103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3279

 

Introduced 2/7/2024, by Sen. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
420 ILCS 42/32

    Amends the Uranium and Thorium Mill Tailings Control Act. Provides that the Illinois Emergency Management Agency and Office of Homeland Security may approve a request for license termination following adoption and implantation by the municipality or county in which the material milling facility is located of one or more ordinances restricting the use of groundwater on the property that has been licensed for the milling of source material and any property downgradient from that property if the ordinance ensures public health and safety and is in effect at the time of license termination. Requires the ordinances adopted for the purpose of terminating a license to remain in effect until the Agency approves in writing that the ordinances are no longer needed.


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A BILL FOR

 

SB3279LRB103 39272 BDA 69425 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Uranium and Thorium Mill Tailings Control
5Act is amended by changing Section 32 as follows:
 
6    (420 ILCS 42/32)
7    Sec. 32. Limitations on groundwater and property use.
8    (a) In connection with the decommissioning of a source
9material milling facility or the termination of the facility's
10license, the Agency shall have the authority to adopt by rule,
11or impose by order or license amendment or condition,
12restrictions on the use of groundwater on any property that
13has been licensed for the milling of source material and any
14property downgradient from the property that has been licensed
15for the milling of source material where the groundwater
16impacted by a licensed facility has constituents above
17naturally-occurring levels and is in excess of the groundwater
18standards enforceable by the Agency.
19    (a-5) The Agency may approve a request for license
20termination following adoption and implementation by the
21municipality or county in which the material milling facility
22is located of one or more ordinances restricting the use of
23groundwater on the property that has been licensed for the

 

 

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1milling of source material and any property downgradient from
2that property, provided that the ordinances are determined by
3the Agency to provide sufficient protection of public health
4and safety and the ordinances are in effect at the time of
5license termination.
6    (a-6) For Agency actions based upon subsection (a-5), the
7ordinances in effect at the time of license termination shall
8remain in effect until the Agency expressly approves in
9writing that the ordinances are no longer required.
10     (b) In connection with the decommissioning of a source
11material milling facility or the termination of the facility's
12license, the Agency shall have the authority to adopt by rule,
13or impose by order or license amendment or condition,
14restrictions on property that has been licensed for the
15milling of source material where the soil has constituents
16above naturally-occurring levels to limit or prohibit:
17        (1) the construction of basements or other similar
18    below-ground structures, other than footings or pilings,
19    on any portion of the property where elevated levels of
20    the constituents are present in the soil; and
21        (2) the excavation of soil from a portion of the
22    property where elevated levels of the constituents are
23    present in the excavated soil, unless the excavated soil
24    is (i) disposed of in a facility licensed or permitted to
25    dispose of that soil or (ii) returned to the approximate
26    depth from which it was excavated and covered with an

 

 

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1    equivalent cover.
2     (c) The authority granted to the Agency under this
3Section is intended to secure the greatest protection of the
4public health and safety practicable in the decommissioning of
5a source material milling facility or the termination of the
6facility's license and shall be in addition to the authority
7granted under the Radiation Protection Act of 1990.
8(Source: P.A. 95-777, eff. 8-4-08.)