Full Text of SB2639 94th General Assembly
SB2639sam001 94TH GENERAL ASSEMBLY
|
Sen. Susan Garrett
Filed: 2/2/2006
|
|
09400SB2639sam001 |
|
LRB094 14573 RSP 55418 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2639
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2639 by deleting | 3 |
| everything after the enacting clause and replacing it with the | 4 |
| following:
| 5 |
| "Section 5. The Radioactive Waste Compact Enforcement Act | 6 |
| is amended by changing Sections 25, 30, and 31 as follows:
| 7 |
| (45 ILCS 141/25)
| 8 |
| Sec. 25. Enforcement.
| 9 |
| (a) The Department of Nuclear Safety or its successor | 10 |
| agency, the Illinois Emergency Management Agency, shall adopt | 11 |
| regulations to administer and enforce the
provisions of this | 12 |
| Act. The regulations shall be adopted with the consultation
and | 13 |
| cooperation of the Commission.
| 14 |
| Regulations adopted by the Department or the Agency under | 15 |
| this Act shall prohibit the
shipment into or acceptance of | 16 |
| waste in Illinois if the shipment or acceptance
would result in | 17 |
| a violation of any provision of the Compact or this Act.
| 18 |
| (b) The Department of Nuclear Safety or its successor | 19 |
| agency, the Illinois Emergency Management Agency, may, by | 20 |
| regulation, impose conditions on the shipment
into or | 21 |
| acceptance of waste in Illinois that the Department or the | 22 |
| Agency determines to be
reasonable and necessary to enforce the | 23 |
| provisions of this Act. The
conditions may include, but are not | 24 |
| limited to (i) requiring prior
notification of any proposed |
|
|
|
09400SB2639sam001 |
- 2 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| shipment or receipt of waste; (ii) requiring
the shipper or | 2 |
| recipient to identify the location to which the waste will
be | 3 |
| sent for disposal following treatment or storage in Illinois; | 4 |
| (iii)
limiting the time that waste from outside Illinois may be | 5 |
| held in
Illinois; (iv) requiring the shipper or recipient to | 6 |
| post bond or by other
mechanism to assure that radioactive | 7 |
| material will not be treated, stored,
or disposed of in | 8 |
| Illinois in violation of any provision of this Act; (v)
| 9 |
| requiring that the shipper consent to service of process before | 10 |
| shipment of
waste into Illinois.
| 11 |
| (c) The Department of Nuclear Safety or its successor | 12 |
| agency, the Illinois Emergency Management Agency, shall, by | 13 |
| regulation, impose a system of civil
penalties in accordance | 14 |
| with the provisions of this Act. Amounts recovered
under these | 15 |
| regulations shall be deposited in the Low-Level Radioactive
| 16 |
| Waste Facility Development and Operation Fund.
| 17 |
| (d) The regulations adopted by the Department of Nuclear | 18 |
| Safety or its successor agency, the Illinois Emergency | 19 |
| Management Agency, may provide for the
granting of exemptions, | 20 |
| but only upon a showing by the applicant that the
granting of | 21 |
| an exemption would be consistent with the Compact.
| 22 |
| (Source: P.A. 87-1166.)
| 23 |
| (45 ILCS 141/30)
| 24 |
| Sec. 30. Penalties.
| 25 |
| (a) Any person who ships or receives radioactive material | 26 |
| in violation of
any provision of this Act or a regulation of | 27 |
| the Department of Nuclear Safety or its successor agency, the | 28 |
| Illinois Emergency Management Agency, adopted under this
Act | 29 |
| shall be subject to a civil penalty not to exceed $100,000 per | 30 |
| occurrence.
| 31 |
| (b) Any person who fails to pay a civil penalty imposed by | 32 |
| regulations
adopted under this Act, or any portion of the | 33 |
| penalty, shall be liable in a
civil action in an amount not to |
|
|
|
09400SB2639sam001 |
- 3 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| exceed 4 times the amount imposed and not
paid.
| 2 |
| (c) Any person who intentionally violates a provision of | 3 |
| subsection
(a)(1), (a)(2), (a)(3), (a)(4) or (a)(6) of Section | 4 |
| 20 of this Act shall
be guilty of a Class 4 felony.
| 5 |
| (d) At the request of the Department of Nuclear Safety or | 6 |
| its successor agency, the Illinois Emergency Management | 7 |
| Agency , the Attorney General shall, on
behalf of the State, | 8 |
| bring an action for the recovery of any civil penalty
or the | 9 |
| prosecution of any criminal offense provided for by this Act. | 10 |
| Any
civil penalties so recovered shall be deposited in the | 11 |
| Low-Level
Radioactive Waste Facility Development and Operation | 12 |
| Fund.
| 13 |
| (Source: P.A. 87-1166.)
| 14 |
| (45 ILCS 141/31)
| 15 |
| Sec. 31. The Department of Nuclear Safety or its successor | 16 |
| agency, the Illinois Emergency Management Agency, may accept | 17 |
| donations of money, equipment,
supplies, materials, and | 18 |
| services from any person for accomplishing the
purposes of this | 19 |
| Act. Any donation of money shall be deposited in the
Low-Level | 20 |
| Radioactive Waste Facility Development and Operation Fund and
| 21 |
| shall be expended by the Department only in accordance with the | 22 |
| purposes of
the donation.
| 23 |
| (Source: P.A. 87-1166.)
| 24 |
| Section 10. The Environmental Protection Act is amended by | 25 |
| changing Sections 25a-1 and 25b as follows:
| 26 |
| (415 ILCS 5/25a-1) (from Ch. 111 1/2, par. 1025a-1)
| 27 |
| Sec. 25a-1. At least 60 days before beginning the | 28 |
| decommissioning of
any nuclear power plant located in this | 29 |
| State, the owner or operator of
the plant shall file, for | 30 |
| information purposes only, a copy of the
decommissioning plan | 31 |
| for the plant with the Environmental Protection Agency and a |
|
|
|
09400SB2639sam001 |
- 4 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| copy with the
Illinois Emergency Management Agency
Department | 2 |
| of Nuclear Safety .
| 3 |
| (Source: P.A. 86-901.)
| 4 |
| (415 ILCS 5/25b) (from Ch. 111 1/2, par. 1025b)
| 5 |
| Sec. 25b. Any person, corporation or public authority | 6 |
| intending to
construct a nuclear steam-generating facility or a | 7 |
| nuclear fuel
reprocessing plant shall file with the Illinois | 8 |
| Emergency Management Agency
Department of Nuclear Safety an
| 9 |
| environmental feasibility report which incorporates the data | 10 |
| provided in
the preliminary safety analysis required to be | 11 |
| filed with the United States
Nuclear Regulatory Commission. The | 12 |
| Board may by rule prescribe the form of
such report. The Board | 13 |
| shall have the power to adopt standards to protect
the health, | 14 |
| safety and welfare of the citizens of Illinois from the hazards
| 15 |
| of radiation to the extent that such powers are not preempted | 16 |
| under the
federal constitution.
| 17 |
| (Source: P.A. 87-292.)
| 18 |
| Section 15. The Illinois Nuclear Facility Safety Act is | 19 |
| amended by adding
Section 1.5 and changing Sections 2, 4, 5, | 20 |
| and 7 as follows:
| 21 |
| (420 ILCS 10/1.5 new)
| 22 |
| Sec. 1.5. Definition. In this Act, "Agency" means the | 23 |
| Illinois Emergency
Management Agency.
| 24 |
| (420 ILCS 10/2) (from Ch. 111 1/2, par. 4352)
| 25 |
| Sec. 2. Policy statement. It is declared to be the policy | 26 |
| of the
State of Illinois to prevent accidents at nuclear | 27 |
| facilities in Illinois
for the economic well-being of the | 28 |
| People of the State of Illinois and for
the health and safety | 29 |
| of workers at nuclear facilities and private citizens
who could | 30 |
| be injured as a result of releases of radioactive materials |
|
|
|
09400SB2639sam001 |
- 5 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| from
nuclear facilities. It is the intent of the General | 2 |
| Assembly that this Act
should be construed consistently with | 3 |
| federal law to maximize the role of
the State in contributing | 4 |
| to safety at nuclear facilities in Illinois.
It is the intent | 5 |
| of the General Assembly that the Agency
Illinois
Department of
| 6 |
| Nuclear Safety should not take any actions which are preempted | 7 |
| by federal
law or engage in dual regulation of nuclear | 8 |
| facilities, unless dual
regulation is allowed by federal law | 9 |
| and policies of the Nuclear Regulatory
Commission. In | 10 |
| implementing its responsibilities under this Act, the
Agency
| 11 |
| Illinois Department of Nuclear Safety shall not take any action
| 12 |
| which
interferes with the safe operation of a nuclear facility.
| 13 |
| (Source: P.A. 86-901.)
| 14 |
| (420 ILCS 10/4) (from Ch. 111 1/2, par. 4354)
| 15 |
| Sec. 4. Authorization. The Agency
Department is authorized | 16 |
| to enter
into
any and all cooperative agreements with the | 17 |
| federal Nuclear Regulatory
Commission consistent with the | 18 |
| applicable provisions of the Atomic Energy Act.
| 19 |
| (Source: P.A. 86-901.)
| 20 |
| (420 ILCS 10/5) (from Ch. 111 1/2, par. 4355)
| 21 |
| Sec. 5. Program for Illinois nuclear power plant | 22 |
| inspectors.
| 23 |
| (a) Consistent with federal law and policy statements of | 24 |
| and
cooperative agreements with the Nuclear Regulatory | 25 |
| Commission with respect
to State participation in health and | 26 |
| safety regulation of nuclear
facilities, and in recognition of | 27 |
| the role provided for the states by such
laws, policy | 28 |
| statements and cooperative agreements, the Agency
Department | 29 |
| shall
develop and implement a program for Illinois resident | 30 |
| inspectors that, when
fully implemented, shall provide for one | 31 |
| full-time Agency
Departmental
Illinois
resident inspector at | 32 |
| each nuclear power plant in Illinois. The owner of each
of the |
|
|
|
09400SB2639sam001 |
- 6 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| nuclear power plants to which they are assigned shall provide, | 2 |
| at
its expense, office space and equipment reasonably required | 3 |
| by the resident
inspectors while they are on the premises of | 4 |
| the nuclear power plants. The
Illinois resident inspectors | 5 |
| shall operate in accordance with a cooperative
agreement | 6 |
| executed by the Agency
Department and the Nuclear Regulatory
| 7 |
| Commission and
shall have access to the nuclear power plants to | 8 |
| which they have been assigned
in accordance with that | 9 |
| agreement; provided, however, that the Illinois
resident | 10 |
| inspectors shall have no greater access than is afforded to a | 11 |
| resident
inspector of the Nuclear Regulatory Commission.
| 12 |
| (b) The Agency
Department may also inspect licensed nuclear | 13 |
| power
plants that
have permanently ceased operations. The | 14 |
| inspections shall be performed by
inspectors qualified as | 15 |
| Illinois resident inspectors. The inspectors need not
be | 16 |
| resident at nuclear power plants that have permanently ceased | 17 |
| operations.
The inspectors shall conduct inspections in | 18 |
| accordance with a cooperative
agreement executed by the Agency | 19 |
| (or its predecessor agency, the Department
of Nuclear Safety)
| 20 |
| and the Nuclear Regulatory Commission and
shall have access to | 21 |
| the nuclear power plants that have permanently ceased
| 22 |
| operations; provided, however, that the Illinois inspectors | 23 |
| shall have no
greater access than is afforded to inspectors of | 24 |
| the Nuclear Regulatory
Commission. The owner of each of the | 25 |
| nuclear power plants that has permanently
ceased operations | 26 |
| shall provide, at its expense, office space and equipment
| 27 |
| reasonably required by the inspectors while they are on the | 28 |
| premises of the
nuclear power plants.
| 29 |
| (c) The Illinois resident inspectors and inspectors | 30 |
| assigned under
subsection (b) shall each operate in accordance | 31 |
| with the security plan for
the nuclear power plant to which | 32 |
| they are assigned, but in no event shall they
be required to | 33 |
| meet any requirements imposed by a nuclear power plant owner
| 34 |
| that are not imposed on resident inspectors and inspectors of |
|
|
|
09400SB2639sam001 |
- 7 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| the Nuclear
Regulatory Commission. The Agency's
Department's | 2 |
| programs and
activities under this
Section shall not be | 3 |
| inconsistent with federal law.
| 4 |
| (Source: P.A. 91-171, eff. 7-16-99.)
| 5 |
| (420 ILCS 10/7) (from Ch. 111 1/2, par. 4357)
| 6 |
| Sec. 7. The Agency
Department shall not engage in any | 7 |
| program of
Illinois resident
inspectors or inspectors assigned | 8 |
| under subsection (b) of Section 5 at any
nuclear power plant in | 9 |
| Illinois except as specifically directed by law.
| 10 |
| (Source: P.A. 91-171, eff. 7-16-99.)
| 11 |
| Section 20. The Spent Nuclear Fuel Act is amended by | 12 |
| changing Section 2 as follows:
| 13 |
| (420 ILCS 15/2) (from Ch. 111 1/2, par. 230.22)
| 14 |
| Sec. 2. No person may dispose of, store, or accept any | 15 |
| spent nuclear
fuel which was used in any power generating | 16 |
| facility located outside this
State, or transport into this | 17 |
| State for disposal or storage any spent nuclear
fuel which was | 18 |
| used in any power generating facility located outside this
| 19 |
| State, unless the state of origin of such spent nuclear fuel | 20 |
| has a facility,
which is not part of a power generating | 21 |
| facility, for the disposal or storage
of spent nuclear fuel | 22 |
| substantially like that of this State and has entered
into a | 23 |
| reciprocity agreement with this State. The determination as to | 24 |
| whether
the state of origin has a disposal or storage facility | 25 |
| for spent nuclear
fuel substantially like that of this State is | 26 |
| to be made by the Director
of the Illinois Emergency Management | 27 |
| Agency
Department of Nuclear Safety and
all reciprocity | 28 |
| agreements must be approved by a majority of the members
of | 29 |
| both Houses of the General Assembly and approved and signed by | 30 |
| the Governor.
| 31 |
| (Source: P.A. 81-1516, Art. II.)
|
|
|
|
09400SB2639sam001 |
- 8 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| Section 25. The Illinois Low-Level Radioactive Waste | 2 |
| Management Act is
amended by changing Sections 3, 4, 5, 6, 7, | 3 |
| 8, 9, 10, 10.2, 10.3, 11, 12.1, 13,
14, 15, 17, 18, and 21.1 as | 4 |
| follows:
| 5 |
| (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
| 6 |
| Sec. 3. Definitions.
| 7 |
| (a) "Broker" means any person who takes possession of | 8 |
| low-level waste for
purposes of consolidation and shipment.
| 9 |
| (b) "Compact" means the Central Midwest Interstate | 10 |
| Low-Level Radioactive
Waste Compact.
| 11 |
| (c) "Decommissioning" means the measures taken at the end | 12 |
| of a facility's
operating life to assure the continued | 13 |
| protection of the public from any
residual radioactivity or | 14 |
| other potential hazards present at a facility.
| 15 |
| (d) "Agency"
"Department" means the Illinois Emergency | 16 |
| Management Agency
Department of Nuclear Safety .
| 17 |
| (e) "Director" means the Director of the Department of | 18 |
| Nuclear Safety or the Director of the Emergency Management | 19 |
| Agency (as successor to the Director of Nuclear Safety) .
| 20 |
| (f) "Disposal" means the isolation of waste from the | 21 |
| biosphere in a
permanent facility designed for that purpose.
| 22 |
| (g) "Facility" means a parcel of land or site, together | 23 |
| with structures,
equipment and improvements on or appurtenant | 24 |
| to the land or site, which
is used or is being developed for | 25 |
| the treatment, storage or disposal of
low-level radioactive | 26 |
| waste. "Facility" does not include lands, sites,
structures or | 27 |
| equipment used by a generator in the generation of low-level
| 28 |
| radioactive wastes.
| 29 |
| (h) "Generator" means any person who produces or possesses | 30 |
| low-level
radioactive waste in the course of or incident to | 31 |
| manufacturing, power
generation, processing, medical diagnosis | 32 |
| and treatment, research,
education or other activity.
| 33 |
| (i) "Hazardous waste" means a waste, or combination of |
|
|
|
09400SB2639sam001 |
- 9 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| wastes, which
because of its quantity, concentration, or | 2 |
| physical, chemical, or
infectious characteristics may cause or | 3 |
| significantly contribute to an
increase in mortality or an | 4 |
| increase in serious, irreversible, or
incapacitating | 5 |
| reversible, illness; or pose a substantial present or
potential | 6 |
| hazard to human health or the environment when improperly
| 7 |
| treated, stored, transported, or disposed of, or otherwise | 8 |
| managed, and
which has been identified, by characteristics or | 9 |
| listing, as hazardous
under Section 3001 of the Resource | 10 |
| Conservation and Recovery Act of
1976, P.L. 94-580 or under | 11 |
| regulations of the Pollution Control Board.
| 12 |
| (j) "High-level radioactive waste" means:
| 13 |
| (1) the highly radioactive material resulting from the | 14 |
| reprocessing of
spent nuclear fuel including liquid waste | 15 |
| produced directly in reprocessing
and any solid material | 16 |
| derived from the liquid waste that contains fission
| 17 |
| products in sufficient concentrations; and
| 18 |
| (2) the highly radioactive material that the Nuclear | 19 |
| Regulatory
Commission has determined, on the effective | 20 |
| date of this Amendatory Act of
1988, to be high-level | 21 |
| radioactive waste requiring permanent isolation.
| 22 |
| (k) "Low-level radioactive waste" or "waste" means | 23 |
| radioactive waste not
classified as high-level radioactive | 24 |
| waste, transuranic waste, spent nuclear
fuel or byproduct | 25 |
| material as defined in Section 11e(2) of the Atomic Energy
Act | 26 |
| of 1954 (42 U.S.C. 2014).
| 27 |
| (l) "Mixed waste" means waste that is both "hazardous | 28 |
| waste" and "low-level
radioactive waste" as defined in this | 29 |
| Act.
| 30 |
| (m) "Person" means an individual,
corporation, business | 31 |
| enterprise or other legal entity either public or private
and | 32 |
| any legal successor, representative, agent or agency of that | 33 |
| individual,
corporation, business enterprise, or legal entity.
| 34 |
| (n) "Post-closure care" means the continued monitoring of |
|
|
|
09400SB2639sam001 |
- 10 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| the regional
disposal facility after closure for the purposes | 2 |
| of detecting a need for
maintenance, ensuring environmental | 3 |
| safety, and determining compliance with
applicable licensure | 4 |
| and regulatory requirements, and includes undertaking any
| 5 |
| remedial actions necessary to protect public health and the | 6 |
| environment from
radioactive releases from the facility.
| 7 |
| (o) "Regional disposal facility" or "disposal facility" | 8 |
| means the
facility established by the State of Illinois under | 9 |
| this Act for disposal
away from the point of generation of | 10 |
| waste
generated in the region of the Compact.
| 11 |
| (p) "Release" means any spilling, leaking, pumping, | 12 |
| pouring, emitting,
emptying, discharging, injecting, escaping, | 13 |
| leaching, dumping or disposing
into the environment of | 14 |
| low-level radioactive waste.
| 15 |
| (q) "Remedial action" means those actions taken in the | 16 |
| event of a release
or threatened release of low-level | 17 |
| radioactive waste into the environment,
to prevent or minimize | 18 |
| the release of the waste so that it does not migrate
to cause | 19 |
| substantial danger to present or future public health or | 20 |
| welfare
or the environment. The term includes, but is not | 21 |
| limited to, actions
at the location of the release such as | 22 |
| storage, confinement, perimeter
protection using dikes, | 23 |
| trenches or ditches, clay cover, neutralization,
cleanup of | 24 |
| released low-level radioactive wastes, recycling or reuse,
| 25 |
| dredging or excavations, repair or replacement of leaking | 26 |
| containers,
collection of leachate and runoff, onsite | 27 |
| treatment or incineration,
provision of alternative water | 28 |
| supplies and any monitoring reasonably
required to assure that | 29 |
| these actions protect human health and the environment.
| 30 |
| (q-5) "Scientific Surveys" means, collectively, the State | 31 |
| Geological
Survey
Division and the State Water Survey Division | 32 |
| of the Department of
Natural Resources.
| 33 |
| (r) "Shallow land burial" means a land disposal facility in | 34 |
| which
radioactive waste is disposed of in or within the upper |
|
|
|
09400SB2639sam001 |
- 11 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| 30 meters of the
earth's surface. However, this definition | 2 |
| shall not include an enclosed,
engineered, structurally | 3 |
| re-enforced and solidified bunker that extends
below the | 4 |
| earth's surface.
| 5 |
| (s) "Storage" means the temporary holding of waste for | 6 |
| treatment or
disposal for a period determined by Agency
| 7 |
| Department regulations.
| 8 |
| (t) "Treatment" means any method, technique or process, | 9 |
| including storage
for radioactive decay, designed to change the | 10 |
| physical, chemical or biological
characteristics or | 11 |
| composition of any waste in order to render the waste
safer for | 12 |
| transport, storage or disposal, amenable to recovery, | 13 |
| convertible
to another usable material or reduced in volume.
| 14 |
| (u) "Waste management" means the storage, transportation, | 15 |
| treatment or
disposal of waste.
| 16 |
| (Source: P.A. 90-29, eff. 6-26-97 .)
| 17 |
| (420 ILCS 20/4) (from Ch. 111 1/2, par. 241-4)
| 18 |
| Sec. 4. Generator and broker registration.
| 19 |
| (a) All generators
and brokers of any amount of
low-level | 20 |
| radioactive waste in Illinois shall register with the Agency
| 21 |
| Department
of Nuclear Safety . Generators shall register within
| 22 |
| 60 days of the commencement of generating any low-level | 23 |
| radioactive wastes.
Brokers shall register within 60 days of | 24 |
| taking
possession of any low-level radioactive waste. Such | 25 |
| registration shall
be on a form developed by
the Agency
| 26 |
| Department and shall
contain the name, address and officers of | 27 |
| the generator or broker, information
on
the types and amounts | 28 |
| of wastes produced or possessed and any other
information | 29 |
| required
by the Agency
Department .
| 30 |
| (b) All registered generators and brokers of any amount of | 31 |
| low-level
radioactive waste in Illinois
shall file an annual | 32 |
| report with the
Agency
Department . The annual report for | 33 |
| generators shall contain
information
on the types and
|
|
|
|
09400SB2639sam001 |
- 12 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| quantities of low-level wastes produced in the previous year | 2 |
| and expected
to be produced in the future, the methods used to | 3 |
| manage these
wastes, the
technological feasibility, economic | 4 |
| reasonableness and environmental soundness
of alternative | 5 |
| treatment, storage and disposal methods and any other
| 6 |
| information
required by the Agency
Department . The annual | 7 |
| report for brokers shall
contain
information on the types and | 8 |
| quantities of low-level radioactive wastes
received and
| 9 |
| shipped, identification of the generators from whom such wastes | 10 |
| were
received, and the destination of shipments of such wastes.
| 11 |
| (c) All registration forms and annual reports required to | 12 |
| be filed with
the Agency
Department shall be made available to | 13 |
| the public for
inspection and
copying.
| 14 |
| (Source: P.A. 90-29, eff. 6-26-97.)
| 15 |
| (420 ILCS 20/5) (from Ch. 111 1/2, par. 241-5)
| 16 |
| Sec. 5. Requirements for disposal facility contractors; | 17 |
| operating
agreements.
| 18 |
| (a) The Department of Nuclear Safety or its successor | 19 |
| agency, the Illinois
Emergency Management Agency, shall | 20 |
| promulgate rules and regulations
establishing
standards | 21 |
| applicable to the selection of a contractor or contractors for | 22 |
| the
design, development, construction, and operation of a | 23 |
| low-level radioactive
waste disposal facility away from the | 24 |
| point of generation necessary to protect
human health and the | 25 |
| environment. The regulations shall establish, but need
not be | 26 |
| limited to, the following:
| 27 |
| (1) The number of contractors to design, develop, and | 28 |
| operate a
low-level radioactive waste disposal facility;
| 29 |
| (2) Requirements and standards relating to the | 30 |
| financial integrity of the
firm;
| 31 |
| (3) Requirements and standards relating to the | 32 |
| experience and performance
history of the firm in the | 33 |
| design, development, construction and operation of
|
|
|
|
09400SB2639sam001 |
- 13 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| low-level radioactive waste disposal facilities; and
| 2 |
| (4) Requirements and standards for the qualifications | 3 |
| of the employees of
the firm.
| 4 |
| The Department or the Agency shall hold at least one public | 5 |
| hearing
before promulgating
the regulations.
| 6 |
| (b) The Department or the Agency may enter into one or more | 7 |
| operating
agreements
with a qualified operator of the regional | 8 |
| disposal facility, which agreement
may contain such provisions | 9 |
| with respect to the construction, operation,
closure, and | 10 |
| post-closure maintenance of the regional disposal facility by | 11 |
| the
operator as the Department or the Agency shall determine, | 12 |
| including,
without limitation, (i)
provisions leasing, or | 13 |
| providing for the lease of, the site to the operator and
| 14 |
| authorizing the operator to construct, own and operate the | 15 |
| facility and to
transfer the facility to the Department or the | 16 |
| Agency
the following
the closure
and any additional
years of | 17 |
| post-closure maintenance that the Department or the Agency
| 18 |
| shall
determine; (ii)
provisions granting exclusive rights to | 19 |
| the operator with respect to the
disposal of low-level | 20 |
| radioactive waste in this State during the term of the
| 21 |
| operating agreement; (iii) provisions authorizing the operator | 22 |
| to impose fees
upon all persons using the facility as provided | 23 |
| in this Act and providing for
the Department or the Agency to | 24 |
| audit the charges of the operator under the
operating
| 25 |
| agreement; and (iv) provisions relating to the obligations of | 26 |
| the operator and
the Department or the Agency in the event of | 27 |
| any closure of the facility or
any termination
of the operating | 28 |
| agreement.
| 29 |
| (Source: P.A. 90-29, eff. 6-26-97.)
| 30 |
| (420 ILCS 20/6) (from Ch. 111 1/2, par. 241-6)
| 31 |
| Sec. 6. Requirements for disposal facility.
| 32 |
| (a) The Department of Nuclear Safety or its successor | 33 |
| agency, the Illinois Emergency Management Agency, shall as it
|
|
|
|
09400SB2639sam001 |
- 14 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| deems necessary to protect human health and the environment,
| 2 |
| promulgate rules and regulations establishing standards | 3 |
| applicable to
the regional disposal facility. The rules
and | 4 |
| regulations shall reflect the best available management | 5 |
| technologies which
are economically reasonable, | 6 |
| technologically feasible and environmentally sound
for the | 7 |
| disposal of the wastes and shall establish, but need not be | 8 |
| limited to
the establishment of:
| 9 |
| (1) requirements and performance standards for the | 10 |
| design, construction,
operation, maintenance and | 11 |
| monitoring of the low-level radioactive waste
disposal | 12 |
| facility;
| 13 |
| (2) requirements and standards for the keeping of | 14 |
| records and the
reporting and retaining of data collected | 15 |
| by the contractor selected to
operate the disposal
| 16 |
| facility;
| 17 |
| (3) requirements and standards for the technical | 18 |
| qualifications of the
personnel of the contractor selected | 19 |
| to develop and operate the disposal
facility;
| 20 |
| (4) requirements and standards for establishing the | 21 |
| financial
responsibility of the contractor selected to | 22 |
| operate the
disposal facility;
| 23 |
| (5) requirements and standards for the emergency | 24 |
| closure of the
disposal facility; and
| 25 |
| (6) requirements and standards for the closure, | 26 |
| decommissioning and
post-closure care, monitoring, | 27 |
| maintenance and use of the disposal
facility.
| 28 |
| (b) The regulations shall include provisions requiring | 29 |
| that the contractor
selected to operate the disposal facility | 30 |
| post a performance bond with the
Department or the Agency or | 31 |
| show evidence of liability insurance or other means of
| 32 |
| establishing financial responsibility in an amount sufficient | 33 |
| to adequately
provide for any necessary remedial actions or | 34 |
| liabilities that might be
incurred by the operation of the |
|
|
|
09400SB2639sam001 |
- 15 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| disposal facility during the operating period
and during a | 2 |
| reasonable period of post-closure care.
| 3 |
| (c) The regulations adopted for the requirements and | 4 |
| performance
standards of a disposal facility shall not provide | 5 |
| for the shallow land
burial of low-level radioactive wastes.
| 6 |
| (d) The Department or the Agency shall hold at least one | 7 |
| public hearing
before adopting rules under this Section.
| 8 |
| (e) All rules adopted under this
Section shall
be at least | 9 |
| as stringent as those promulgated by the U.S. Nuclear | 10 |
| Regulatory
Commission under the Atomic Energy Act of 1954 (42 | 11 |
| U.S.C. 2014) and any
other applicable federal laws.
| 12 |
| (f) The State of Illinois shall have no liability to any | 13 |
| person
or entity by
reason of a failure, delay, or cessation in | 14 |
| the operation of the disposal
facility.
| 15 |
| (Source: P.A. 90-29, eff. 6-26-97 .)
| 16 |
| (420 ILCS 20/7) (from Ch. 111 1/2, par. 241-7)
| 17 |
| Sec. 7. Requirements for waste treatment. The Agency
| 18 |
| Department
shall promulgate
rules and regulations establishing | 19 |
| standards applicable to the treatment
of low-level radioactive | 20 |
| wastes disposed of in any facility in Illinois
necessary to | 21 |
| protect human health and the environment. Such rules and
| 22 |
| regulations
shall reflect the best available treatment | 23 |
| technologies that are
economically
reasonable, technologically | 24 |
| feasible and environmentally sound for reducing
the quantity | 25 |
| and radioactive quality of such wastes prior to land burial
and | 26 |
| shall establish, but need not be limited to, requirements | 27 |
| respecting:
| 28 |
| (1) the form in which low-level radioactive wastes may be | 29 |
| disposed;
| 30 |
| (2) the use of treatment technologies for recycling, | 31 |
| compacting, solidifying
or otherwise treating low-level | 32 |
| radioactive wastes prior to disposal; and
| 33 |
| (3) the use of technologies for the treatment of such |
|
|
|
09400SB2639sam001 |
- 16 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| wastes to minimize
the radioactive characteristics
of the waste | 2 |
| disposed of or to reduce the tendency of the waste to migrate
| 3 |
| in geologic and hydrologic formations.
| 4 |
| The Agency
Department shall hold at least one public | 5 |
| hearing prior to
promulgating
such regulations.
| 6 |
| (Source: P.A. 90-29, eff. 6-26-97.)
| 7 |
| (420 ILCS 20/8) (from Ch. 111 1/2, par. 241-8)
| 8 |
| Sec. 8. Requirements for waste facility licensing.
| 9 |
| (a) No person shall operate any facility for the storage, | 10 |
| treatment, or
disposal of low-level radioactive wastes away | 11 |
| from the point of generation in
Illinois without a license | 12 |
| granted by the Department of Nuclear Safety or its
successor | 13 |
| agency, the Illinois Emergency Management Agency .
| 14 |
| (b) Each application for a license under this Section shall | 15 |
| contain such
information as may be required by the Department | 16 |
| of Nuclear Safety or its
successor agency, the Illinois | 17 |
| Emergency Management Agency , including, but
not limited
to, | 18 |
| information respecting:
| 19 |
| (1) estimates of the quantities and types of wastes to | 20 |
| be stored, treated
or disposed of at the facility;
| 21 |
| (2) the design specifications and proposed operating | 22 |
| procedures of the
facility necessary to assure compliance | 23 |
| with the rules adopted under Sections 6
and 7;
| 24 |
| (3) financial and personnel information necessary to | 25 |
| assure the integrity
and qualifications of the contractor | 26 |
| selected to operate the facility;
| 27 |
| (4) a closure plan to ensure the proper closure, | 28 |
| decommissioning,
and post-closure care of the disposal | 29 |
| facility; and
| 30 |
| (5) a contingency plan to establish the procedures to | 31 |
| be followed in the
event of unanticipated radioactive | 32 |
| releases.
| 33 |
| (c) The Director may issue a license for the construction |
|
|
|
09400SB2639sam001 |
- 17 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| and operation of
a facility authorized by this Act, provided | 2 |
| the applicant for the
license has complied
with applicable | 3 |
| provisions of this Act and regulations of the Department of | 4 |
| Nuclear Safety or its successor agency, the Illinois Emergency | 5 |
| Management Agency .
No
license issued by the Director shall | 6 |
| authorize
the disposal of
mixed waste at any regional disposal | 7 |
| facility. In the event that
an applicant or licensee proposes | 8 |
| modifications to a facility, or
in the event
that the Director | 9 |
| determines that modifications
are necessary to conform to the
| 10 |
| requirements of this Act, the Director may issue
any license
| 11 |
| modifications
necessary to protect human health and the | 12 |
| environment and may specify the time
allowed to complete the | 13 |
| modifications.
| 14 |
| (d) Upon a determination by the Director of
substantial | 15 |
| noncompliance
with any license granted under this Act or upon a | 16 |
| determination
that
an emergency exists posing a significant | 17 |
| hazard to public health and the
environment, the Director may | 18 |
| revoke a license
issued under
this Act. Before revoking any
| 19 |
| license, the Director shall serve notice upon the
alleged | 20 |
| violator setting
forth the Sections of this Act, or the rules | 21 |
| adopted
under
this
Act, that are alleged to have been violated. | 22 |
| The Director shall
hold
at least
one public hearing not later | 23 |
| than 30 days following the notice.
| 24 |
| (e) No person shall operate and the Director
shall not | 25 |
| issue any
license under this Section to operate any disposal | 26 |
| facility for the shallow
land burial of low-level radioactive | 27 |
| wastes in Illinois.
| 28 |
| (f) (Blank).
| 29 |
| (g) Notwithstanding subsection (d) of Section 10.3 of this | 30 |
| Act, a
license issued by the Department of Nuclear Safety or | 31 |
| its successor agency, the Illinois Emergency Management | 32 |
| Agency, to operate
any regional
disposal facility shall be | 33 |
| revoked as a matter of law to the extent that the
license | 34 |
| authorizes disposal if:
|
|
|
|
09400SB2639sam001 |
- 18 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (1) the facility accepts for disposal byproduct | 2 |
| material as defined in
Section 11e(2) of the Atomic Energy | 3 |
| Act of 1954 (42 U.S.C. 2014),
high-level radioactive waste | 4 |
| or mixed waste, and
| 5 |
| (2) (A) if the facility is located more than 1 1/2 | 6 |
| miles from the
boundary of a municipality and the county in | 7 |
| which the facility is
located
passes an ordinance ordering | 8 |
| the license revoked, or
| 9 |
| (B) if the facility is located within a municipality or | 10 |
| within 1 1/2
miles of the boundary of a municipality and | 11 |
| that municipality passes
an
ordinance ordering the license | 12 |
| revoked.
| 13 |
| (Source: P.A. 90-29, eff. 6-26-97.)
| 14 |
| (420 ILCS 20/9) (from Ch. 111 1/2, par. 241-9)
| 15 |
| Sec. 9. Requirements for waste transporters.
| 16 |
| (a) No person shall transport any low-level radioactive | 17 |
| waste to a storage,
treatment or disposal facility in Illinois | 18 |
| licensed under Section 8 without a
permit granted by the | 19 |
| Department of Nuclear Safety or its successor agency, the | 20 |
| Illinois Emergency Management Agency .
| 21 |
| (b) No person shall transport any low-level radioactive | 22 |
| waste to a storage,
treatment or disposal facility licensed | 23 |
| under Section 8 without a manifest
document. The Department of | 24 |
| Nuclear Safety or its successor agency, the Illinois Emergency | 25 |
| Management Agency, shall develop the form for such manifests | 26 |
| and shall
promulgate rules and regulations establishing a | 27 |
| system of tracking wastes from
their point of generation to | 28 |
| storage, treatment, and ultimate disposal.
| 29 |
| (c) Each application for a permit under this Section shall | 30 |
| contain
any information as may be required under regulations | 31 |
| promulgated by the
Department of Nuclear Safety or its | 32 |
| successor agency, the Illinois Emergency Management Agency , | 33 |
| including, but not limited to, information respecting:
|
|
|
|
09400SB2639sam001 |
- 19 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (1) The name, address, and telephone number of the | 2 |
| applicant
estimated quantities and types of wastes to be | 3 |
| transported to
a facility located in Illinois ;
| 4 |
| (2) The name of a contact person for the applicant and | 5 |
| applicable contact information
procedures and methods used | 6 |
| to monitor and inspect the shipments
to ensure that leakage | 7 |
| or spills do not occur ;
| 8 |
| (3) The radioactive materials license number and | 9 |
| licensing agency for the applicant; and
timetables | 10 |
| according to which
the wastes are to be shipped.
| 11 |
| (4) A certification by the applicant that the applicant | 12 |
| will make lawful and suitable arrangements for the final | 13 |
| disposition of the waste or that it will retrieve and | 14 |
| reclaim physical possession of the waste in the event final | 15 |
| disposition or storage has not been arranged.
The | 16 |
| qualifications and training of personnel handling | 17 |
| low-level
radioactive waste; and
| 18 |
| (5) The use of interim storage and transshipment | 19 |
| facilities.
| 20 |
| (d) The Director may issue a permit to any applicant who
| 21 |
| has met and whom he believes will comply with the requirements | 22 |
| of the
Illinois Hazardous Materials Transportation Act and any | 23 |
| other applicable
State or federal laws or regulations. In the | 24 |
| event that an
applicant or permittee
proposes modifications of | 25 |
| a permit, or in the event that the Director
determines that | 26 |
| modifications are necessary to conform with the requirements of
| 27 |
| the Act, the Director may issue any permit modifications | 28 |
| necessary to protect
human health and the environment and may | 29 |
| specify the time allowed to complete
the modifications.
| 30 |
| (e) The Illinois Emergency Management Agency
Department | 31 |
| shall inspect each shipment of low-level radioactive
wastes | 32 |
| received at the regional disposal facility for compliance with | 33 |
| the
packaging, placarding and other requirements established | 34 |
| by rules and
regulations promulgated by the Illinois Department |
|
|
|
09400SB2639sam001 |
- 20 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| of Transportation under the
Illinois Hazardous Materials | 2 |
| Transportation Act and any other applicable State
or federal | 3 |
| regulations. The Agency
Department shall notify the Attorney | 4 |
| General of
any apparent violations for possible prosecution | 5 |
| under Sections 11 and 12 of
that Act.
| 6 |
| (Source: P.A. 90-29, eff. 6-26-97.)
| 7 |
| (420 ILCS 20/10) (from Ch. 111 1/2, par. 241-10)
| 8 |
| Sec. 10. Disposal facility contractor selection.
Upon | 9 |
| adopting the regulations establishing requirements for waste
| 10 |
| disposal facilities provided for in Section 6, the Department | 11 |
| of Nuclear
Safety or its successor agency, the Illinois | 12 |
| Emergency Management Agency,
shall solicit
proposals for the | 13 |
| selection of one or more contractors to site, design,
develop, | 14 |
| construct, operate, close, provide post-closure care for, and
| 15 |
| decommission the disposal facility. Not later than 6 months | 16 |
| after the
solicitation of
proposals, the Director shall select | 17 |
| the
applicant who has submitted the
proposal that best conforms | 18 |
| to the
requirements of this Act and to the rules adopted under | 19 |
| this Act.
| 20 |
| (Source: P.A. 90-29, eff. 6-26-97.)
| 21 |
| (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
| 22 |
| Sec. 10.2. Creation of Low-Level Radioactive Waste Task | 23 |
| Group;
adoption of
criteria; selection of site for | 24 |
| characterization.
| 25 |
| (a) There is hereby created the Low-Level Radioactive Waste | 26 |
| Task Group
consisting of the Directors of the Environmental | 27 |
| Protection Agency, the
Department of Natural Resources, and the | 28 |
| Department
of Nuclear Safety (or their designees) and 6 | 29 |
| additional members designated
by the Governor. The 6 additional | 30 |
| members shall:
| 31 |
| (1) be confirmed by the Senate; and
| 32 |
| (2) receive compensation of $300 per day for their |
|
|
|
09400SB2639sam001 |
- 21 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| services on
the Task Group unless they are officers or | 2 |
| employees of the State, in which
case they shall receive no | 3 |
| additional compensation.
| 4 |
| Four of the additional members shall have expertise in the | 5 |
| field of geology,
hydrogeology, or hydrology. Of the 2 | 6 |
| remaining additional members, one shall be
a member of the | 7 |
| public with experience in environmental matters and one shall
| 8 |
| have at least 5 years experience in local government. The | 9 |
| Directors of the
Environmental Protection Agency, the | 10 |
| Department of Natural
Resources, and the Department of Nuclear | 11 |
| Safety (or their designees) shall
receive no additional | 12 |
| compensation for their service on the Task Group.
All members | 13 |
| of the Task Group shall be compensated for their expenses. The
| 14 |
| Governor shall designate the chairman of the Task Group. Upon | 15 |
| adoption of
the criteria under subsection (b) of this Section, | 16 |
| the Directors of the
Department of Nuclear Safety and the | 17 |
| Environmental Protection Agency shall
be replaced on the Task | 18 |
| Group by members designated by the
Governor and confirmed by | 19 |
| the Senate. The members designated
to replace the Directors of | 20 |
| the Department of Nuclear Safety
and the Environmental | 21 |
| Protection Agency shall have such
expertise as the Governor may | 22 |
| determine. The members of the Task Group
shall be members until | 23 |
| they resign, are replaced by the Governor, or the
Task Group is | 24 |
| abolished. Except as provided in this Act, the Task Group
shall | 25 |
| be subject to the Open Meetings Act and the Illinois | 26 |
| Administrative
Procedure Act. Any action required to be taken | 27 |
| by the Task Group under this
Act shall be taken by a majority | 28 |
| vote of its members.
An identical vote by 5 members of the Task | 29 |
| Group shall constitute a majority
vote.
| 30 |
| (b) To protect the public health, safety and welfare, the | 31 |
| Task Group shall
develop proposed criteria for selection of a | 32 |
| site for a regional disposal
facility.
Principal criteria shall | 33 |
| relate to the geographic, geologic, seismologic,
tectonic, | 34 |
| hydrologic, and other scientific conditions best suited for a
|
|
|
|
09400SB2639sam001 |
- 22 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| regional disposal facility. Supplemental
criteria may
relate | 2 |
| to land use (including (i) the location of existing underground | 3 |
| mines
and (ii) the exclusion of State parks, State conservation | 4 |
| areas, and other
State owned lands identified by the Task | 5 |
| Group), economics, transportation,
meteorology, and any other | 6 |
| matter identified by the Task Group as relating to
desirable | 7 |
| conditions for a regional
disposal facility. All
of the | 8 |
| criteria shall be as specific as possible.
| 9 |
| The chairman of the Task Group shall publish a
notice of | 10 |
| availability of the proposed criteria in the State newspaper, | 11 |
| make
copies of the proposed criteria available without charge | 12 |
| to the public, and
hold public hearings to receive comments on | 13 |
| the proposed criteria. Written
comments on the proposed | 14 |
| criteria may be submitted to the chairman of the Task
Group | 15 |
| within a time period to be determined by the Task Group. Upon | 16 |
| completion
of the review of timely submitted comments on the | 17 |
| proposed criteria, the Task
Group shall adopt criteria for
| 18 |
| selection of a site for a regional disposal facility. Adoption | 19 |
| of the criteria is not
subject to the Illinois Administrative | 20 |
| Procedure Act. The chairman of the Task
Group shall provide | 21 |
| copies of the criteria to the Governor, the President and
| 22 |
| Minority Leader of the Senate, the Speaker and Minority Leader | 23 |
| of the House,
and all county boards in the State of Illinois | 24 |
| and shall make copies of the
criteria available without charge | 25 |
| to the public.
| 26 |
| (c) Upon adoption of the criteria, the Director of Natural
| 27 |
| Resources shall direct the Scientific Surveys to
screen the | 28 |
| State of Illinois. By
September 30, 1997, the Scientific | 29 |
| Surveys shall (i) complete a Statewide
screening of the State | 30 |
| using available information and the Surveys'
geography-based | 31 |
| information system to produce individual and composite maps
| 32 |
| showing the application of individual criteria; (ii) complete | 33 |
| the evaluation
of all land volunteered
before the effective | 34 |
| date of this amendatory Act of 1997 to determine whether
any of |
|
|
|
09400SB2639sam001 |
- 23 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| the volunteered land appears
likely to satisfy the criteria; | 2 |
| (iii) document the
results of the screening and volunteer site | 3 |
| evaluations in a written report
and submit the report to the | 4 |
| chairman of the Task Group and to the Director
of Nuclear | 5 |
| Safety ;
and (iv) transmit to the Task Group and to the | 6 |
| Department of Nuclear
Safety , in a form specified
by the Task | 7 |
| Group and the Department, all information and documents | 8 |
| assembled
by the Scientific Surveys in performing the | 9 |
| obligations of the Scientific
Surveys under
this Act. Upon | 10 |
| completion of the screening and volunteer site evaluation
| 11 |
| process, the Director of the Department of Natural Resources | 12 |
| shall be replaced
on the Task Group by a member appointed by | 13 |
| the Governor and confirmed by the
Senate. The member appointed | 14 |
| to replace the Director of the Department of
Natural Resources | 15 |
| shall have expertise that the Governor determines to be
| 16 |
| appropriate.
| 17 |
| (c-3) By December 1, 2000, the Department of Nuclear | 18 |
| Safety ,
in
consultation with the Task Group, waste generators, | 19 |
| and any interested
counties and
municipalities and after
| 20 |
| holding 3 public hearings throughout the State,
shall prepare a | 21 |
| report regarding, at a minimum, the impact and
ramifications, | 22 |
| if any, of the following factors and circumstances on the
| 23 |
| siting, design, licensure, development, construction, | 24 |
| operation, closure, and
post-closure care of a regional | 25 |
| disposal facility:
| 26 |
| (1) the federal, state, and regional programs for the | 27 |
| siting,
development,
and operation of disposal facilities | 28 |
| for low-level radioactive wastes and the
nature, extent, | 29 |
| and likelihood of any legislative or administrative | 30 |
| changes to
those programs;
| 31 |
| (2) (blank);
| 32 |
| (3) the current and most reliable projections | 33 |
| regarding the costs of the
siting, design, development, | 34 |
| construction, operation, closure, decommissioning,
and |
|
|
|
09400SB2639sam001 |
- 24 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| post-closure care of a regional disposal facility;
| 2 |
| (4) the current and most reliable estimates of the | 3 |
| total volume of
low-level radioactive waste that will be | 4 |
| disposed at a regional disposal
facility in Illinois and | 5 |
| the projected annual volume amounts;
| 6 |
| (5) the nature and extent of the available, if any, | 7 |
| storage and
disposal facilities outside the region of the | 8 |
| Compact for storage and disposal
of low-level radioactive | 9 |
| waste generated from within the region of the Compact;
and
| 10 |
| (6) the development and implementation of a voluntary | 11 |
| site selection
process in which land may be volunteered for | 12 |
| the regional disposal facility
jointly by landowners and | 13 |
| (i) the municipality in which the land is located,
(ii) | 14 |
| every municipality within 1 1/2 miles of the land if the | 15 |
| land is
not within a municipality, or (iii) the county or | 16 |
| counties in which the land
is located if the land is not | 17 |
| within a municipality
and not within 1 1/2 miles of a | 18 |
| municipality.
The Director of Nuclear Safety
shall provide | 19 |
| copies of the report to the
Governor, the
President and | 20 |
| Minority Leader of the Senate, and the Speaker and
Minority
| 21 |
| Leader of the House. The Director shall also publish a | 22 |
| notice of
availability of the report in the State newspaper | 23 |
| and make copies of the report
available without charge to | 24 |
| the public.
| 25 |
| (c-5) Following submittal of the report pursuant to | 26 |
| subsection (c-3) of
this
Section, the Department of Nuclear | 27 |
| Safety or its successor agency, the
Illinois
Emergency | 28 |
| Management Agency, may adopt rules establishing a
site | 29 |
| selection process for the regional disposal facility. In
| 30 |
| developing rules, the Department or the Agency
shall, at a | 31 |
| minimum, consider the following:
| 32 |
| (1) A comprehensive and open process under which the | 33 |
| land for sites
recommended and proposed by the contractor | 34 |
| under subsection (e) of this
Section shall be volunteered |
|
|
|
09400SB2639sam001 |
- 25 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| lands as provided in this Section. Land may be
volunteered
| 2 |
| for the regional disposal facility jointly by landowners | 3 |
| and (i) the
municipality in which the land is located, (ii) | 4 |
| every municipality with
1 1/2 miles of the land if the land | 5 |
| is not within a municipality, or
(iii) the county or | 6 |
| counties in which the land is located if the land is not
| 7 |
| within a municipality and not within 1 1/2 miles of a
| 8 |
| municipality.
| 9 |
| (2) Utilization of the State screening and volunteer | 10 |
| site evaluation
report prepared by the Scientific Surveys | 11 |
| under subsection (c) of this
Section for the purpose of | 12 |
| determining whether proposed sites appear likely to
| 13 |
| satisfy the site selection criteria.
| 14 |
| (3) Coordination of the site selection process with the | 15 |
| projected annual
and total volume of low-level radioactive | 16 |
| waste to be disposed at the regional
disposal facility as
| 17 |
| identified in the report prepared under subsection (c-3) of | 18 |
| this Section.
| 19 |
| The site selection process established under this | 20 |
| subsection shall require
the contractor selected by the | 21 |
| Department or the Agency pursuant to
Sections 5 and 10 of this
| 22 |
| Act to propose one site to the Task Group for approval under | 23 |
| subsections (d)
through (i) of this Section.
| 24 |
| No proposed site shall be selected as the site for the | 25 |
| regional
disposal facility unless it satisfies the site | 26 |
| selection criteria established
by the Task Group under | 27 |
| subsection (b) of this Section.
| 28 |
| (d) The contractor selected by the Department of Nuclear | 29 |
| Safety or its
successor agency, the Illinois
Emergency | 30 |
| Management Agency, under Sections 5 and
10
of this Act shall | 31 |
| conduct evaluations,
including possible intrusive field | 32 |
| investigations, of the sites and locations
identified under the | 33 |
| site selection process established under subsection
(c-5) of | 34 |
| this Section.
|
|
|
|
09400SB2639sam001 |
- 26 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (e) Upon completion of the site evaluations,
the
contractor | 2 |
| selected by the Department or the Agency shall identify one | 3 |
| site of at least 640
acres that appears
promising for | 4 |
| development of the regional disposal facility in compliance
| 5 |
| with the site selection criteria established by the Task Group | 6 |
| pursuant to
subsection (b) of this Section. The
contractor may | 7 |
| conduct any other evaluation of the site identified under
this | 8 |
| subsection that the contractor deems appropriate to determine | 9 |
| whether
the site satisfies the criteria adopted under | 10 |
| subsection
(b) of this Section. Upon
completion of the | 11 |
| evaluations under this subsection, the
contractor shall
| 12 |
| prepare and submit to the Department or the Agency a report on | 13 |
| the
evaluation of the
identified site, including a | 14 |
| recommendation as to whether the identified site
should be | 15 |
| further considered for selection as a site for the
regional | 16 |
| disposal facility. A site so recommended for further
| 17 |
| consideration is hereinafter referred to as a "proposed site".
| 18 |
| (f) A report completed under subsection (e) of this Section | 19 |
| that
recommends a proposed site shall also be submitted
to the | 20 |
| chairman of the Task Group. Within 45 days following receipt of | 21 |
| a
report, the chairman of the Task Group shall
publish in | 22 |
| newspapers of general circulation in the county or counties in
| 23 |
| which a proposed site is located a notice of the availability | 24 |
| of the report and a notice of
a
public meeting. The chairman of | 25 |
| the Task Group shall also, within the 45-day
period, provide | 26 |
| copies of
the report and the notice to the Governor, the | 27 |
| President and Minority Leader of
the Senate, the Speaker and | 28 |
| Minority Leader of the House, members of the
General Assembly | 29 |
| from the legislative district or districts in which a
proposed | 30 |
| site is located,
the county board or boards of the county or | 31 |
| counties containing
a proposed site, and each city, village, | 32 |
| and
incorporated town within a 5 mile radius of a proposed | 33 |
| site. The chairman
of the Task Group shall make copies of
the | 34 |
| report available without charge to the public.
|
|
|
|
09400SB2639sam001 |
- 27 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (g) The chairman of the Task Group shall convene at least | 2 |
| one
public meeting on each proposed site. At the public meeting
| 3 |
| or meetings,
the contractor selected by the Department of | 4 |
| Nuclear Safety or its successor
agency, the Illinois Emergency | 5 |
| Management Agency, shall present the results
of the
evaluation | 6 |
| of the proposed site.
The Task Group shall receive such other | 7 |
| written and oral information about
the proposed site that may | 8 |
| be submitted at the meeting.
Following the meeting, the
Task | 9 |
| Group shall decide whether the proposed site satisfies the | 10 |
| criteria
adopted
under subsection (b) of this Section. If the | 11 |
| Task Group determines that
the proposed site does not satisfy | 12 |
| the criteria, the Department or the
Agency may require a
| 13 |
| contractor to submit a further report pursuant to subsection | 14 |
| (e) of this
Section proposing another site from the locations | 15 |
| identified under the site
selection process established | 16 |
| pursuant to subsection (c-5) of this Section as
likely to | 17 |
| satisfy the criteria. Following notice and
distribution of the | 18 |
| report as required by subsection (f) of this Section, the
new | 19 |
| proposed site shall be the subject
of a public meeting under | 20 |
| this subsection. The contractor selected by the
Department or | 21 |
| the Agency shall
propose
additional sites, and the Task Group | 22 |
| shall conduct additional public
meetings, until the Task Group | 23 |
| has approved a proposed site recommended by a
contractor as | 24 |
| satisfying the
criteria adopted under subsection (b) of this | 25 |
| Section. In the event that the
Task Group does not approve any | 26 |
| of the proposed sites recommended by the
contractor under this | 27 |
| subsection as satisfying the criteria adopted under
subsection | 28 |
| (b) of this Section, the Task Group shall immediately suspend | 29 |
| all
work and the Department or the Agency shall prepare a study | 30 |
| containing, at
a minimum, the
Department's or the Agency's
| 31 |
| recommendations regarding the viability of the
site selection
| 32 |
| process established pursuant to this Act, based on the factors | 33 |
| and
circumstances
specified in items (1) through (6) of | 34 |
| subsection (c-3) of Section 10.2. The
Department or the Agency
|
|
|
|
09400SB2639sam001 |
- 28 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| shall provide copies of the study to the Governor,
the | 2 |
| President and
Minority Leader of the Senate, and the Speaker | 3 |
| and Minority Leader of the
House. The Department or the Agency
| 4 |
| shall also publish a notice of
availability of the study
in the | 5 |
| State newspaper and make copies of the report available without | 6 |
| charge
to the public.
| 7 |
| (h) (Blank).
| 8 |
| (i) Upon the Task Group's decision that a proposed site | 9 |
| satisfies the
criteria adopted under subsection (b) of this | 10 |
| Section, the contractor shall
proceed with the | 11 |
| characterization and licensure of the proposed site under
| 12 |
| Section 10.3 of this Act and the Task Group shall immediately | 13 |
| suspend all
work, except as otherwise specifically required in | 14 |
| subsection (b) of Section
10.3 of this
Act.
| 15 |
| (Source: P.A. 90-29, eff.
6-26-97; 91-601, eff. 8-16-99.)
| 16 |
| (420 ILCS 20/10.3) (from Ch. 111 1/2, par. 241-10.3)
| 17 |
| Sec. 10.3. Site characterization; license application; | 18 |
| adjudicatory
hearing; exclusivity.
| 19 |
| (a) If the contractor, following characterization, | 20 |
| determines that the
proposed site is appropriate for the | 21 |
| development of a
regional disposal facility, (i) the
contractor | 22 |
| shall submit
to the Department of Nuclear Safety or its | 23 |
| successor agency, the Illinois
Emergency Management Agency, an | 24 |
| application for a license to
construct and operate the facility | 25 |
| at the selected site and (ii) the Task
Group shall be abolished | 26 |
| and its records transferred to the Department or the
Agency .
| 27 |
| (b) If the contractor determines, following or at any time | 28 |
| during
characterization of the site proposed under Section 10.2 | 29 |
| of this Act, that the
proposed site is not appropriate for the | 30 |
| development of a regional disposal
facility, the
Department of | 31 |
| Nuclear Safety or its successor agency, the Illinois Emergency
| 32 |
| Management Agency, may require the contractor to propose an | 33 |
| additional site
to the
Task Group from the locations identified |
|
|
|
09400SB2639sam001 |
- 29 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| under the site selection process
established under subsection | 2 |
| (c-5) of Section 10.2 that is likely to satisfy
the
criteria
| 3 |
| adopted under subsection (b) of Section 10.2. The new proposed | 4 |
| site shall
be the
subject of public notice, distribution, and | 5 |
| public meeting conducted by the
Task Group under the procedures | 6 |
| set forth in subsections (f) and (g) of
Section
10.2
of this | 7 |
| Act. The contractor selected by the Department or the Agency
| 8 |
| shall
propose
additional sites and the Task Group shall conduct | 9 |
| additional public meetings
until (i) the Task Group has | 10 |
| approved a proposed site recommended by a
contractor as | 11 |
| satisfying the criteria adopted under subsection (b) of Section
| 12 |
| 10.2, and
(ii) the contractor has determined, following | 13 |
| characterization, that the site
is appropriate for the | 14 |
| development of the regional disposal facility. Upon the
| 15 |
| selection of a proposed site under this subsection, (i) the | 16 |
| contractor shall
submit to the Department or the Agency an | 17 |
| application for a license to
construct and operate
a regional | 18 |
| disposal facility at the selected site and (ii) the Task Group | 19 |
| shall
be abolished and its records transferred to the | 20 |
| Department or the Agency .
| 21 |
| (c) The Department of Nuclear Safety or its successor | 22 |
| agency, the Illinois
Emergency Management Agency, shall review | 23 |
| the license application filed
pursuant to
Section 8 and | 24 |
| subsections (a) and (b) of this Section in accordance
with its | 25 |
| rules and the agreement between the State of Illinois and the
| 26 |
| Nuclear Regulatory Commission under Section 274 of the Atomic | 27 |
| Energy Act.
If the Department or the Agency determines that the | 28 |
| license should be
issued, the
Department or the Agency shall | 29 |
| publish in the State newspaper a notice of
intent to issue
the | 30 |
| license. Objections to issuance of the license may be filed | 31 |
| within 90
days of publication of the notice. Upon receipt of | 32 |
| objections, the
Director
shall appoint
a hearing officer who | 33 |
| shall conduct an adjudicatory
hearing on the objections. The | 34 |
| burden of proof at the hearing shall be on
the person filing |
|
|
|
09400SB2639sam001 |
- 30 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| the objections. Upon completion of the hearing, the
hearing | 2 |
| officer shall recommend to the Director
whether the license | 3 |
| should
be issued. The decision of the Director to issue
or deny | 4 |
| the
license may be appealed under Section 18.
| 5 |
| (d) The procedures, criteria, terms, and conditions set | 6 |
| forth in this Act,
and in the rules adopted under this Act, for | 7 |
| the treatment,
storage, and disposal of low-level radioactive | 8 |
| waste and for the siting,
licensure, design, construction, | 9 |
| maintenance, operation, closure,
decommissioning, and | 10 |
| post-closure care of the regional disposal facility shall
be | 11 |
| the exclusive procedures, criteria, terms, and conditions for
| 12 |
| those matters.
| 13 |
| (Source: P.A. 90-29, eff. 6-26-97.)
| 14 |
| (420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11)
| 15 |
| Sec. 11. Report by the
Agency
Department .
| 16 |
| (a) (Blank).
| 17 |
| (b) (Blank).
| 18 |
| (c) At any time necessary, as determined by the Director, | 19 |
| to
ensure proper
planning and policy responses relating to the | 20 |
| continued availability of
facilities for the storage and | 21 |
| disposal of low-level radioactive wastes, the
Agency
| 22 |
| Department shall deliver to the Governor, the President and
| 23 |
| Minority Leader of
the Senate, and the Speaker and Minority | 24 |
| Leader of the House a report that
shall include, at a minimum, | 25 |
| an
analysis of the impacts of restrictions on disposal of
| 26 |
| low-level
radioactive waste at commercial disposal facilities | 27 |
| outside the State of
Illinois and the Agency's
Department's
| 28 |
| analysis of, and recommendations regarding, the
feasibility of | 29 |
| a centralized interim storage facility for low-level | 30 |
| radioactive
waste generated within the region of the Compact | 31 |
| and the nature and extent, if
any, of the generator's or any | 32 |
| other entity's responsibility for or title to
the waste to be | 33 |
| stored at a centralized interim storage facility after
the |
|
|
|
09400SB2639sam001 |
- 31 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| waste has been delivered to that facility.
| 2 |
| (Source: P.A. 90-29, eff. 6-26-97; 91-601, eff. 8-16-99.)
| 3 |
| (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
| 4 |
| Sec. 13. Waste fees.
| 5 |
| (a) The Department of Nuclear Safety or its successor | 6 |
| agency, the Illinois
Emergency Management Agency, shall | 7 |
| collect a fee from each generator of low-level
radioactive | 8 |
| wastes in this State. Except as provided in subsections (b), | 9 |
| (c),
and (d), the amount of the fee shall be $50.00 or the | 10 |
| following amount,
whichever is greater:
| 11 |
| (1) $1 per cubic foot of waste shipped for storage, | 12 |
| treatment or disposal
if storage of the waste for shipment | 13 |
| occurred prior to September 7, 1984;
| 14 |
| (2) $2 per cubic foot of waste stored for shipment if | 15 |
| storage of the
waste occurs on or after September 7, 1984, | 16 |
| but prior to October 1, 1985;
| 17 |
| (3) $3 per cubic foot of waste stored for shipment if | 18 |
| storage of the
waste occurs on or after October 1, 1985;
| 19 |
| (4) $2 per cubic foot of waste shipped for storage, | 20 |
| treatment or
disposal if storage of the waste for shipment | 21 |
| occurs on or after September
7, 1984 but prior to October | 22 |
| 1, 1985, provided that no fee has been collected
previously | 23 |
| for storage of the waste;
| 24 |
| (5) $3 per cubic foot of waste shipped for storage, | 25 |
| treatment or
disposal if storage of the waste for shipment | 26 |
| occurs on or after October
1, 1985, provided that no fees | 27 |
| have been collected previously for storage
of the waste.
| 28 |
| Such fees shall be collected annually or as determined by | 29 |
| the Department or the Agency and
shall be deposited in the | 30 |
| low-level radioactive waste funds as provided in
Section 14 of | 31 |
| this Act. Notwithstanding any other provision of this Act, no
| 32 |
| fee under this
Section shall be collected from a generator for | 33 |
| waste generated incident to
manufacturing before December 31, |
|
|
|
09400SB2639sam001 |
- 32 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| 1980, and shipped for disposal outside
of this State before | 2 |
| December 31, 1992, as part of a site reclamation
leading to | 3 |
| license termination.
| 4 |
| (b) Each nuclear power reactor in this State for which an | 5 |
| operating
license has been issued by the Nuclear Regulatory | 6 |
| Commission shall not be
subject to the fee required by | 7 |
| subsection (a) with respect to (1) waste
stored for shipment if | 8 |
| storage of the waste occurs on or after January
1, 1986; and | 9 |
| (2) waste shipped for storage, treatment or disposal if storage
| 10 |
| of the waste for shipment occurs on or after January 1, 1986. | 11 |
| In lieu of
the fee, each reactor shall be required to pay an | 12 |
| annual fee as provided in
this subsection for the
treatment, | 13 |
| storage and disposal of low-level radioactive waste. Beginning
| 14 |
| with State fiscal year 1986 and through State fiscal year 1997, | 15 |
| fees shall be
due and payable on January 1st of each year.
For | 16 |
| State fiscal year 1998 and all subsequent State fiscal years, | 17 |
| fees shall
be due and payable on July 1 of each fiscal year. | 18 |
| The fee due on July 1,
1997 shall be payable on that date, or | 19 |
| within 10 days after the effective date
of this amendatory Act | 20 |
| of 1997, whichever is later.
| 21 |
| The owner of any nuclear power reactor that has an | 22 |
| operating license
issued by the Nuclear Regulatory Commission | 23 |
| for any portion of State fiscal
year 1998 shall continue to pay | 24 |
| an annual fee of $90,000 for the treatment,
storage, and | 25 |
| disposal of low-level radioactive waste through State fiscal | 26 |
| year
2002. The fee shall be due and
payable on July 1 of each | 27 |
| fiscal year.
The fee due on July 1, 1998 shall be
payable on | 28 |
| that date, or within 10 days after the effective date of this
| 29 |
| amendatory Act of 1998, whichever is later.
If the balance in | 30 |
| the Low-Level Radioactive Waste Facility Development and
| 31 |
| Operation Fund falls below $500,000, as of the end of any | 32 |
| fiscal year after
fiscal year 2002, the Department (before July | 33 |
| 1, 2003) or the Agency (on and
after July 1, 2003) is | 34 |
| authorized to assess by rule, after notice
and a hearing, an |
|
|
|
09400SB2639sam001 |
- 33 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| additional annual fee to be paid by the owners of nuclear
power
| 2 |
| reactors for which operating licenses have been issued by the | 3 |
| Nuclear
Regulatory Commission, except that no additional | 4 |
| annual fee shall be assessed because of the fund balance at the | 5 |
| end of fiscal year 2005 or the end of fiscal year 2006. The | 6 |
| additional annual fee shall be payable on the date
or dates | 7 |
| specified by rule and shall not exceed $30,000 per operating | 8 |
| reactor
per year.
| 9 |
| (c) In each of State fiscal years 1988, 1989 and 1990, in | 10 |
| addition to
the fee imposed in subsections (b) and (d), the | 11 |
| owner of each nuclear power
reactor in this State for which an | 12 |
| operating license has been issued by the
Nuclear Regulatory | 13 |
| Commission shall pay a fee of $408,000. If an
operating license | 14 |
| is issued during one of those 3 fiscal years, the owner
shall | 15 |
| pay a prorated amount of the fee equal to $1,117.80 multiplied | 16 |
| by the
number of days in the fiscal year during which the | 17 |
| nuclear power reactor
was licensed.
| 18 |
| The fee shall be due and payable as follows: in fiscal year | 19 |
| 1988,
$204,000 shall be paid on October 1, 1987 and $102,000 | 20 |
| shall be paid on each
of January 1, 1988 and April 1, 1988; in | 21 |
| fiscal year 1989, $102,000 shall
be paid on each of July 1, | 22 |
| 1988, October 1, 1988, January 1, 1989 and April
1, 1989; and | 23 |
| in fiscal year 1990, $102,000 shall be paid on each of July 1,
| 24 |
| 1989, October 1, 1989, January 1, 1990 and April 1, 1990. If | 25 |
| the
operating license is issued during one of the 3 fiscal | 26 |
| years, the owner
shall be subject to those payment dates, and | 27 |
| their corresponding amounts,
on which the owner possesses an | 28 |
| operating license and, on June 30 of the fiscal
year of | 29 |
| issuance of the license, whatever amount of the prorated fee | 30 |
| remains
outstanding.
| 31 |
| All of the amounts collected by the Department or the | 32 |
| Agency under this subsection (c)
shall be deposited into the | 33 |
| Low-Level Radioactive Waste Facility
Development and Operation | 34 |
| Fund created under subsection (a) of Section 14 of
this
Act and |
|
|
|
09400SB2639sam001 |
- 34 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| expended, subject to appropriation, for
the purposes provided | 2 |
| in that subsection.
| 3 |
| (d) In addition to the fees imposed in subsections (b) and | 4 |
| (c), the
owners of nuclear power reactors in this State for | 5 |
| which operating licenses
have been issued by the Nuclear | 6 |
| Regulatory Commission shall pay the
following fees for each | 7 |
| such nuclear power reactor: for State fiscal year
1989, | 8 |
| $325,000 payable on October 1, 1988, $162,500 payable on | 9 |
| January 1,
1989, and $162,500 payable on April 1, 1989; for | 10 |
| State fiscal year 1990,
$162,500 payable on July 1, $300,000 | 11 |
| payable on October 1, $300,000 payable
on January 1 and | 12 |
| $300,000 payable on April 1; for State fiscal year 1991,
either | 13 |
| (1) $150,000 payable on July 1, $650,000 payable on September | 14 |
| 1,
$675,000 payable on January 1, and $275,000 payable on April | 15 |
| 1, or (2)
$150,000 on July 1, $130,000 on the first day of each | 16 |
| month from August
through December, $225,000 on the first day | 17 |
| of each month from January
through March and $92,000 on the | 18 |
| first day of each month from April through
June; for State | 19 |
| fiscal year 1992, $260,000 payable on July 1, $900,000
payable | 20 |
| on September 1, $300,000 payable on October 1, $150,000 payable | 21 |
| on
January 1, and $100,000 payable on April 1; for State fiscal | 22 |
| year 1993,
$100,000 payable on July 1, $230,000 payable on | 23 |
| August 1 or within 10 days
after July 31, 1992, whichever is | 24 |
| later, and $355,000 payable on October 1; for
State fiscal year | 25 |
| 1994, $100,000 payable on July 1, $75,000 payable on October
1 | 26 |
| and $75,000 payable on April 1; for State fiscal year 1995, | 27 |
| $100,000 payable
on July 1, $75,000 payable on October 1, and | 28 |
| $75,000 payable on April 1,
for State fiscal year 1996, | 29 |
| $100,000 payable on July 1, $75,000 payable on
October 1, and | 30 |
| $75,000 payable on April 1. The owner of any nuclear
power | 31 |
| reactor that has an operating license issued by the Nuclear | 32 |
| Regulatory
Commission for any portion of State fiscal year 1998 | 33 |
| shall pay an annual fee of
$30,000 through State fiscal year | 34 |
| 2003.
For State fiscal year 2004 and subsequent fiscal years, |
|
|
|
09400SB2639sam001 |
- 35 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| the owner of any
nuclear power reactor that has an operating | 2 |
| license issued by the Nuclear
Regulatory Commission shall pay | 3 |
| an annual fee of $30,000 per reactor, provided
that the fee
| 4 |
| shall not apply to a nuclear power reactor with regard to which | 5 |
| the owner
notified the Nuclear Regulatory Commission during | 6 |
| State fiscal year 1998 that
the nuclear power reactor | 7 |
| permanently ceased operations.
The fee shall be due and payable | 8 |
| on
July 1 of each fiscal year.
The fee due on July 1, 1998 shall | 9 |
| be
payable on that date, or within 10 days after the effective | 10 |
| date of this
amendatory Act of 1998, whichever is later.
The | 11 |
| fee
due on July 1, 1997 shall be payable on that date or within | 12 |
| 10 days after the
effective date of this amendatory Act of | 13 |
| 1997, whichever is later. If the
payments under this
subsection | 14 |
| for fiscal year 1993 due on January 1, 1993, or on April 1, | 15 |
| 1993, or
both, were due before the effective date of this | 16 |
| amendatory Act of the 87th
General Assembly, then those | 17 |
| payments are waived and need not be made.
| 18 |
| All of the amounts collected by the Department or the | 19 |
| Agency under this subsection (d)
shall be deposited into the | 20 |
| Low-Level Radioactive Waste Facility
Development and Operation | 21 |
| Fund created pursuant to subsection (a) of Section
14 of this
| 22 |
| Act and expended, subject to appropriation, for the purposes | 23 |
| provided in that
subsection.
| 24 |
| All payments made by licensees under this subsection (d) | 25 |
| for fiscal year
1992 that are not appropriated and obligated by | 26 |
| the Department of Nuclear Safety above
$1,750,000 per reactor | 27 |
| in fiscal year 1992, shall be credited to the licensees
making | 28 |
| the payments to reduce the per reactor fees required under this
| 29 |
| subsection (d) for fiscal year 1993.
| 30 |
| (e) The Agency
Department shall promulgate rules and | 31 |
| regulations establishing
standards for the collection of the | 32 |
| fees authorized by this Section. The
regulations shall include, | 33 |
| but need not be limited to:
| 34 |
| (1) the records necessary to identify the amounts of |
|
|
|
09400SB2639sam001 |
- 36 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| low-level
radioactive wastes produced;
| 2 |
| (2) the form and submission of reports to accompany the | 3 |
| payment of fees
to the Agency
Department ; and
| 4 |
| (3) the time and manner of payment of fees to the | 5 |
| Agency
Department , which
payments shall not be more | 6 |
| frequent than quarterly.
| 7 |
| (f) Any operating agreement entered into under subsection | 8 |
| (b) of
Section 5 of this Act between the Department of Nuclear | 9 |
| Safety or its successor agency, the Illinois
Emergency | 10 |
| Management Agency, and any disposal facility
contractor
shall, | 11 |
| subject to the provisions of this Act, authorize the contractor | 12 |
| to
impose upon and collect from persons using the disposal | 13 |
| facility fees
designed and
set at levels reasonably calculated | 14 |
| to produce sufficient revenues (1) to
pay all costs and | 15 |
| expenses properly incurred or accrued in connection
with, and | 16 |
| properly allocated to, performance of the contractor's | 17 |
| obligations
under the operating agreement, and (2) to provide | 18 |
| reasonable and
appropriate compensation or profit to the | 19 |
| contractor under the
operating
agreement. For purposes of this | 20 |
| subsection (f), the term "costs and expenses"
may include, | 21 |
| without limitation, (i) direct and indirect costs and expenses
| 22 |
| for labor, services, equipment, materials, insurance and other | 23 |
| risk
management costs, interest and other financing charges, | 24 |
| and taxes or fees
in lieu of taxes; (ii) payments to or | 25 |
| required by the United States, the
State of Illinois or any | 26 |
| agency or department thereof, the Central Midwest
Interstate | 27 |
| Low-Level Radioactive Waste Compact, and subject
to the
| 28 |
| provisions of this Act, any unit of local government; (iii)
| 29 |
| amortization of capitalized costs with respect to the disposal | 30 |
| facility and
its
development, including any capitalized | 31 |
| reserves; and (iv) payments with
respect
to reserves, accounts, | 32 |
| escrows or trust funds required by law or otherwise
provided | 33 |
| for under the operating agreement.
| 34 |
| (g) (Blank).
|
|
|
|
09400SB2639sam001 |
- 37 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (h) (Blank).
| 2 |
| (i) (Blank).
| 3 |
| (j) (Blank).
| 4 |
| (j-5) Prior to commencement of facility operations, the | 5 |
| Agency
Department shall
adopt rules providing for the | 6 |
| establishment and collection of fees and charges
with respect | 7 |
| to the use of the disposal facility as provided in subsection | 8 |
| (f)
of this Section.
| 9 |
| (k) The regional disposal facility shall be subject to ad | 10 |
| valorem real
estate taxes lawfully imposed by units of local | 11 |
| government and school districts
with jurisdiction over the | 12 |
| facility. No other local government tax, surtax,
fee or other | 13 |
| charge on activities at the regional disposal facility shall be
| 14 |
| allowed except as authorized by the Agency
Department .
| 15 |
| (l) The Agency
Department shall have the power, in the | 16 |
| event that acceptance of
waste for disposal at the regional | 17 |
| disposal facility is suspended, delayed
or interrupted, to | 18 |
| impose emergency fees on the generators of low-level
| 19 |
| radioactive waste. Generators shall pay emergency fees within | 20 |
| 30 days of
receipt of notice of the emergency fees. The Agency
| 21 |
| Department shall deposit all of
the receipts of any fees | 22 |
| collected under this subsection into the Low-Level
Radioactive | 23 |
| Waste Facility Development and Operation Fund created under
| 24 |
| subsection (b) of Section 14. Emergency fees may be used to | 25 |
| mitigate the
impacts of the suspension or interruption of | 26 |
| acceptance of waste for disposal.
The requirements for | 27 |
| rulemaking in the Illinois Administrative Procedure Act
shall | 28 |
| not apply to the imposition of emergency fees under this | 29 |
| subsection.
| 30 |
| (m) The Agency
Department shall promulgate any other rules | 31 |
| and regulations as
may be necessary to implement this Section.
| 32 |
| (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
| 33 |
| (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
|
|
|
|
09400SB2639sam001 |
- 38 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| Sec. 14. Waste management funds.
| 2 |
| (a) There is hereby created in the State
treasury a special | 3 |
| fund to be known as the "Low-Level Radioactive Waste
Facility | 4 |
| Development and Operation Fund".
All monies within the | 5 |
| Low-Level Radioactive Waste Facility Development and
Operation | 6 |
| Fund shall be invested by the State Treasurer in accordance | 7 |
| with
established investment practices. Interest earned by such | 8 |
| investment shall be
returned to the Low-Level Radioactive Waste | 9 |
| Facility Development and Operation
Fund.
Except as otherwise | 10 |
| provided in
this subsection, the Department of Nuclear Safety | 11 |
| or its successor agency,
the Illinois Emergency Management | 12 |
| Agency, shall deposit 80%
of all receipts from the fees | 13 |
| required under subsections (a) and (b)
of Section 13 in the | 14 |
| State Treasury to the credit of this Fund. Beginning
July 1, | 15 |
| 1997, and until December 31 of the year in which the Task Group
| 16 |
| approves a proposed site under Section 10.3, the Department or | 17 |
| the Agency
shall deposit all fees collected under subsections | 18 |
| (a)
and (b) of Section 13 of this Act into the
Fund. Subject to | 19 |
| appropriation, the Department or the Agency is authorized
to | 20 |
| expend all
moneys in the Fund in amounts it deems necessary
| 21 |
| for:
| 22 |
| (1) hiring personnel and any other operating and | 23 |
| contingent expenses
necessary for the proper | 24 |
| administration of this Act;
| 25 |
| (2) contracting with any firm for the purpose of | 26 |
| carrying out the
purposes of this Act;
| 27 |
| (3) grants to the Central Midwest Interstate Low-Level | 28 |
| Radioactive Waste
Commission;
| 29 |
| (4) hiring personnel, contracting with any person, and | 30 |
| meeting any
other expenses incurred by the Department or | 31 |
| the Agency in fulfilling its
responsibilities under the | 32 |
| Radioactive Waste Compact Enforcement Act;
| 33 |
| (5) activities under Sections 10, 10.2 and 10.3;
| 34 |
| (6) payment of fees in lieu of taxes to a local |
|
|
|
09400SB2639sam001 |
- 39 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| government
having within
its boundaries a regional | 2 |
| disposal facility;
| 3 |
| (7) payment of grants to counties or municipalities | 4 |
| under
Section 12.1; and
| 5 |
| (8) fulfillment of obligations under a community | 6 |
| agreement
under Section 12.1.
| 7 |
| In spending monies pursuant to such appropriations, the | 8 |
| Department or the
Agency shall
to the extent practicable avoid | 9 |
| duplicating expenditures made by any firm
pursuant to a | 10 |
| contract awarded under this Section. On or before March 1,
1989 | 11 |
| and on or before October 1
of 1989, 1990, 1991, 1992, and 1993, | 12 |
| the Department of Nuclear Safety shall
deliver to the
Governor, | 13 |
| the President and Minority Leader of the Senate, the Speaker | 14 |
| and
Minority Leader of the House, and each of the generators | 15 |
| that have
contributed during the preceding State fiscal year to | 16 |
| the Low-Level
Radioactive Waste Facility Development and | 17 |
| Operation Fund a financial
statement, certified and verified by | 18 |
| the Director, which details all
receipts and expenditures from | 19 |
| the fund during the preceding State fiscal
year; provided that | 20 |
| the report due on or before March 1, 1989 shall detail
all | 21 |
| receipts and expenditures from the fund during the period from | 22 |
| July 1,
1988 through January 31, 1989. The financial statements | 23 |
| shall identify all
sources of income to the
fund and all | 24 |
| recipients of expenditures from the fund, shall specify the
| 25 |
| amounts of all the income and expenditures, and shall indicate | 26 |
| the amounts
of all the income and expenditures, and shall | 27 |
| indicate the purpose for all
expenditures.
| 28 |
| (b) There is hereby created in the State Treasury a special | 29 |
| fund to be
known as the "Low-Level Radioactive Waste Facility | 30 |
| Closure, Post-Closure
Care and Compensation Fund".
All monies | 31 |
| within the Low-Level Radioactive Waste Facility Closure,
| 32 |
| Post-Closure Care and Compensation Fund shall be invested by | 33 |
| the State
Treasurer in accordance with established investment | 34 |
| practices. Interest earned
by such investment shall be returned |
|
|
|
09400SB2639sam001 |
- 40 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| to the Low-Level Radioactive Waste
Facility Closure, | 2 |
| Post-Closure Care and Compensation Fund.
The Department of | 3 |
| Nuclear Safety or its successor agency, the Illinois
Emergency | 4 |
| Management Agency, shall deposit 20% of all
receipts from the | 5 |
| fees required under subsections (a) and (b) of Section 13
of | 6 |
| this Act in the State treasury to the credit of this Fund, | 7 |
| except
that, pursuant to subsection (a) of Section 14 of this | 8 |
| Act, there shall be no
such deposit
into this Fund between July | 9 |
| 1, 1997 and December 31 of the year in which the
Task Group | 10 |
| approves a proposed site pursuant to Section 10.3 of this Act.
| 11 |
| All deposits
into this
Fund shall be held by the State | 12 |
| Treasurer separate and apart from all
public money or funds of | 13 |
| this State. Subject to appropriation, the
Department or the | 14 |
| Agency is authorized to expend any moneys in this Fund in
| 15 |
| amounts it deems
necessary for:
| 16 |
| (1) decommissioning and other procedures required for | 17 |
| the proper closure
of the regional disposal facility;
| 18 |
| (2) monitoring, inspecting, and other procedures | 19 |
| required for the proper
closure, decommissioning, and
| 20 |
| post-closure care of the regional disposal facility;
| 21 |
| (3) taking any remedial actions necessary to protect | 22 |
| human health and
the environment from releases or | 23 |
| threatened releases of wastes from
the regional disposal | 24 |
| facility;
| 25 |
| (4) the purchase of facility and third-party liability | 26 |
| insurance
necessary during the institutional control | 27 |
| period of the regional
disposal facility;
| 28 |
| (5) mitigating the impacts of the suspension or | 29 |
| interruption of the
acceptance of waste for disposal;
| 30 |
| (6) compensating any person suffering any damages or | 31 |
| losses to a
person or property caused by a release from the | 32 |
| regional disposal facility
as provided
for in Section 15; | 33 |
| and
| 34 |
| (7) fulfillment of obligations under a community |
|
|
|
09400SB2639sam001 |
- 41 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| agreement under Section
12.1.
| 2 |
| On or before March 1 of each year, the Department of | 3 |
| Nuclear Safety or its
successor agency, the Illinois Emergency | 4 |
| Management Agency, shall deliver to
the
Governor, the President | 5 |
| and Minority Leader of the Senate, the Speaker and
Minority | 6 |
| Leader of the House, and each of the generators that have
| 7 |
| contributed during the preceding State fiscal year to the Fund | 8 |
| a financial
statement, certified and verified by the Director, | 9 |
| which details all
receipts and expenditures from the Fund | 10 |
| during the preceding State fiscal
year. The financial | 11 |
| statements shall identify all sources of income to the
Fund and | 12 |
| all recipients of expenditures from the Fund, shall specify the
| 13 |
| amounts of all the income and expenditures, and shall indicate | 14 |
| the amounts
of all the income and expenditures, and shall | 15 |
| indicate the purpose for all
expenditures.
| 16 |
| (c) (Blank).
| 17 |
| (d) The Department of Nuclear Safety or its successor | 18 |
| agency, the Illinois
Emergency Management Agency, may accept | 19 |
| for any of its purposes and functions
any donations, grants of | 20 |
| money, equipment, supplies, materials, and services
from any | 21 |
| state or the United States, or from any institution, person, | 22 |
| firm
or corporation. Any donation or grant of money received | 23 |
| after January 1,
1986 shall be deposited in either the | 24 |
| Low-Level Radioactive Waste
Facility Development and Operation | 25 |
| Fund or the Low-Level Radioactive Waste
Facility Closure, | 26 |
| Post-Closure Care and Compensation Fund, in accordance
with the | 27 |
| purpose of the grant.
| 28 |
| (Source: P.A. 92-276, eff. 8-7-01.)
| 29 |
| (420 ILCS 20/15) (from Ch. 111 1/2, par. 241-15)
| 30 |
| Sec. 15. Compensation.
| 31 |
| (a) Any person may apply to the Agency
Department pursuant | 32 |
| to this
Section for
compensation of a loss caused by the | 33 |
| release, in Illinois, of radioactivity
from the regional |
|
|
|
09400SB2639sam001 |
- 42 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| disposal facility. The Agency
Department shall
prescribe | 2 |
| appropriate
forms and procedures for claims filed pursuant to | 3 |
| this Section, which shall
include, as a minimum, the following:
| 4 |
| (1) Provisions requiring the claimant to make a sworn | 5 |
| verification of
the claim to the best of his or her | 6 |
| knowledge.
| 7 |
| (2) A full description, supported by appropriate | 8 |
| evidence from
government agencies, of the release of the | 9 |
| radioactivity claimed to be the
cause of the physical | 10 |
| injury, illness, loss of income or property damage.
| 11 |
| (3) If making a claim based upon physical injury or | 12 |
| illness, certification
of the medical history of the | 13 |
| claimant for the 5 years preceding the date of
the claim, | 14 |
| along with certification of the alleged physical injury or | 15 |
| illness,
and expenses for the physical injury or illness, | 16 |
| made by hospitals, physicians
or other qualified medical | 17 |
| authorities.
| 18 |
| (4) If making a claim for lost income, information on | 19 |
| the claimant's
income as reported on his or her federal | 20 |
| income tax return or other document
for the preceding 3 | 21 |
| years in order to compute lost wages or income.
| 22 |
| (b) The Agency
Department shall hold at least one hearing, | 23 |
| if
requested by the
claimant, within 60 days of submission of a | 24 |
| claim to the Agency
Department . The
Director shall render a | 25 |
| decision on a claim within 30 days of the
hearing
unless all of | 26 |
| the parties to the claim agree in writing to an extension of
| 27 |
| time. All decisions rendered by the Director shall be in
| 28 |
| writing, with
notification to all appropriate parties. The | 29 |
| decision shall be considered
a final administrative decision | 30 |
| for the purposes of judicial review.
| 31 |
| (c) The following losses shall be compensable under this | 32 |
| Section,
provided that the Agency
Department has found that the | 33 |
| claimant has
established,
by the weight of the evidence, that | 34 |
| the losses were proximately caused by
the designated release |
|
|
|
09400SB2639sam001 |
- 43 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| and are not otherwise compensable under law:
| 2 |
| (1) One hundred percent of uninsured, out-of-pocket | 3 |
| medical expenses, for
up to 3 years from the onset of | 4 |
| treatment;
| 5 |
| (2) Eighty percent of any uninsured, actual lost wages, | 6 |
| or business
income in lieu of wages, caused by injury to | 7 |
| the claimant or the claimant's
property, not to exceed | 8 |
| $15,000 per year for 3 years;
| 9 |
| (3) Eighty percent of any losses or damages to real or | 10 |
| personal
property; and
| 11 |
| (4) One hundred percent of costs of any remedial | 12 |
| actions on such
property necessary to protect human health | 13 |
| and the environment.
| 14 |
| (d) No claim may be presented to the Agency
Department
| 15 |
| under this
Section
later than 5 years from the date of | 16 |
| discovery of the damage or loss.
| 17 |
| (e) Compensation for any damage or loss under this Section | 18 |
| shall
preclude indemnification or reimbursement from any other | 19 |
| source for the
identical damage or loss, and indemnification or | 20 |
| reimbursement from any
other source shall preclude | 21 |
| compensation under this Section.
| 22 |
| (f) The Agency
Department shall adopt, and revise when | 23 |
| appropriate,
rules and
regulations necessary to implement the | 24 |
| provisions of this Section,
including methods that provide for | 25 |
| establishing that a claimant has
exercised reasonable | 26 |
| diligence in satisfying the conditions of the
application | 27 |
| requirements, for specifying the proof necessary to establish a
| 28 |
| damage or loss compensable under this Section and for | 29 |
| establishing
the administrative procedures to be followed in | 30 |
| reviewing claims.
| 31 |
| (g) Claims approved by the Director shall be paid from the
| 32 |
| Low-Level
Radioactive Waste Facility Closure, Post-Closure | 33 |
| Care and Compensation
Fund, except that claims shall not be | 34 |
| paid in excess of the amount
available in the Fund. In the case |
|
|
|
09400SB2639sam001 |
- 44 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| of insufficient amounts in the Fund to
satisfy claims against | 2 |
| the Fund, the General Assembly may appropriate
monies to the | 3 |
| Fund in amounts it deems necessary to pay the claims.
| 4 |
| (Source: P.A. 87-1166.)
| 5 |
| (420 ILCS 20/17) (from Ch. 111 1/2, par. 241-17)
| 6 |
| Sec. 17. Penalties.
| 7 |
| (a) Any person operating any facility in violation of | 8 |
| Section 8
shall be subject to a civil penalty not to exceed | 9 |
| $100,000 per day of
violation.
| 10 |
| (b) Any person failing to pay the fees provided for in
| 11 |
| Section 13 shall be liable to a civil penalty not to exceed 4 | 12 |
| times the
amount of the fees not paid.
| 13 |
| (c) At the request of the Agency
Department , the civil | 14 |
| penalties
shall be recovered
in an action brought by the | 15 |
| Attorney General on behalf of the State in the
circuit court in | 16 |
| which the violation occurred. All amounts collected from
fines | 17 |
| under this Section shall be deposited in the Low-Level | 18 |
| Radioactive
Waste Facility Closure, Post-Closure Care and | 19 |
| Compensation Fund.
| 20 |
| (Source: P.A. 87-1166.)
| 21 |
| (420 ILCS 20/18) (from Ch. 111 1/2, par. 241-18)
| 22 |
| Sec. 18. Judicial review.
| 23 |
| Any person affected by a
final order or determination of | 24 |
| the Department of Nuclear Safety or its
successor agency, the | 25 |
| Illinois Emergency Management Agency, under this Act
may
obtain | 26 |
| judicial review, by filing a
petition for review within 90 days | 27 |
| after the entry of the order or other
final action complained | 28 |
| of.
| 29 |
| The review proceeding shall be conducted in accordance with | 30 |
| the
Administrative Review Law, except that the proceeding shall | 31 |
| originate in
the appellate court rather than in the circuit | 32 |
| court.
|
|
|
|
09400SB2639sam001 |
- 45 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (Source: P.A. 86-1044; 86-1050; 86-1475; 87-1244; 87-1267.)
| 2 |
| (420 ILCS 20/21.1) (from Ch. 111 1/2, par. 241-21.1)
| 3 |
| Sec. 21.1. (a) For the purpose of conducting subsurface | 4 |
| surveys and
other studies under this Act, officers and | 5 |
| employees of the Agency
Department and
officers and employees | 6 |
| of any person under contract or subcontract with the
Agency
| 7 |
| Department shall have the power to enter upon the lands or
| 8 |
| waters of any
person upon written notice to the known owners | 9 |
| and occupants, if any.
| 10 |
| (b) In addition to the powers under subsection (a), and | 11 |
| without
limitation to those powers, the Agency
Department and | 12 |
| any person under
contract or
subcontract with the Agency
| 13 |
| Department shall also have the power to
enter
contracts and | 14 |
| agreements which allow entry upon the lands or waters of any
| 15 |
| person for the purpose of conducting subsurface surveys and | 16 |
| other studies under
this Act.
| 17 |
| (c) The Agency
Department shall be responsible for any | 18 |
| actual
damages
occasioned by the entry upon the lands or waters | 19 |
| of any person under this
Section.
| 20 |
| (Source: P.A. 85-1133.)
| 21 |
| Section 30. The Radioactive Waste Storage Act is amended by | 22 |
| adding Section
0.5 and by changing Sections 1, 2, 3, 4, 5, and | 23 |
| 6 as follows:
| 24 |
| (420 ILCS 35/0.5 new)
| 25 |
| Sec. 0.5. Definitions. In this Act:
| 26 |
| "Agency" means the Illinois Emergency Management Agency.
| 27 |
| "Director" means the Director of the Agency.
| 28 |
| (420 ILCS 35/1) (from Ch. 111 1/2, par. 230.1)
| 29 |
| Sec. 1. The Director of Nuclear Safety is authorized to
| 30 |
| acquire by
private purchase, acceptance, or by condemnation in |
|
|
|
09400SB2639sam001 |
- 46 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| the manner provided
for the exercise of the power of eminent | 2 |
| domain under Article VII of the Code
of Civil Procedure, any | 3 |
| and all lands, buildings and grounds where radioactive
| 4 |
| by-products and wastes produced by industrial, medical, | 5 |
| agricultural,
scientific or other organizations can be | 6 |
| concentrated, stored or
otherwise disposed in a manner | 7 |
| consistent with the public health and
safety.
Whenever, in the | 8 |
| judgment of the Director of Nuclear Safety ,
it is
necessary to | 9 |
| relocate existing facilities for the construction, operation,
| 10 |
| closure or long-term care of a facility for the safe and secure | 11 |
| disposal of
low-level radioactive waste, the cost of relocating | 12 |
| such existing
facilities may be deemed a part of the disposal | 13 |
| facility land acquisition
and the Agency
Department of Nuclear | 14 |
| Safety may, on behalf of the
State, pay such
costs. Existing | 15 |
| facilities include public utilities, commercial or
industrial | 16 |
| facilities, residential buildings, and such other public or
| 17 |
| privately owned buildings as the Director of Nuclear Safety
| 18 |
| deems necessary
for relocation. The Agency
Department of | 19 |
| Nuclear Safety is authorized
to
operate
a relocation program, | 20 |
| and to pay such costs of relocation as are provided
in the | 21 |
| federal "Uniform Relocation Assistance and Real Property | 22 |
| Acquisition
Policies Act", Public Law 91-646. The Director of | 23 |
| Nuclear
Safety is
authorized to exceed the maximum payments | 24 |
| provided pursuant to the federal
"Uniform Relocation | 25 |
| Assistance and Real Property Acquisition Policies Act"
2f | 26 |
| necessary to assure the provision of decent, safe, and sanitary | 27 |
| housing,
or to secure a suitable alternate location. Payments | 28 |
| issued under this
Section shall be made from the Low-level | 29 |
| Radioactive Waste Facility
Development and Operation Fund | 30 |
| established by the Illinois Low-Level
Radioactive Waste | 31 |
| Management Act.
| 32 |
| (Source: P.A. 85-1407.)
| 33 |
| (420 ILCS 35/2) (from Ch. 111 1/2, par. 230.2)
|
|
|
|
09400SB2639sam001 |
- 47 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| Sec. 2. The Director of Nuclear Safety may accept, receive,
| 2 |
| and
receipt for moneys or lands, buildings and grounds for and | 3 |
| in behalf of
the State, given by the Federal Government under | 4 |
| any federal law to the
State or by any other public or private | 5 |
| agency, for the acquisition or
operation of a site or sites for | 6 |
| the concentration and storage of
radioactive wastes. Such funds | 7 |
| received by the Director pursuant
to this
Section shall be | 8 |
| deposited with the State Treasurer and held and
disbursed by | 9 |
| him in accordance with "An Act in relation to the receipt,
| 10 |
| custody, and disbursement of money allotted by the United | 11 |
| States of
America or any agency thereof for use in this State", | 12 |
| approved July 3,
1939, as amended. Provided that such moneys or | 13 |
| lands, buildings and
grounds shall be used only for the | 14 |
| purposes for which they are
contributed.
| 15 |
| (Source: P.A. 81-1516.)
| 16 |
| (420 ILCS 35/3) (from Ch. 111 1/2, par. 230.3)
| 17 |
| Sec. 3. The Director of Nuclear Safety may lease such
| 18 |
| lands, buildings
and grounds as it may acquire under the | 19 |
| provisions of this Act to a
private firm or firms for the | 20 |
| purpose of operating a site or sites for
the concentration and | 21 |
| storage of radioactive wastes or for such other
purpose not | 22 |
| contrary to the public interests.
| 23 |
| (Source: P.A. 81-1516.)
| 24 |
| (420 ILCS 35/4) (from Ch. 111 1/2, par. 230.4)
| 25 |
| Sec. 4. The operation of any and all sites acquired for the
| 26 |
| concentration and storage of radioactive wastes shall be under | 27 |
| the
direct supervision of the Agency
Department of Nuclear | 28 |
| Safety
and shall be in
accordance with regulations promulgated | 29 |
| and enforced by the Agency
Department
to protect the public | 30 |
| health and safety.
| 31 |
| (Source: P.A. 81-1516.)
|
|
|
|
09400SB2639sam001 |
- 48 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (420 ILCS 35/5) (from Ch. 111 1/2, par. 230.5)
| 2 |
| Sec. 5. The Director of Nuclear Safety is authorized
to | 3 |
| enter into
contracts as he or she may deem necessary for | 4 |
| carrying out the provisions of
this Act. Such contracts may | 5 |
| include the assessment of fees by the
Agency
Director . The fees | 6 |
| required shall be established at a rate which
provides an | 7 |
| annual amount equal to the anticipated reasonable cost
| 8 |
| necessary to maintain, monitor, and otherwise supervise and | 9 |
| care for
lands and facilities as required in the interest of | 10 |
| public health and
safety.
| 11 |
| (Source: P.A. 81-1516.)
| 12 |
| (420 ILCS 35/6) (from Ch. 111 1/2, par. 230.6)
| 13 |
| Sec. 6. It is recognized by the General Assembly that any | 14 |
| site used
for the concentration and storage of radioactive | 15 |
| waste material will
represent a continuing and perpetual | 16 |
| responsibility in the interests of
the public health, safety | 17 |
| and general welfare, and that the same must
ultimately be | 18 |
| reposed in a sovereign government without regard for the
| 19 |
| existence or nonexistence of any particular agency, | 20 |
| instrumentality,
department, division or officer thereof. In | 21 |
| all instances lands,
buildings and grounds which are to be | 22 |
| designated as sites for the
concentration and storage of | 23 |
| radioactive waste materials shall be
acquired in fee simple | 24 |
| absolute and dedicated in perpetuity to such
purpose. All | 25 |
| rights, title and interest in, of and to any radioactive
waste | 26 |
| materials accepted by the Agency
Department of Nuclear Safety | 27 |
| for
permanent storage at such facilities, shall upon acceptance | 28 |
| become the
property of the State and shall be in all respects | 29 |
| administered,
controlled, and disposed of, including transfer | 30 |
| by sale, lease, loan or
otherwise, by the Department of Nuclear | 31 |
| Safety in the name of the State.
All fees received pursuant to | 32 |
| contracts entered into by the Agency
Director
shall be | 33 |
| deposited in the State treasury and shall be set apart in a
|
|
|
|
09400SB2639sam001 |
- 49 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| special fund to be known as the "Radioactive Waste Site | 2 |
| Perpetual Care
Fund". Monies deposited in the fund shall be | 3 |
| expended by the Agency
Director
to monitor and maintain the | 4 |
| site as required to protect the public
health and safety on a | 5 |
| continuing and perpetual basis.
All payments received by the | 6 |
| Department of Nuclear Safety or its successor
agency, the | 7 |
| Illinois Emergency Management Agency, pursuant to the
| 8 |
| settlement agreement entered May 25, 1988, in the matter of the | 9 |
| People of
the State of Illinois, et al. v. Teledyne, Inc., et | 10 |
| al. (No. 78 MR 25,
Circuit Court, Bureau County, Illinois) | 11 |
| shall be held by the State
Treasurer separate and apart from | 12 |
| all public moneys or funds of the State,
and shall be used only | 13 |
| as provided in such settlement agreement.
| 14 |
| (Source: P.A. 86-257.)
| 15 |
| Section 35. The Radioactive Waste Tracking and Permitting | 16 |
| Act is amended by
changing Sections 5, 10, and 15 as follows:
| 17 |
| (420 ILCS 37/5)
| 18 |
| Sec. 5. Legislative findings.
| 19 |
| (a) The General Assembly finds:
| 20 |
| (1) that a considerable volume of wastes are produced | 21 |
| in this State with
even greater volumes to be produced in | 22 |
| the future;
| 23 |
| (2) that these wastes pose a significant risk to the | 24 |
| public health, safety
and welfare of the people of | 25 |
| Illinois; and
| 26 |
| (3) that it is the obligation of the State of Illinois | 27 |
| to its citizens to
provide for the safe management of the | 28 |
| wastes produced within its borders.
| 29 |
| (b) It is the intent of this Act to authorize the
| 30 |
| Department of
Nuclear
Safety or its successor agency, the | 31 |
| Illinois Emergency Management Agency, to establish, by | 32 |
| regulation, a tracking system for the regulation of
the
use of |
|
|
|
09400SB2639sam001 |
- 50 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| facilities licensed under Section 8 of the Illinois Low-Level
| 2 |
| Radioactive Waste Management Act.
| 3 |
| (Source: P.A. 88-616, eff. 9-9-94.)
| 4 |
| (420 ILCS 37/10)
| 5 |
| Sec. 10. Definitions.
| 6 |
| (a) "Agency" means the Illinois Emergency Management | 7 |
| Agency.
"Department" means the Department of Nuclear
Safety.
| 8 |
| (b) (Blank).
"Director" means the Director of the
| 9 |
| Department of Nuclear Safety.
| 10 |
| (c) "Disposal" means the isolation of waste from the | 11 |
| biosphere in a
permanent facility designed for that purpose.
| 12 |
| (d) "Facility" means a parcel of land or a site, together | 13 |
| with structures,
equipment, and improvements on or appurtenant | 14 |
| to the land or site, that is used
or is being developed for the | 15 |
| treatment, storage, or disposal of low-level
radioactive | 16 |
| waste.
| 17 |
| (e) "Low-level radioactive waste" or "waste" means | 18 |
| radioactive waste not
classified as (1) high-level radioactive | 19 |
| waste, (2) transuranic waste, (3)
spent nuclear fuel, or (4) | 20 |
| by-product material as defined in Section 11e(2) of
the Atomic | 21 |
| Energy Act. This definition shall apply notwithstanding any
| 22 |
| declaration by the federal government or a state that any | 23 |
| radioactive material
is exempt from any regulatory control.
| 24 |
| (f) "Person" means an individual, corporation, business | 25 |
| enterprise, or other
legal entity, public or private, or any | 26 |
| legal successor, representative, agent,
or agency of that | 27 |
| individual, corporation, business enterprise, or legal
entity.
| 28 |
| (g) "Regional facility" or "disposal facility" means a | 29 |
| facility that is
located in Illinois and established by | 30 |
| Illinois, under designation of Illinois
as a
host state by the | 31 |
| Commission for disposal of waste.
| 32 |
| (h) "Storage" means the temporary holding of waste for | 33 |
| treatment or
disposal for a period determined by Agency
|
|
|
|
09400SB2639sam001 |
- 51 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| Department regulations.
| 2 |
| (i) "Treatment" means any method, technique, or process, | 3 |
| including storage
for radioactive decay, that is designed to | 4 |
| change the physical, chemical, or
biological characteristics | 5 |
| or composition of any waste in order to render the
waste safer | 6 |
| for transport, storage, or disposal, amenable to recovery,
| 7 |
| convertible to another usable material, or reduced in volume.
| 8 |
| (Source: P.A. 88-616, eff. 9-9-94.)
| 9 |
| (420 ILCS 37/15)
| 10 |
| Sec. 15. Permit requirements for the storage, treatment, | 11 |
| and disposal of
waste at a disposal facility.
| 12 |
| (a) Upon adoption of regulations under subsection (c) of | 13 |
| this Section,
no person
shall deposit any low-level radioactive | 14 |
| waste at a storage, treatment, or
disposal facility in Illinois | 15 |
| licensed under Section 8 of the Illinois
Low-Level Radioactive | 16 |
| Waste Management Act without a permit granted by the
Department | 17 |
| of Nuclear Safety or by its successor agency, the Illinois
| 18 |
| Emergency
Management Agency .
| 19 |
| (b) Upon adoption of regulations under subsection (c) of | 20 |
| this Section,
no person
shall operate a storage, treatment, or | 21 |
| disposal facility licensed under Section
8 of the Illinois | 22 |
| Low-Level Radioactive Waste Management Act without a permit
| 23 |
| granted by the Department of Nuclear Safety or by its successor | 24 |
| agency, the
Illinois
Emergency Management Agency .
| 25 |
| (c) The Agency
Department of Nuclear Safety shall adopt | 26 |
| regulations
providing
for the
issuance, suspension, and | 27 |
| revocation of permits required under subsections (a)
and (b) of | 28 |
| this Section. The regulations may provide a system for tracking
| 29 |
| low-level radioactive
waste to ensure that waste that other | 30 |
| states are responsible for disposing of
under federal law does | 31 |
| not become the responsibility of the State of Illinois.
The | 32 |
| regulations shall be consistent with the Federal Hazardous | 33 |
| Materials
Transportation Act.
|
|
|
|
09400SB2639sam001 |
- 52 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (d) The Agency
Department may enter into a contract or | 2 |
| contracts for
operation of
the system for tracking low-level | 3 |
| radioactive waste as provided in subsection
(c) of this | 4 |
| Section.
| 5 |
| (e) A person who violates this Section or any regulation | 6 |
| promulgated under
this Section shall be subject to a civil | 7 |
| penalty, not to exceed $10,000, for
each violation. Each day a | 8 |
| violation continues shall constitute a separate
offense. A | 9 |
| person who fails to pay a civil penalty imposed by a regulation
| 10 |
| adopted under this Section, or any portion of the penalty, is | 11 |
| liable in a civil
action in an amount not to exceed 4 times the | 12 |
| amount imposed and not paid. At
the request of the Agency
| 13 |
| Department , the Attorney General shall, on
behalf of the
State, | 14 |
| bring an action for the recovery of any civil penalty provided | 15 |
| for by
this Section. Any civil penalties so recovered shall be | 16 |
| deposited in the
Low-Level Radioactive Waste Facility Closure, | 17 |
| Post-Closure Care and
Compensation Fund.
| 18 |
| (Source: P.A. 88-616, eff. 9-9-94.)
| 19 |
| Section 40. The Uranium and Thorium Mill Tailings Control | 20 |
| Act is amended
by changing Sections 5, 10, 15, 25, 30, 32, 35, | 21 |
| and 40 as follows:
| 22 |
| (420 ILCS 42/5)
| 23 |
| Sec. 5. Legislative findings.
| 24 |
| (a) The General Assembly finds:
| 25 |
| (1) that a very large volume of by-product material, | 26 |
| commonly referred
to as uranium and thorium mill tailings, | 27 |
| is located within this State, much of
it in urban areas;
| 28 |
| (2) that such radioactive materials pose a significant | 29 |
| risk to the
public health, safety, and welfare of the | 30 |
| people of Illinois; and
| 31 |
| (3) that the Illinois Emergency Management Agency
| 32 |
| Department of Nuclear Safety , pursuant to the
provisions of
|
|
|
|
09400SB2639sam001 |
- 53 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| the Radiation Protection Act of 1990, regulates the | 2 |
| generation, possession,
use, and disposal of such | 3 |
| materials to protect the public health and safety
from the | 4 |
| radiation risks associated with these materials and to | 5 |
| ensure that
they do not pose
an undue risk to the public | 6 |
| health, safety, or the environment; and
| 7 |
| (4) that in addition to this regulation, it is | 8 |
| beneficial for the State to
have a policy promoting the | 9 |
| safe and timely decommissioning of source
material milling | 10 |
| facilities that have come to the end of their productive
| 11 |
| lives and the safe and effective decontamination of areas | 12 |
| within the State
that are contaminated with uranium or | 13 |
| thorium mill tailings.
| 14 |
| (a-5) The General Assembly also finds:
| 15 |
| (1) that the Director of Nuclear Safety , as represented | 16 |
| by the
Attorney General, and
Kerr-McGee Chemical | 17 |
| Corporation entered into an agreement dated May 19, 1994
| 18 |
| and other related
agreements to facilitate the removal of | 19 |
| by-product material from the City of
West Chicago in | 20 |
| reliance upon the enactment of this amendatory Act of 1994;
| 21 |
| (2) that the May 19, 1994 agreement is consistent with | 22 |
| the public purpose
as
expressed in this Act; and
| 23 |
| (3) that the May 19, 1994 agreement is not an agreement | 24 |
| intended to
relieve Kerr-McGee Chemical Corporation from | 25 |
| the applicability of this Act
under Section 35.
| 26 |
| (b) It is the purpose of this Act to establish a | 27 |
| comprehensive program
for the timely decommissioning of | 28 |
| uranium and thorium mill tailings
facilities in Illinois and | 29 |
| for the decontamination of properties that are
contaminated | 30 |
| with uranium or thorium mill tailings. It is the intent of
the | 31 |
| General Assembly that such a program provide for the safe | 32 |
| management of
these mill tailings and that the program | 33 |
| encourage public participation in
all phases of the development | 34 |
| of this management program. It is further
the intent of the |
|
|
|
09400SB2639sam001 |
- 54 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| General Assembly that this program be in addition to the
| 2 |
| regulatory program established in the Radiation Protection Act | 3 |
| of 1990.
| 4 |
| (Source: P.A. 87-1024; 88-638, eff. 9-9-94.)
| 5 |
| (420 ILCS 42/10)
| 6 |
| Sec. 10. Definitions.
As used in this Act:
| 7 |
| "Agency" means the Illinois Emergency Management Agency.
| 8 |
| "By-product material" means
the tailings or wastes | 9 |
| produced by the extraction
or concentration of uranium or | 10 |
| thorium from any ore processed primarily for
its source | 11 |
| material content, including discrete surface wastes resulting
| 12 |
| from underground solution extraction processes but not | 13 |
| including
underground ore bodies depleted by such solution | 14 |
| extraction processes.
| 15 |
| "Department" means the Department of Nuclear Safety.
| 16 |
| "Director" means the Director of the Illinois Emergency | 17 |
| Management Agency
Department of Nuclear Safety .
| 18 |
| "Person" means any individual, corporation, partnership, | 19 |
| firm,
association, trust, estate, public or private | 20 |
| institution, group, agency,
political subdivision of this | 21 |
| State, any other State or political
subdivision or agency | 22 |
| thereof, and any legal successor, representative,
agent, or | 23 |
| agency of the foregoing, other than the United States Nuclear
| 24 |
| Regulatory Commission, or any successor thereto, and other than | 25 |
| federal
government agencies licensed by the United States | 26 |
| Nuclear Regulatory
Commission, or any successor thereto.
| 27 |
| "Radiation emergency" means the uncontrolled release of | 28 |
| radioactive
material from a radiation installation that poses a | 29 |
| potential threat to
the public health, welfare, and safety.
| 30 |
| "Source material" means (i) uranium, thorium, or any other | 31 |
| material
that the Agency
Department declares by order to be | 32 |
| source material
after the
United States Nuclear Regulatory | 33 |
| Commission or its successor has
determined the material to be |
|
|
|
09400SB2639sam001 |
- 55 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| source material; or (ii) ores containing one
or more of those
| 2 |
| materials in such concentration as the Agency
Department | 3 |
| declares
by order to be source material after the United States | 4 |
| Nuclear Regulatory
Commission or its successor has determined | 5 |
| the material in such
concentration to be source material.
| 6 |
| "Specific license" means a license, issued after | 7 |
| application, to
use, manufacture, produce, transfer, receive, | 8 |
| acquire, own, or possess
quantities of radioactive materials or | 9 |
| devices or equipment utilizing
radioactive materials.
| 10 |
| (Source: P.A. 87-1024.)
| 11 |
| (420 ILCS 42/15)
| 12 |
| Sec. 15. Storage fees.
| 13 |
| (a) Beginning January 1, 1994, an annual fee shall be | 14 |
| imposed on the
owner or operator of any property that has been | 15 |
| used in whole or in part
for the milling of source material and | 16 |
| is being used for the storage or
disposal of by-product | 17 |
| material, equal
to $2 per cubic foot of by-product material | 18 |
| being stored or disposed
of by the facility.
After a facility | 19 |
| is cleaned up in accordance with the
Department's radiological | 20 |
| soil clean-up criteria specified by the
Department of
Nuclear | 21 |
| Safety or its successor agency, the Illinois Emergency | 22 |
| Management
Agency , no fee shall be due, imposed
upon, or | 23 |
| collected from an owner.
No fee shall be imposed upon any | 24 |
| by-product
material moved to a facility in contemplation of the | 25 |
| subsequent removal of the
by-product material pursuant to law | 26 |
| or upon any by-product material moved to
a facility in | 27 |
| contemplation of processing the material through a physical
| 28 |
| separation facility. No fees shall be collected from any State,
| 29 |
| county, municipal, or local governmental agency.
In connection | 30 |
| with settling litigation
regarding the amount of the fee to be | 31 |
| imposed, the Director may enter into an
agreement with the | 32 |
| owner or operator of any facility specifying that the fee
to be | 33 |
| imposed shall not exceed $26,000,000 in any calendar year.
The |
|
|
|
09400SB2639sam001 |
- 56 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| fees
assessed under this Section are separate and distinct from | 2 |
| any license fees
imposed under Section 11 of the Radiation | 3 |
| Protection Act of 1990.
| 4 |
| The fee shall be due on June 1 of each year or at such other
| 5 |
| times in such installments as the Director may provide by rule. | 6 |
| To facilitate
the expeditious removal of by-product material, | 7 |
| rules establishing
payment dates or schedules may be adopted as | 8 |
| emergency rules under
Section 5-45 of the Administrative | 9 |
| Procedure Act. The fee shall be
collected and administered by | 10 |
| the Agency
Department , and shall be deposited into the
General | 11 |
| Revenue Fund.
| 12 |
| (b) Moneys
may be expended by the
Agency
Department , | 13 |
| subject to appropriation, for
the following purposes but only | 14 |
| as the moneys relate to
by-product material attributable to the | 15 |
| owner or operator who pays the fees under subsection (a):
| 16 |
| (1) the costs of monitoring, inspecting, and otherwise | 17 |
| regulating the
storage and disposal of by-product | 18 |
| material, wherever located;
| 19 |
| (2) the costs of undertaking any maintenance,
| 20 |
| decommissioning activities, cleanup, responses to | 21 |
| radiation emergencies, or
remedial action that would | 22 |
| otherwise be required of the owner or
operator by law or | 23 |
| under a license amendment or condition in connection with | 24 |
| by-product materials;
| 25 |
| (3) the costs that would otherwise be required of the | 26 |
| owner or operator,
by law or under a license amendment or | 27 |
| condition, incurred by the State
arising from the | 28 |
| transportation of
the by-product material from a storage or | 29 |
| unlicensed disposal location to a
licensed permanent | 30 |
| disposal facility; and
| 31 |
| (4) reimbursement to the owner or operator of any | 32 |
| facility used
for
the storage or disposal of by-product | 33 |
| material
for costs incurred by the owner or operator in
| 34 |
| connection with the decontamination or decommissioning of |
|
|
|
09400SB2639sam001 |
- 57 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| the storage or
disposal facility or other properties | 2 |
| contaminated with by-product
material. However, the amount | 3 |
| of the reimbursements paid to the owner or
operator of a | 4 |
| by-product material storage or disposal facility shall not
| 5 |
| be reduced for any amounts recovered by the owner or | 6 |
| operator pursuant to
Title X of the federal Energy Policy | 7 |
| Act of 1992 and shall not
exceed the amount of money paid | 8 |
| by that owner or operator under subsection (a) plus
the | 9 |
| interest attributable to amounts paid by that owner or
| 10 |
| operator.
| 11 |
| An owner or operator who incurs costs in connection with | 12 |
| the
decontamination or decommissioning of the storage or | 13 |
| disposal facility or other
properties contaminated with | 14 |
| by-product material is entitled to have
those costs promptly | 15 |
| reimbursed as provided in this Section.
In the event the owner | 16 |
| or operator has incurred reimbursable costs for which
there are | 17 |
| not adequate moneys with which to provide reimbursement,
the | 18 |
| Director shall reduce the amount of any fee payable in the | 19 |
| future imposed
under this Act by the amount of the reimbursable | 20 |
| expenses incurred by the owner
or operator.
An owner or
| 21 |
| operator of a facility shall submit requests for reimbursement | 22 |
| to the Director
in a form reasonably required by the Director. | 23 |
| Upon receipt of a request,
the Director shall give written | 24 |
| notice approving or disapproving each of the
owner's or | 25 |
| operator's request for reimbursement within 60 days. The | 26 |
| Director
shall approve requests for reimbursement unless the | 27 |
| Director finds that the
amount
is excessive, erroneous, or | 28 |
| otherwise inconsistent with paragraph (4) of this
subsection or | 29 |
| with any license or license amendments issued in connection | 30 |
| with
that owner's or operator's decontamination or | 31 |
| decommissioning plan. If the
Director disapproves a
| 32 |
| reimbursement request, the Director shall set forth in writing | 33 |
| to the owner or
operator the reasons for disapproval. The owner | 34 |
| or operator may resubmit to
the Agency
Department a disapproved |
|
|
|
09400SB2639sam001 |
- 58 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| reimbursement request with additional information
as may be | 2 |
| required. Disapproval of a reimbursement request shall | 3 |
| constitute
final action for purposes of the Administrative | 4 |
| Review Law unless the owner or
operator resubmits the denied | 5 |
| request within 35 days.
To the extent there are funds | 6 |
| available, the Director shall prepare and certify to the
| 7 |
| Comptroller
the disbursement of the approved sums
to the owners | 8 |
| or operators or, if there are insufficient funds available, the
| 9 |
| Director shall off-set future fees otherwise payable by the | 10 |
| owner or operator
by the amount of the approved reimbursable | 11 |
| expenses.
| 12 |
| (c) To the extent that costs identified in parts (1), (2), | 13 |
| and (3) of
subsections (b)
are recovered by the Department or | 14 |
| its successor agency, the Illinois Emergency Management
| 15 |
| Agency, under the Radiation Protection Act of 1990
or | 16 |
| Department or Agency
its rules, the Department or the Agency | 17 |
| shall not use money under this Section to cover these costs.
| 18 |
| (d) (Blank).
| 19 |
| (Source: P.A. 94-91, eff. 7-1-05.)
| 20 |
| (420 ILCS 42/25)
| 21 |
| Sec. 25. Response plans.
| 22 |
| (a) Within one year of September 6, 1992 ( the effective | 23 |
| date of Public
Act 87-1024)
this Act , the owner or
operator of | 24 |
| any licensed site where by-product material is located on the
| 25 |
| effective date of this Act shall file with the Department of | 26 |
| Nuclear Safety,
a detailed plan
describing all of the | 27 |
| activities necessary for implementation of a
permanent | 28 |
| remedial action, including, but not limited to, disposal of
| 29 |
| by-product material at a permanent disposal site, restoration | 30 |
| of the
licensed site to unrestricted use, and decontamination | 31 |
| of all properties
that have been identified as being | 32 |
| contaminated with by-product material
produced at the licensed | 33 |
| site. If the licensed site is located in a
municipality or |
|
|
|
09400SB2639sam001 |
- 59 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| within
1.5 miles of the boundary of any municipality, the plan | 2 |
| shall also be
filed with the governing body of that | 3 |
| municipality. If the licensed site
is in an unincorporated area | 4 |
| of a county and situated more than 1.5 miles from
the boundary | 5 |
| of the nearest municipality, the plan shall be filed with the
| 6 |
| governing
body of that county.
| 7 |
| (b) Within one year of discontinuing active source material | 8 |
| milling
operations, the owner or operator of any facility where | 9 |
| ores are processed
primarily for their source material content | 10 |
| shall file with the Agency
Department
a detailed plan | 11 |
| describing all of the activities necessary for
implementation | 12 |
| of a permanent remedial action, including, but not limited
to, | 13 |
| disposal of by-product material at a permanent disposal site,
| 14 |
| restoration of the facility site to unrestricted use, and | 15 |
| decontamination
of all properties that have been identified as | 16 |
| being contaminated with
by-product material produced at the | 17 |
| licensed facility. If the facility is
located in a municipality | 18 |
| or within 1.5 miles of the boundary of any
municipality, the | 19 |
| plan
shall also be filed with the governing body of that | 20 |
| municipality. If the site
is in an unincorporated area of a | 21 |
| county and situated more than 1.5 miles
from the boundary
of | 22 |
| the nearest municipality, the plan shall be filed with the | 23 |
| governing
body of that county.
| 24 |
| (c) The plans filed under subsection (a) or (b) shall | 25 |
| include a schedule
for disposal of by-product material
at a | 26 |
| facility that has a specific license authorizing disposal of
| 27 |
| by-product material. The schedule shall be such that disposal | 28 |
| could be
completed
within 48 months or less of commencement of | 29 |
| disposal activities. The plans
shall also describe permits, | 30 |
| approvals, and other authorizations that will
need to be | 31 |
| obtained and the plans for obtaining those permits, approvals | 32 |
| and
authorizations.
| 33 |
| (Source: P.A. 87-1024.)
|
|
|
|
09400SB2639sam001 |
- 60 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (420 ILCS 42/30)
| 2 |
| Sec. 30. Rules and regulations. The Agency
Department may | 3 |
| adopt such
rules
and procedures as it may deem necessary or | 4 |
| useful in the execution of its
duties under this Act. The rules | 5 |
| may require submission of pertinent
information by taxpayers.
| 6 |
| (Source: P.A. 87-1024.)
| 7 |
| (420 ILCS 42/32)
| 8 |
| Sec. 32. Limitations on groundwater and property use.
| 9 |
| (a) In connection with the decommissioning of a source | 10 |
| material milling
facility or the termination of the facility's | 11 |
| license, the Agency
Department shall
have
the authority to | 12 |
| adopt by rule, or impose by order or license amendment or
| 13 |
| condition, restrictions on the use of groundwater on any | 14 |
| property that has been
licensed for
the milling of source | 15 |
| material and any property downgradient from the property
that | 16 |
| has been licensed for the milling of source material where the | 17 |
| groundwater
impacted
by a licensed facility has constituents | 18 |
| above naturally-occurring levels and
is in excess of the | 19 |
| groundwater standards enforceable by the Agency
Department .
| 20 |
| (b) In connection with the decommissioning of a source | 21 |
| material milling
facility or the termination of the facility's | 22 |
| license, the Agency
Department shall
have
the authority to | 23 |
| adopt by rule, or impose by order or license amendment or
| 24 |
| condition, restrictions on property that has been licensed for | 25 |
| the milling
of source material where the soil has constituents | 26 |
| above naturally-occurring
levels to limit or prohibit:
| 27 |
| (1) the construction of basements or other similar | 28 |
| below-ground
structures, other than footings or pilings, | 29 |
| on any portion of the property
where elevated levels of the | 30 |
| constituents are present in the soil; and
| 31 |
| (2) the excavation of soil from a portion of the | 32 |
| property where elevated
levels of the constituents are | 33 |
| present in the excavated soil, unless the
excavated soil is |
|
|
|
09400SB2639sam001 |
- 61 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (i) disposed of in a facility licensed or permitted to
| 2 |
| dispose of that soil or (ii) returned to the approximate | 3 |
| depth from which it
was
excavated and covered with an | 4 |
| equivalent cover.
| 5 |
| (c) The authority granted to the Agency
Department under | 6 |
| this
Section is intended
to
secure the greatest protection of | 7 |
| the public health and safety practicable in
the decommissioning | 8 |
| of a source material milling facility or the termination of
the | 9 |
| facility's license and shall be in addition to the authority | 10 |
| granted under
the Radiation Protection Act of 1990.
| 11 |
| (Source: P.A. 90-39, eff. 6-30-97.)
| 12 |
| (420 ILCS 42/35)
| 13 |
| Sec. 35. Agreements. If the Director of Nuclear Safety
| 14 |
| certifies to
the General Assembly that the State and the owner | 15 |
| or operator of a licensed
by-product material storage or | 16 |
| disposal facility have entered into an agreement
enforceable in | 17 |
| court that accomplishes the purposes of subsection (b) of
| 18 |
| Section 5 of this Act, and that also provides financial | 19 |
| assurances to protect
the State against costs described in | 20 |
| parts (1), (2), and (3) of subsection (b)
of Section 15, then | 21 |
| Sections 15, 25 and 40(b) of this Act, and any rules that
the | 22 |
| Agency
Department may adopt to implement those Sections, shall | 23 |
| not
apply to that
owner or operator.
| 24 |
| (Source: P.A. 87-1024.)
| 25 |
| (420 ILCS 42/40)
| 26 |
| Sec. 40. Violations and penalties.
| 27 |
| (a) Any person who violates Section 20 shall be subject to | 28 |
| a civil penalty
not to exceed $10,000 per day of violation.
| 29 |
| (b) Any person failing to pay the fees provided for in | 30 |
| Section 15 shall be
subject to a civil penalty not to exceed 4 | 31 |
| times the amount of the fees not paid.
| 32 |
| (c) Violations of this Act shall be prosecuted by the |
|
|
|
09400SB2639sam001 |
- 62 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| Attorney General at the
request of the Agency
Department . Civil | 2 |
| penalties under this Act are recoverable in an
action brought | 3 |
| by the Attorney General on behalf of the State in the
circuit | 4 |
| court of the county in which the facility is located. All | 5 |
| amounts
collected from fines under this Section shall be | 6 |
| deposited in the
General Revenue Fund. It shall also be the | 7 |
| duty of the Attorney
General upon the request of the Agency
| 8 |
| Department to bring an action for an
injunction against any | 9 |
| person violating any of the provisions of this Act.
The Court | 10 |
| may assess all or a portion of the cost of actions brought | 11 |
| under
this subsection, including but not limited to attorney, | 12 |
| expert witness, and
consultant fees, to the owner or operator | 13 |
| of the source material milling
facility or to any other person | 14 |
| responsible for the violation or contamination.
| 15 |
| (Source: P.A. 94-91, eff. 7-1-05.)
| 16 |
| Section 45. The Laser System Act of 1997 is amended by | 17 |
| changing
Sections 10, 15, 20, 22, 25, 30, 35, 40, 45, 50, 60, | 18 |
| and 65 as follows:
| 19 |
| (420 ILCS 56/10)
| 20 |
| Sec. 10. Legislative purpose. It is the purpose of this | 21 |
| Act to provide for
a program
of effective regulation of laser | 22 |
| systems for the protection of human health,
welfare, and | 23 |
| safety. The Agency
Department shall therefore regulate
laser | 24 |
| systems
under this Act to ensure the
safe use and operation of | 25 |
| those systems.
| 26 |
| (Source: P.A. 90-209, eff. 7-25-97.)
| 27 |
| (420 ILCS 56/15)
| 28 |
| Sec. 15. Definitions. For the purposes of this Act, unless | 29 |
| the context
requires otherwise:
| 30 |
| (1) "Agency" means the Illinois Emergency Management | 31 |
| Agency.
"Department" means the Illinois Department of |
|
|
|
09400SB2639sam001 |
- 63 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| Nuclear Safety.
| 2 |
| (2) "Director" means
the Director of the Illinois | 3 |
| Emergency Management Agency
Nuclear
Safety .
| 4 |
| (3) "FDA" means the Food and Drug Administration of the | 5 |
| United States
Department
of Health and Human Services.
| 6 |
| (4) "Laser installation" means a location or facility | 7 |
| where laser systems
are produced, stored, disposed of, or | 8 |
| used for any purpose.
| 9 |
| (5) "Laser machine" means a device that is capable of | 10 |
| producing laser
radiation when associated controlled | 11 |
| devices are operated.
| 12 |
| (6) "Laser radiation" means an electromagnetic | 13 |
| radiation emitted from a
laser
system and includes all | 14 |
| reflected radiation, any secondary radiation, or
other | 15 |
| forms of energy resulting from the primary laser beam.
| 16 |
| (7) "Laser system" means a device, machine, equipment, | 17 |
| or other
apparatus that applies a source of energy to a | 18 |
| gas, liquid, crystal, or other
solid substances or | 19 |
| combination thereof in a manner that electromagnetic
| 20 |
| radiations of a relatively uniform wave length are | 21 |
| amplified and emitted in a
cohesive beam capable of | 22 |
| transmitting the energy developed in a manner
that may be | 23 |
| harmful to living tissues, including but not limited to
| 24 |
| electromagnetic waves in the range of visible, infrared, or | 25 |
| ultraviolet light.
Such systems in schools, colleges, | 26 |
| occupational schools, and State
colleges and other State | 27 |
| institutions are also included in the definition of
"laser | 28 |
| systems".
| 29 |
| (8) "Operator" is an individual, group of individuals, | 30 |
| partnership, firm,
corporation, association, or other | 31 |
| entity conducting the business or
activities carried on
| 32 |
| within a laser installation.
| 33 |
| (Source: P.A. 90-209, eff. 7-25-97; 91-188, eff. 7-20-99.)
|
|
|
|
09400SB2639sam001 |
- 64 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (420 ILCS 56/20)
| 2 |
| Sec. 20. Registration requirements. An operator of a laser
| 3 |
| installation, unless otherwise exempted, shall register the | 4 |
| installation with
the Agency
Department before the | 5 |
| installation is placed in operation.
The
registration shall be | 6 |
| filed annually on a form prescribed by the Agency
Department .
| 7 |
| If any change occurs in a laser installation, the
change or | 8 |
| changes shall be registered with the Agency
Department within
| 9 |
| 30
days. If registering a change in each source of laser | 10 |
| radiation or the
type or
strength of each source of radiation | 11 |
| is impractical, the Agency
Department , upon
request of the | 12 |
| operator, may approve blanket
registration of the | 13 |
| installation. Laser installations registered with
the | 14 |
| Department of Nuclear Safety on July 25, 1997 ( the effective | 15 |
| date
of Public Act 90-209)
this Act shall
retain their
| 16 |
| registration.
| 17 |
| Registration of a laser installation shall not imply | 18 |
| approval of
manufacture,
storage, use, handling, operation, or | 19 |
| disposal of laser systems or laser
radiation, but shall serve | 20 |
| merely as notice to the Agency
Department of
the location
and | 21 |
| character of radiation sources in this State.
| 22 |
| (Source: P.A. 90-209, eff. 7-25-97.)
| 23 |
| (420 ILCS 56/22)
| 24 |
| Sec. 22. State regulation of federal entities. The Agency
| 25 |
| Department
is authorized to regulate laser installations | 26 |
| operated by federal
entities (or their contractors) if the | 27 |
| federal entities agree to be regulated
by the State or the | 28 |
| regulation is otherwise allowed under federal law. The
Agency
| 29 |
| Department may, by rule, establish fees to support the
| 30 |
| regulation.
| 31 |
| (Source: P.A. 91-188, eff. 7-20-99.)
| 32 |
| (420 ILCS 56/25)
|
|
|
|
09400SB2639sam001 |
- 65 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| Sec. 25. Exemptions. The registration requirements of this | 2 |
| Act shall not
apply to the following:
| 3 |
| (1) a laser system that is not considered to be an | 4 |
| acute hazard to the
skin and eyes from direct radiation as | 5 |
| determined by the FDA classification
scheme established in | 6 |
| 21 C.F.R. Section 1040.10.
| 7 |
| (2) a laser system being transported on railroad cars, | 8 |
| motor vehicles,
aircraft, or vessels in conformity with | 9 |
| rules adopted by an agency having
jurisdiction over safety | 10 |
| during transportation, or laser systems that have been
| 11 |
| installed on aircraft, munitions, or other equipment that | 12 |
| is subject to the
regulations of, and approved by an | 13 |
| appropriate agency of, the federal
government.
| 14 |
| (3) a laser system where the hazard to public health, | 15 |
| in the opinion of
the Agency
Department , is absent or | 16 |
| negligible.
| 17 |
| (Source: P.A. 90-209, eff. 7-25-97.)
| 18 |
| (420 ILCS 56/30)
| 19 |
| Sec. 30. Registration fee.
The Agency
Department may | 20 |
| establish by rule a registration fee for
operators of laser
| 21 |
| machines required to register under this Act. The Director may
| 22 |
| by rule
exempt public institutions from the registration fee | 23 |
| requirement.
Registration fees assessed shall be due and | 24 |
| payable within
60 days after the date of billing. If, after 60 | 25 |
| days, the registration fee is
not paid, the Agency
Department | 26 |
| may issue an order directing the
operator of the
installation | 27 |
| to cease use of the laser machines for which the fee is
| 28 |
| outstanding or take other appropriate enforcement action as | 29 |
| provided in Section
36 of the Radiation Protection Act of 1990. | 30 |
| An order issued by the Agency
Department
shall afford the | 31 |
| operator a right to a hearing before the Agency
Department .
A | 32 |
| written request
for a hearing must be served on the Agency
| 33 |
| Department within 10 days of
notice of the
order. If the |
|
|
|
09400SB2639sam001 |
- 66 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| operator fails to file a timely request for a hearing with the
| 2 |
| Agency
Department , the operator shall be deemed to have waived | 3 |
| his or
her right to a
hearing. All moneys received by the | 4 |
| Agency
Department under this Act
shall be
deposited into the | 5 |
| Radiation Protection Fund and are not refundable.
Pursuant to | 6 |
| appropriation, moneys deposited into the Fund may be used by | 7 |
| the
Agency
Department to administer and enforce this Act.
| 8 |
| (Source: P.A. 90-209, eff. 7-25-97.)
| 9 |
| (420 ILCS 56/35)
| 10 |
| Sec. 35. Agency
Department rules. The Agency
Department is
| 11 |
| authorized to
adopt rules for the administration and | 12 |
| enforcement of this Act and to enter
upon, inspect, and
| 13 |
| investigate the
premises and operations of all laser systems of | 14 |
| this State, whether or not
the systems are required to be | 15 |
| registered by this Act. In adopting rules
authorized by this | 16 |
| Section and in exempting certain laser systems from
the | 17 |
| registration requirements of Section 20, the Agency
Department | 18 |
| may
seek advice and consultation from engineers, physicists, | 19 |
| physicians, or other
persons with special knowledge of laser | 20 |
| systems and of the medical and
biological effects of laser | 21 |
| systems.
| 22 |
| (Source: P.A. 90-209, eff. 7-25-97.)
| 23 |
| (420 ILCS 56/40)
| 24 |
| Sec. 40. Reports of accidental injuries. The operator of a | 25 |
| laser
system shall promptly report to the Agency
Department an | 26 |
| accidental
injury to an
individual in the course of use, | 27 |
| handling, operation, manufacture, or discharge
of a laser | 28 |
| system.
| 29 |
| (Source: P.A. 90-209, eff. 7-25-97.)
| 30 |
| (420 ILCS 56/45)
| 31 |
| Sec. 45. Agency
Department authority in case of immediate
|
|
|
|
09400SB2639sam001 |
- 67 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| threat to health. Notwithstanding any other provision of this | 2 |
| Act, whenever
the Agency
Department finds that a condition | 3 |
| exists that constitutes an
immediate
threat to the public | 4 |
| health or safety, the Agency
Department is
authorized to do all
| 5 |
| of the following:
| 6 |
| (a) Enter onto public or private property and take | 7 |
| possession of or
require
the immediate cessation of use of | 8 |
| laser systems that pose an immediate threat
to health or | 9 |
| safety.
| 10 |
| (b) Enter an order for abatement of a violation of a | 11 |
| provision of this
Act or a rule adopted or an order issued | 12 |
| under this Act that
requires immediate action to protect | 13 |
| the public health or safety. The order
shall recite the | 14 |
| existence of the immediate threat and the findings of the
| 15 |
| Agency
Department pertaining to the threat. The order shall | 16 |
| direct a
response that
the Agency
Department determines | 17 |
| appropriate under the circumstances,
including but
not | 18 |
| limited to all of the following:
| 19 |
| (1) Discontinuance of the violation.
| 20 |
| (2) Rendering the laser system inoperable.
| 21 |
| (3) Impounding of a laser system possessed by a | 22 |
| person engaging in the
violation.
| 23 |
| Such order shall be effective immediately but shall | 24 |
| include notice of the
time and place of a public hearing | 25 |
| before the Agency
Department to be
held within 30
days of | 26 |
| the date of the order to assure the justification of the | 27 |
| order. On
the basis of the public hearing, the Agency
| 28 |
| Department shall continue
its order in
effect,
revoke it, | 29 |
| or modify it. Any party affected by an order of the Agency
| 30 |
| Department
shall
have the right to waive the public hearing | 31 |
| proceedings.
| 32 |
| (c) Direct the Attorney General to obtain an injunction | 33 |
| against a person
responsible for causing or allowing the | 34 |
| continuance of the immediate threat to
health or safety.
|
|
|
|
09400SB2639sam001 |
- 68 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (Source: P.A. 90-209, eff. 7-25-97.)
| 2 |
| (420 ILCS 56/50)
| 3 |
| Sec. 50. Public nuisance; injunctive
relief. The | 4 |
| conducting of any business or the carrying on of activities | 5 |
| within
a laser installation without registering a laser | 6 |
| installation or without
complying
with the
provisions of this | 7 |
| Act relating to the laser installation is declared to be
| 8 |
| inimical
to
the public welfare and public safety and to | 9 |
| constitute a public nuisance. It
is the
duty of the Attorney | 10 |
| General, upon the request of the Agency
Department , to bring
an | 11 |
| action in the name of the People of the State of Illinois to | 12 |
| enjoin an
operator from unlawfully engaging in the business or | 13 |
| activity conducted
within the laser installation until the | 14 |
| operator of the installation complies
with
the
provisions of | 15 |
| this Act. This injunctive remedy shall be in addition to, and
| 16 |
| not in lieu of, any criminal penalty provided in this Act.
| 17 |
| (Source: P.A. 90-209, eff. 7-25-97.)
| 18 |
| (420 ILCS 56/60)
| 19 |
| Sec. 60. Illinois Administrative Procedure Act. The | 20 |
| provisions of
the Illinois Administrative Procedure Act are | 21 |
| hereby expressly
adopted and shall apply to all administrative | 22 |
| rules and procedures of the
Agency
Department of Nuclear Safety | 23 |
| under this Act, except that Section
5 of the
Illinois | 24 |
| Administrative Procedure Act relating to procedures for | 25 |
| rulemaking
does not apply to the adoption of any rule required | 26 |
| by federal law in
connection with which the Agency
Department | 27 |
| is precluded from
exercising any
discretion.
| 28 |
| (Source: P.A. 90-209, eff. 7-25-97.)
| 29 |
| (420 ILCS 56/65)
| 30 |
| Sec. 65. Administrative Review Law. All final | 31 |
| administrative decisions of
the Department of Nuclear Safety or |
|
|
|
09400SB2639sam001 |
- 69 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| its successor agency, the Illinois
Emergency Management | 2 |
| Agency, under this Act shall be subject to judicial
review | 3 |
| under
the provisions of
the Administrative Review Law
and its | 4 |
| rules. The term "administrative
decision" is defined as in | 5 |
| Section 3-101 of the Code of Civil Procedure.
| 6 |
| (Source: P.A. 90-209, eff. 7-25-97.)
| 7 |
| Section 50. The Boiler and Pressure Vessel Safety Act is | 8 |
| amended by
changing Sections 2a and 2b as follows:
| 9 |
| (430 ILCS 75/2a) (from Ch. 111 1/2, par. 3202a)
| 10 |
| Sec. 2a. Nuclear facilities. Notwithstanding any other | 11 |
| provision to
the contrary, the Illinois Emergency Management | 12 |
| Agency
Department
of Nuclear Safety shall have sole | 13 |
| jurisdiction over all boilers and pressure
vessels contained | 14 |
| within or upon or in connection with any nuclear facility
| 15 |
| within this State. The Agency
Department of Nuclear Safety | 16 |
| shall have
the same
authority and shall have and exercise the | 17 |
| same powers and duties in relation
to those boilers and | 18 |
| pressure vessels under this Act as the Board
or the
State Fire | 19 |
| Marshal have and exercise in relation to all boilers
and | 20 |
| pressure vessels in this State that are not included in this
| 21 |
| Section.
Notwithstanding any other provision to the contrary, | 22 |
| the Agency
Department of
Nuclear Safety shall establish by rule | 23 |
| the types and frequency of
inspections of boilers and pressure | 24 |
| vessels contained within or upon or in
connection with any | 25 |
| nuclear facility. The rules may provide that multiple
boilers | 26 |
| and pressure vessels in a nuclear power system shall be covered | 27 |
| by
a single inspection certificate. The Agency
Department of | 28 |
| Nuclear
Safety may
enter into such agreements with the Board or | 29 |
| the State Fire Marshal as are
necessary to carry out its duties | 30 |
| under this Act. The agreements may
provide that the Agency
| 31 |
| Department of Nuclear Safety shall accept and
recognize
Special | 32 |
| Inspector Commissions issued by the State Fire Marshal.
|
|
|
|
09400SB2639sam001 |
- 70 - |
LRB094 14573 RSP 55418 a |
|
| 1 |
| (Source: P.A. 86-901; 87-1169.)
| 2 |
| (430 ILCS 75/2b) (from Ch. 111 1/2, par. 3202b)
| 3 |
| Sec. 2b. In addition to its other powers, the Illinois | 4 |
| Emergency
Management Agency
Department of Nuclear
Safety is | 5 |
| authorized to enter into agreements with the United States
| 6 |
| Nuclear Regulatory Commission for the establishment of a | 7 |
| coordinated and
comprehensive program to minimize the risks | 8 |
| posed by boilers, pressure
vessels, and related components | 9 |
| contained within or upon or in connection
with any nuclear | 10 |
| facility within this State. The program may provide for
such | 11 |
| inspections of nuclear facilities within the State as may be | 12 |
| agreed
upon and for inspections within and outside the State of | 13 |
| Illinois of
boilers and pressure vessels to be installed in any | 14 |
| nuclear facility within
this State.
| 15 |
| (Source: P.A. 86-901.)
| 16 |
| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.".
|
|