meetings; access by the public to records; provision of

 

 

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1information to the public; conduct of adjudicatory hearings;
2and issuance of decisions.
3    d) The Commission shall meet at least once annually and
4shall also meet upon the call of any voting Commissioner.
5    e) All meetings of the Commission and its designated
6committees shall be open to the public with reasonable advance
7notice. The Commission may, by majority vote, close a meeting
8to the public for the purpose of considering sensitive
9personnel or legal strategy matters. However, all Commission
10actions and decisions shall be made in open meetings and
11appropriately recorded. A roll call may be required upon
12request of any voting Commissioner.
13    f) The Commission may establish advisory committees for
14the purpose of advising the Commission on any matters
15pertaining to waste management, waste generation and source
16and volume reduction.
17    g) The Office of the Commission shall be in Illinois. The
18Commission may appoint or contract for and compensate such
19staff necessary to carry out its duties and functions. The
20staff shall serve at the Commission's pleasure with the
21exception that staff hired as the result of securing federal
22funds shall be hired and governed under applicable federal
23statutes and regulations. In selecting any staff, the
24Commission shall assure that the staff has adequate experience
25and formal training to carry out the functions assigned to it
26by the Commission.

 

 

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1    h) All files, records and data of the Commission shall be
2open to reasonable public inspection and may be copied upon
3payment of reasonable fees to be established where appropriate
4by the Commission, except for information privileged against
5introduction in judicial proceedings. Such fees may be waived
6or shall be reduced substantially for not-for-profit
7organizations.
8    i) The Commission may:
9    1) Enter into an agreement with any person to allow waste
10from outside the region to be disposed of at facilities in the
11region. However, no such agreement shall be effective unless
12and until ratified by a law enacted by the party state to which
13the waste would be sent for disposal.
14    2) Enter into an agreement with any person to allow waste
15described in Article VII(a)(6) to be treated, stored, or
16disposed of at regional facilities. However, no such agreement
17shall be effective unless and until ratified by a law enacted
18by the host state of the regional facility where the waste
19would be sent for treatment, storage, or disposal.
20    3) Enter into an agreement with any person to allow waste
21from outside the region to be treated or stored at facilities
22in the region. However, any such agreement shall be revoked as
23a matter of law if, within one year of the effective date of
24the agreement, a law is enacted ordering the revocation by the
25party state where the waste would be sent for treatment or
26storage.

 

 

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1    4) Approve, or enter into an agreement with any person
2for, the export of waste from the region.
3    5) Approve the disposal of waste generated within the
4region at a facility in the region other than a regional
5facility, subject to the limitations of Articles V(f) and
6VII(a)(6).
7    6) Require that waste generated within the region be
8treated or stored at available regional facilities, subject to
9the limitations of Articles V(f), VII(a)(3) and VII(a)(6).
10    7) Appear as an intervenor or party in interest before any
11court of law or any federal, state or local agency, board or
12commission in any matter related to waste management. In order
13to represent its views, the Commission may arrange for any
14expert testimony, reports, evidence or other participation.
15    8) Review the emergency closure of a regional facility,
16determine the appropriateness of that closure, and take
17whatever actions are necessary to ensure that the interests of
18the region are protected, provided that a party state with a
19total volume of waste recorded on low-level radioactive waste
20manifests for any year that is less than 10 percent of the
21total volume recorded on such manifests for the region during
22the same year shall not be designated a host state or be
23required to store the region's waste. In determining the 10
24percent exclusion, there shall not be included waste recorded
25on low-level radioactive waste manifests by a person whose
26principal business is providing a service by arranging for the

 

 

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1collection, transportation, treatment, storage or disposal of
2such waste.
3    9) Take any action which is appropriate and necessary to
4perform its duties and functions as provided in this compact.
5    10) Suspend the privileges or revoke the membership of a
6party state.
7    j) The Commission shall:
8    1) Submit within 10 days of its execution to the governor
9and the appropriate officers of the legislative body of the
10party state in which any affected facility is located a copy of
11any agreement entered into by the Commission under Article
12III(i)(1), Article III(i)(2) or Article III(i)(3).
13    2) Submit an annual report to, and otherwise communicate
14with, the governors and the appropriate officers of the
15legislative bodies of the party states regarding the
16activities of the Commission. The annual report shall include
17a description of the status of the activities taken pursuant
18to any agreement entered into by the Commission under Article
19III(i)(1), Article III(i)(2) or Article III(i)(3) and any
20violation of any provision thereof, and a description of the
21source, volume, activity, and current status of any waste from
22outside the region or waste described under Article VII(a)(6)
23that was treated, stored or disposed of in the region in the
24previous year.
25    3) Hear, negotiate, and, as necessary, resolve by final
26decision disputes which may arise between the party states

 

 

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1regarding this compact.
2    4) Adopt and amend, as appropriate, a regional management
3plan that plans for the establishment of needed regional
4facilities.
5    5) Adopt an annual budget.
6    k) Funding of the budget of the Commission shall be
7provided as follows:
8    1) Each state, upon becoming a party state, shall pay
9$50,000 to the Commission which shall be used for the
10administrative costs of the Commission.
11    2) Each state hosting a regional facility shall levy
12surcharges on each user of the regional facility based upon
13its portion of the total volume and characteristics of wastes
14managed at that facility. The surcharges collected at all
15regional facilities shall:
16    A) be sufficient to cover the annual budget of the
17Commission; and
18    B) be paid to the Commission, provided, however, that each
19host state collecting surcharges may retain a portion of the
20collection sufficient to cover its administrative costs of
21collection.
22    l) The Commission shall keep accurate accounts of all
23receipts and disbursements. The Commission shall contract with
24an independent certified public accountant to annually audit
25all receipts and disbursements of Commission funds and to
26submit an audit report to the Commission. The audit report

 

 

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1shall be made a part of the annual report of the Commission
2required by this Article.
3    m) The Commission may accept for any of its purposes and
4functions and may utilize and dispose of any donations, grants
5of money, equipment, supplies, materials and services from any
6state or the United States (or any subdivision or agency
7thereof), or interstate agency, or from any institution,
8person, firm or corporation. The nature, amount and condition,
9if any, attendant upon any donation or grant accepted or
10received by the Commission together with the identity of the
11donor, grantor or lender, shall be detailed in the annual
12report of the Commission. The Commission shall establish
13guidelines for the acceptance of donations, grants, equipment,
14supplies, materials and services and shall review such
15guidelines annually.
16    n) The Commission is not liable for any costs associated
17with any of the following:
18    1) the licensing and construction of any facility;
19    2) the operation of any facility;
20    3) the stabilization and closure of any facility;
21    4) the extended care of any facility;
22    5) the institutional control, after extended care of any
23facility; or
24    6) the transportation of waste to any facility.
25    o) The Commission is a legal entity separate and distinct
26from the party states and is liable for its actions as a

 

 

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1separate and distinct legal entity. Commissioners are not
2personally liable for actions taken by them in their official
3capacity.
4    p) Except as provided under Article III(n), Article
5III(o), Article VI(p) and Article VI(q), nothing in this
6compact alters liability for any action, omission, course of
7conduct or liability resulting from any causal or other
8relationships.
9    q) Any person aggrieved by a final decision of the
10Commission which adversely affects the legal rights, duties or
11privileges of such person, may petition a court of competent
12jurisdiction, within 60 days after the Commission's final
13decision, to obtain judicial review of said final decision.
 
14
ARTICLE IV. REGIONAL MANAGEMENT PLAN
15    The Commission shall adopt a regional management plan
16designed to ensure the safe and efficient management of waste
17generated within the region. In adopting a regional waste
18management plan the Commission shall:
19    a) Adopt procedures for determining, consistent with
20considerations of public health and safety, the type and
21number of regional facilities which are presently necessary
22and which are projected to be necessary to manage waste
23generated within the region.
24    b) Develop and adopt policies promoting source and volume
25reduction of waste generated within the region.

 

 

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1    c) Develop alternative means for the treatment, storage
2and disposal of waste, other than shallow-land burial or
3underground injection well.
4    d) Prepare a draft regional management plan that shall be
5made available in a convenient form to the public for comment.
6The Commission shall conduct one or more public hearings in
7each party state prior to the adoption of the regional
8management plan. The regional management plan shall include
9the Commission's response to public and party state comment.
 
10
ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES
11    a) Each party state shall act in good faith in the
12performance of acts and courses of conduct which are intended
13to ensure the provision of facilities for regional
14availability and usage in a manner consistent with this
15compact.
16    b) Other than the provisions of Article V(f) and
17VII(a)(6), each party state has the right to have all wastes
18generated within its borders managed at regional facilities.
19This right shall be subject to the provisions of this Compact.
20All party states have an equal right of access to any facility
21outside the region made available to the region by any
22agreement entered into by the Commission pursuant to Article
23III(i)(4).
24    c) Party states or generators may negotiate for the right
25of access to a facility outside the region and may export waste

 

 

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1outside the region subject to Commission approval under
2Article III(i)(4).
3    d) To the extent permitted by federal law, each party
4state may enforce any applicable federal and state laws,
5regulations and rules pertaining to the packaging and
6transportation of waste generated within or passing through
7its borders. Nothing in this Section shall be construed to
8require a party state to enter into any agreement with the U.S.
9Nuclear Regulatory Commission.
10    e) Each party state shall provide to the Commission any
11data and information the Commission requires to implement its
12responsibilities. Each party state shall establish the
13capability to obtain any data and information required by the
14Commission.
15    f) Waste originating from the Maxey Flats nuclear waste
16disposal site in Fleming County, Kentucky shall not be shipped
17to any facility in Illinois for storage, treatment or
18disposal. Disposition of these wastes shall be the sole
19responsibility of the Commonwealth of Kentucky and such waste
20shall not be subject to the provisions of Article IX(b)(3) and
21(4) of this compact.
 
22
ARTICLE VI. DEVELOPMENT AND OPERATION OF FACILITIES
23    a) Any party state may volunteer to become a host state,
24and the Commission may designate that state as a host state.
25    b) If all regional facilities required by the regional

 

 

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1management plan are not developed pursuant to Article VI(a),
2or upon notification that an existing regional facility will
3be closed, the Commission may designate a party state as a host
4state. A party state shall not be designated as a host state
5for any regional facility under this Article VI(b) unless that
6state's total volume of waste recorded on low-level
7radioactive waste manifests for any year is more than 10% of
8the total volume recorded on those manifests for the region
9during the same year. In determining the 10% exclusion, there
10shall not be included waste recorded on low-level radioactive
11waste manifests by a person whose principal business is
12providing a service by arranging for the collection,
13transportation, treatment, storage or disposal of such waste,
14or waste described in Article VII(a)(6).
15    c) Each party state designated as a host state is
16responsible for determining possible facility locations within
17its borders. The selection of a facility site shall not
18conflict with applicable federal and host state laws,
19regulations and rules not inconsistent with this compact and
20shall be based on factors including, but not limited to,
21geological, environmental, engineering and economic viability
22of possible facility locations.
23    d) Any party state designated as a host state may request
24the Commission to relieve that state of the responsibility to
25serve as a host state. The Commission may relieve a party state
26of this responsibility upon a showing by the requesting party

 

 

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1state that no feasible potential regional facility site of the
2type it is designated to host exists within its borders or for
3other good cause shown and consistent with the purposes of the
4Compact.
5    e) After a state is designated a host state by the
6Commission, it is responsible for the timely development and
7operation of a regional facility.
8    f) To the extent permitted by federal and state law, a host
9state shall regulate and license any facility within its
10borders and ensure the extended care of that facility.
11    g) The Commission may designate a party state as a host
12state while a regional facility is in operation if the
13Commission determines that an additional regional facility is
14or may be required to meet the needs of the region.
15    h) Designation of a host state is for a period of 20 years
16or the life of the regional facility which is established
17under that designation, whichever is shorter. Upon request of
18a host state, the Commission may modify the period of its
19designation.
20    i) A host state may establish a fee system for any regional
21facility within its borders. The fee system shall be
22reasonable and equitable. This fee system shall provide the
23host state with sufficient revenue to cover any costs
24including, but not limited to, the planning, siting,
25licensure, operation, pre-closure corrective action or
26clean-up, monitoring, inspection, decommissioning, extended

 

 

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1care and long-term liability, associated with such facilities.
2This fee system may provide for payment to units of local
3government affected by a regional facility for costs incurred
4in connection with such facility. This fee system may also
5include reasonable revenue beyond the costs incurred for the
6host state, subject to approval by the Commission. The fee
7system shall include incentives for source or volume reduction
8and may be based on the hazard of the waste. A host state shall
9submit an annual financial audit of the operation of the
10regional facility to the Commission.
11    j) A host state shall ensure that a regional facility
12located within its borders which is permanently closed is
13properly decommissioned. A host state shall also provide for
14the extended care of a closed or decommissioned regional
15facility within its borders so that the public health and
16safety of the state and region are ensured, unless, pursuant
17to the federal Nuclear Waste Policy Act of 1982, the federal
18government has assumed title and custody of the regional
19facility and the federal government thereby has assumed
20responsibility to provide for the extended care of such
21facility.
22    k) A host state intending to close a regional facility
23located within its borders shall notify the Commission in
24writing of its intention and the reasons. Notification shall
25be given to the Commission at least five years prior to the
26intended date of closure. This Section shall not prevent an

 

 

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1emergency closing of a regional facility by a host state to
2protect its air, land and water resources and the health and
3safety of its citizens. However, a host state which has an
4emergency closing of a regional facility shall notify the
5Commission in writing within 3 working days of its action and
6shall, within 30 working days of its action, demonstrate
7justification for the closing.
8    l) If a regional facility closes before an additional or
9new facility becomes operational, waste generated within the
10region may be shipped temporarily to any location agreed on by
11the Commission until a regional facility is operational,
12provided that the region's waste shall not be stored in a party
13state with a total volume of waste recorded on low-level
14radioactive waste manifests for any year which is less than
1510% of the total volume recorded on the manifests for the
16region during the same year. In determining the 10% exclusion,
17there shall not be included waste recorded on low-level
18radioactive waste manifests by a person whose principal
19business is providing a service by arranging for the
20collection, transportation, treatment, storage or disposal of
21such waste, or waste described in Article VII(a)(6).
22    m) A party state which is designated as a host state by the
23Commission and fails to fulfill its obligations as a host
24state may have its privileges under the compact suspended or
25membership in the compact revoked by the Commission.
26    n) The host state shall create an "Extended Care and

 

 

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1Long-Term Liability Fund" and shall allocate sufficient fee
2revenues, received pursuant to Article VI(i), to provide for
3the costs of:
4    1) decommissioning and other procedures required for the
5proper closure of a regional facility;
6    2) monitoring, inspection and other procedures required
7for the proper extended care of a regional facility;
8    3) undertaking any corrective action or clean-up necessary
9to protect human health and the environment from radioactive
10releases from a regional facility;
11    4) compensating any person for medical and other expenses
12incurred from damages to human health, personal injuries
13suffered from damages to human health and damages or losses to
14real or personal property, and accomplishing any necessary
15corrective action or clean-up on real or personal property
16caused by radioactive releases from a regional facility; the
17host state may allocate monies in this Fund in amounts as it
18deems appropriate to purchase insurance or to make other
19similar financial protection arrangements consistent with the
20purposes of this Fund; this Article VI(n) shall in no manner
21limit the financial responsibilities of the site operator
22under Article VI(o), the party states under Article VI(p), or
23any person who sends waste to a regional facility, under
24Article VI(q).
25    o) The operator of a regional facility shall purchase an
26amount of property and third-party liability insurance deemed

 

 

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1appropriate by the host state, pay the necessary periodic
2premiums at all times and make periodic payments to the
3Extended Care and Long-Term Liability Fund as set forth in
4Article VI(n) for such amounts as the host state reasonably
5determines is necessary to provide for future premiums to
6continue such insurance coverage, in order to pay the costs of
7compensating any person for medical and other expenses
8incurred from damages to human health, personal injuries
9suffered from damages to human health and damages or losses to
10real or personal property, and accomplishing any necessary
11corrective action or clean-up on real or personal property
12caused by radioactive releases from a regional facility. In
13the event of such costs resulting from radioactive releases
14from a regional facility, the host state should, to the
15maximum extent possible, seek to obtain monies from such
16insurance prior to using monies from the Extended Care and
17Long-Term Liability Fund.
18    p) All party states shall be liable for the cost of
19extended care and long-term liability in excess of monies
20available from the Extended Care and Long-Term Liability Fund,
21as set forth in Article VI(n) and from the property and
22third-party liability insurance as set forth in Article VI(o).
23A party state may meet such liability for costs by levying
24surcharges upon generators located in the party state. The
25extent of such liability shall be based on the proportionate
26share of the total volume of waste placed in the regional

 

 

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1facility by generators located in each such party state. Such
2liability shall be joint and several among the party states
3with a right of contribution between the party states.
4However, this Section shall not apply to a party state with a
5total volume of waste recorded on low-level radioactive waste
6manifests for any year that is less than 10% of the total
7volume recorded on such manifests for the region during the
8same year.
9    q) Any person who sends waste from outside the region or
10waste described in Article VII(a)(6) for treatment, storage or
11disposal at a regional facility shall be liable for the cost of
12extended care and long-term liability of that regional
13facility in excess of the monies available from the Extended
14Care and Long-Term Liability Fund as set forth in Article
15VI(n) and from the property and third-party liability
16insurance as set forth in Article VI(o). The extent of the
17liability for the person shall be based on the proportionate
18share of the total volume of waste sent by that person to the
19regional facility.
 
20
ARTICLE VII. OTHER LAWS AND REGULATIONS
21    a) Nothing in this compact:
22    1) abrogates or limits the applicability of any act of
23Congress or diminishes or otherwise impairs the jurisdiction
24of any federal agency expressly conferred thereon by the
25Congress;

 

 

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1    2) prevents the enforcement of any other law of a party
2state which is not inconsistent with this compact;
3    3) prohibits any storage or treatment of waste by the
4generator on its own premises;
5    4) affects any administrative or judicial proceeding
6pending on the effective date of this compact;
7    5) alters the relations between the respective internal
8responsibility of the government of a party state and its
9subdivisions;
10    6) establishes any right to the treatment, storage or
11disposal at any facility in the region or provides any
12authority to prohibit export from the region of waste that is
13owned or generated by the United States Department of Energy,
14owned or generated by the United States Navy as a result of the
15decommissioning of vessels of the United States Navy, or owned
16or generated as the result of any research, development,
17testing or production of any atomic weapon; or
18    7) affects the rights and powers of any party state or its
19political subdivisions, to the extent not inconsistent with
20this compact, to regulate and license any facility or the
21transportation of waste within its borders or affects the
22rights and powers of any state or its political subdivisions
23to tax or impose fees on the waste managed at any facility
24within its borders;
25    8) requires a party state to enter into any agreement with
26the U.S. Nuclear Regulatory Commission; or

 

 

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1    9) alters or limits liability of transporters of waste and
2owners and operators of sites for their acts, omissions,
3conduct or relationships in accordance with applicable laws.
4    b) For purposes of this compact, all state laws or parts of
5laws in conflict with this compact are hereby superseded to
6the extent of the conflict.
7    c) No law, rule, regulation, fee or surcharge of a party
8state, or of any of its subdivisions or instrumentalities, may
9be applied in a manner which discriminates against the
10generators of another party state.
11    d) No person who provides a service by arranging for
12collection, transportation, treatment, storage or disposal of
13waste from outside the region shall be allowed to dispose of
14any waste, regardless of origin, in the region unless
15specifically permitted under an agreement entered into by the
16Commission in accordance with the requirements of Article
17III(i)(1).
 
18
ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,
19
ENTRY INTO FORCE, TERMINATION
20    a) Eligible parties to this compact are the State of
21Illinois and Commonwealth of Kentucky. Eligibility terminates
22on April 15, 1985.
23    b) An eligible state becomes a party state when the state
24enacts the compact into law and pays the membership fee
25required in Article III(k)(1).

 

 

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1    c) The Commission is formed upon the appointment of the
2Commissioners and the tender of the membership fee payable to
3the Commission by the eligible states. The Governor of
4Illinois shall convene the initial meeting of the Commission.
5The Commission shall cause legislation to be introduced in the
6Congress which grants the consent of the Congress to this
7compact, and shall take action necessary to organize the
8Commission and implement the provisions of this compact.
9    d) Other than the special circumstances for withdrawal in
10Section (f) of this Article, either party state may withdraw
11from this compact at any time by repealing the authorizing
12legislation, but no withdrawal may take effect until 5 years
13after the Governor of the withdrawing state gives notice in
14writing of the withdrawal to the Commission and to the
15Governor of the other state. Withdrawal does not affect any
16liability already incurred by or chargeable to a party state
17prior to the time of such withdrawal. Any host state which
18grants a disposal permit for waste generated in a withdrawing
19state shall void the permit when the withdrawal of that state
20is effective.
21    e) This compact becomes effective July 1, 1984, or at any
22date subsequent to July 1, 1984, upon enactment by the
23eligible states. However, Article IX(b) shall not take effect
24until the Congress has by law consented to this compact. The
25Congress shall have an opportunity to withdraw such consent
26every 5 years. Failure of the Congress affirmatively to

 

 

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1withdraw its consent has the effect of renewing consent for an
2additional 5 year period. The consent given to this compact by
3the Congress shall extend to the power of the region to ban the
4shipment of waste into the region pursuant to Article
5III(i)(1) and to prohibit exportation of waste generated
6within the region under Article III(i)(4).
7    f) A state which has been designated a host state may
8withdraw from the compact. The option to withdraw must be
9exercised within 90 days of the date the Governor of the
10designated state receives written notice of the designation.
11Withdrawal becomes effective immediately after notice is given
12in the following manner. The Governor of the withdrawing state
13shall give notice in writing to the Commission and to the
14Governor of each party state. A state which withdraws from the
15compact under this Section forfeits any funds already paid
16pursuant to this compact. A designated host state which
17withdraws from the compact after 90 days and prior to
18fulfilling its obligations shall be assessed a sum the
19Commission determines to be necessary to cover the costs borne
20by the Commission and remaining party states as a result of
21that withdrawal.
 
22
ARTICLE IX. PENALTIES
23    a) Each party state shall prescribe and enforce penalties
24against any person who is not an official of another state for
25violation of any provision of this compact.

 

 

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1    b) Unless authorized by the Commission pursuant to Article
2III(i), or otherwise provided in this compact, after January
31, 1986 it is a violation of this compact:
4    1) for any person to deposit at a facility in the region
5waste from outside the region;
6    2) for any facility in the region to accept waste from
7outside the region;
8    3) for any person to export from the region waste that is
9generated within the region;
10    4) for any person to dispose of waste at a facility other
11than a regional facility;
12    5) for any person to deposit at a regional facility waste
13described in Article VII(a)(6); or
14    6) for any regional facility to accept waste described in
15Article VII(a)(6).
16    c) It is a violation of this compact for any person to
17treat or store waste at a facility other than a regional
18facility if such treatment or storage is prohibited by the
19Commission under Article III(i)(6).
20    d) Each party state acknowledges that the receipt by a
21host state of waste packaged or transported in violation of
22applicable laws, rules or regulations may result in the
23imposition of sanctions by the host state which may include
24suspension or revocation of the violator's right of access to
25the facility in the host state.
26    e) Each party state has the right to seek legal recourse

 

 

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1against any party state which acts in violation of this
2compact.
 
3
ARTICLE X. SEVERABILITY AND CONSTRUCTION
4    The provisions of this compact shall be severable and if
5any phrase, clause, sentence or provision of this compact is
6declared by a court of competent jurisdiction to be contrary
7to the Constitution of any participating state or the United
8States, or if the applicability thereof to any government,
9agency, person or circumstance is held invalid, the validity
10of the remainder of this compact and the applicability thereof
11to any government, agency, person or circumstance shall not be
12affected thereby. If any provision of this compact shall be
13held contrary to the Constitution of any state participating
14therein, the compact shall remain in full force and effect as
15to the state affected as to all severable matters.
16(Source: P.A. 90-655, eff. 7-30-98.)
 
17    Section 10. The Radioactive Waste Compact Enforcement Act
18is amended by changing Section 15 as follows:
 
19    (45 ILCS 141/15)
20    Sec. 15. Definitions. In this Act:
21    "Commission" means the Central Midwest Interstate
22Low-Level Radioactive Waste Commission.
23    "Compact" means the Central Midwest Interstate Low-Level

 

 

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1Radioactive Waste Compact.
2    "Disposal" means the isolation of waste from the biosphere
3in a permanent facility designed for that purpose.
4    "Facility" means a parcel of land or site, together with
5the structures, equipment, and improvements on or appurtenant
6to the land or site, that is used or is being developed for the
7treatment, storage or disposal of low-level radioactive waste.
8    "Low-level radioactive waste" or "waste" means radioactive
9waste not classified as (1) high-level radioactive waste, (2)
10transuranic waste, (3) spent nuclear fuel, or (4) byproduct
11by-product material as defined in Sections Section 11e(2),
1211e(3), and 11e(4) of the Atomic Energy Act (42 U.S.C. 2014).
13This definition shall apply notwithstanding any declaration by
14the federal government, a or any state, or any regulatory
15agency that any radioactive material is exempt from any
16regulatory control.
17    "Management plan" means the plan adopted by the Commission
18for the storage, transportation, treatment and disposal of
19waste within the region.
20    "Person" means any individual, corporation, business
21enterprise or other legal entity, public or private, and any
22legal successor, representative, agent or agency of that
23individual, corporation, business enterprise, or legal entity.
24    "Region" means the geographical area of the State of
25Illinois and the Commonwealth of Kentucky.
26    "Regional Facility" means any facility as defined in this

 

 

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1Act that is (1) located in Illinois, and (2) established by
2Illinois pursuant to designation of Illinois as a host state
3by the Commission.
4    "Storage" means the temporary holding of radioactive
5material for treatment or disposal.
6    "Treatment" means any method, technique or process,
7including storage for radioactive decay, designed to change
8the physical, chemical, or biological characteristics of the
9radioactive material in order to render the radioactive
10material safe for transport or management, amenable to
11recovery, convertible to another usable material, or reduced
12in volume.
13(Source: P.A. 87-1166.)
 
14    Section 15. The Illinois Low-Level Radioactive Waste
15Management Act is amended by changing Section 3 as follows:
 
16    (420 ILCS 20/3)  (from Ch. 111 1/2, par. 241-3)
17    Sec. 3. Definitions.
18    "Agency" means the Illinois Emergency Management Agency.
19    "Broker" means any person who takes possession of
20low-level waste for purposes of consolidation and shipment.
21    "Compact" means the Central Midwest Interstate Low-Level
22Radioactive Waste Compact.
23    "Decommissioning" means the measures taken at the end of a
24facility's operating life to assure the continued protection

 

 

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1of the public from any residual radioactivity or other
2potential hazards present at a facility.
3    "Director" means the Director of the Illinois Emergency
4Management Agency.
5    "Disposal" means the isolation of waste from the biosphere
6in a permanent facility designed for that purpose.
7    "Facility" means a parcel of land or site, together with
8structures, equipment and improvements on or appurtenant to
9the land or site, which is used or is being developed for the
10treatment, storage or disposal of low-level radioactive waste.
11"Facility" does not include lands, sites, structures or
12equipment used by a generator in the generation of low-level
13radioactive wastes.
14    "Generator" means any person who produces or possesses
15low-level radioactive waste in the course of or incident to
16manufacturing, power generation, processing, medical diagnosis
17and treatment, research, education or other activity.
18    "Hazardous waste" means a waste, or combination of wastes,
19which because of its quantity, concentration, or physical,
20chemical, or infectious characteristics may cause or
21significantly contribute to an increase in mortality or an
22increase in serious, irreversible, or incapacitating
23reversible, illness; or pose a substantial present or
24potential hazard to human health or the environment when
25improperly treated, stored, transported, or disposed of, or
26otherwise managed, and which has been identified, by

 

 

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1characteristics or listing, as hazardous under Section 3001 of
2the Resource Conservation and Recovery Act of 1976, P.L.
394-580 or under regulations of the Pollution Control Board.
4    "High-level radioactive waste" means:
5        (1) the highly radioactive material resulting from the
6    reprocessing of spent nuclear fuel including liquid waste
7    produced directly in reprocessing and any solid material
8    derived from the liquid waste that contains fission
9    products in sufficient concentrations; and
10        (2) the highly radioactive material that the Nuclear
11    Regulatory Commission has determined, on the effective
12    date of this Amendatory Act of 1988, to be high-level
13    radioactive waste requiring permanent isolation.
14    "Low-level radioactive waste" or "waste" means radioactive
15waste not classified as (1) high-level radioactive waste, (2)
16transuranic waste, (3) spent nuclear fuel, or (4) byproduct
17material as defined in Sections Section 11e(2), 11e(3), and
1811e(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2014). This
19definition shall apply notwithstanding any declaration by the
20federal government, a state, or any regulatory agency that any
21radioactive material is exempt from any regulatory control.
22    "Mixed waste" means waste that is both "hazardous waste"
23and "low-level radioactive waste" as defined in this Act.
24    "Person" means an individual, corporation, business
25enterprise or other legal entity either public or private and
26any legal successor, representative, agent or agency of that

 

 

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1individual, corporation, business enterprise, or legal entity.
2    "Post-closure care" means the continued monitoring of the
3regional disposal facility after closure for the purposes of
4detecting a need for maintenance, ensuring environmental
5safety, and determining compliance with applicable licensure
6and regulatory requirements, and includes undertaking any
7remedial actions necessary to protect public health and the
8environment from radioactive releases from the facility.
9    "Regional disposal facility" or "disposal facility" means
10the facility established by the State of Illinois under this
11Act for disposal away from the point of generation of waste
12generated in the region of the Compact.
13    "Release" means any spilling, leaking, pumping, pouring,
14emitting, emptying, discharging, injecting, escaping,
15leaching, dumping or disposing into the environment of
16low-level radioactive waste.
17    "Remedial action" means those actions taken in the event
18of a release or threatened release of low-level radioactive
19waste into the environment, to prevent or minimize the release
20of the waste so that it does not migrate to cause substantial
21danger to present or future public health or welfare or the
22environment. The term includes, but is not limited to, actions
23at the location of the release such as storage, confinement,
24perimeter protection using dikes, trenches or ditches, clay
25cover, neutralization, cleanup of released low-level
26radioactive wastes, recycling or reuse, dredging or

 

 

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1excavations, repair or replacement of leaking containers,
2collection of leachate and runoff, onsite treatment or
3incineration, provision of alternative water supplies and any
4monitoring reasonably required to assure that these actions
5protect human health and the environment.
6    "Scientific Surveys" means, collectively, the Illinois
7State Geological Survey and the Illinois State Water Survey of
8the University of Illinois.
9    "Shallow land burial" means a land disposal facility in
10which radioactive waste is disposed of in or within the upper
1130 meters of the earth's surface. However, this definition
12shall not include an enclosed, engineered, structurally
13re-enforced and solidified bunker that extends below the
14earth's surface.
15    "Storage" means the temporary holding of waste for
16treatment or disposal for a period determined by Agency
17regulations.
18    "Treatment" means any method, technique or process,
19including storage for radioactive decay, designed to change
20the physical, chemical or biological characteristics or
21composition of any waste in order to render the waste safer for
22transport, storage or disposal, amenable to recovery,
23convertible to another usable material or reduced in volume.
24    "Waste management" means the storage, transportation,
25treatment or disposal of waste.
26(Source: P.A. 98-346, eff. 8-14-13.)
 

 

 

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1    Section 20. The Radioactive Waste Tracking and Permitting
2Act is amended by changing Section 10 as follows:
 
3    (420 ILCS 37/10)
4    Sec. 10. Definitions.
5    (a) "Agency" means the Illinois Emergency Management
6Agency.
7    (b) "Director" means the Director of the Illinois
8Emergency Management Agency.
9    (c) "Disposal" means the isolation of waste from the
10biosphere in a permanent facility designed for that purpose.
11    (d) "Facility" means a parcel of land or a site, together
12with structures, equipment, and improvements on or appurtenant
13to the land or site, that is used or is being developed for the
14treatment, storage, or disposal of low-level radioactive
15waste.
16    (e) "Low-level radioactive waste" or "waste" means
17radioactive waste not classified as (1) high-level radioactive
18waste, (2) transuranic waste, (3) spent nuclear fuel, or (4)
19byproduct by-product material as defined in Sections Section
2011e(2), 11e(3), and 11e(4) of the Atomic Energy Act (42 U.S.C.
212014). This definition shall apply notwithstanding any
22declaration by the federal government, or a state, or any
23regulatory agency that any radioactive material is exempt from
24any regulatory control.

 

 

HB2301 Engrossed- 38 -LRB103 25735 AWJ 52084 b

1    (f) "Person" means an individual, corporation, business
2enterprise, or other legal entity, public or private, or any
3legal successor, representative, agent, or agency of that
4individual, corporation, business enterprise, or legal entity.
5    (g) "Regional facility" or "disposal facility" means a
6facility that is located in Illinois and established by
7Illinois, under designation of Illinois as a host state by the
8Commission for disposal of waste.
9    (h) "Storage" means the temporary holding of waste for
10treatment or disposal for a period determined by Agency
11regulations.
12    (i) "Treatment" means any method, technique, or process,
13including storage for radioactive decay, that is designed to
14change the physical, chemical, or biological characteristics
15or composition of any waste in order to render the waste safer
16for transport, storage, or disposal, amenable to recovery,
17convertible to another usable material, or reduced in volume.
18(Source: P.A. 95-777, eff. 8-4-08.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.