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90_SB0431sam002
LRB9001060DPmbam03
1 AMENDMENT TO SENATE BILL 431
2 AMENDMENT NO. . Amend Senate Bill 431, AS AMENDED,
3 in the title and the introductory clause to Section 5, by
4 replacing "Section 10.2", each time it appears, with
5 "Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 10.2, 10.3, 11, 12.1,
6 13, and 14"; and
7 by replacing everything after the introductory clause to
8 Section 5 with the following:
9 "(420 ILCS 20/2) (from Ch. 111 1/2, par. 241-2)
10 Sec. 2. (a) The General Assembly finds:
11 (1) that a considerable volume of low-level
12 radioactive wastes are produced in this State with even
13 greater volumes to be produced in the future;
14 (2) that such radioactive wastes pose a significant
15 risk to the public health, safety and welfare of the
16 people of Illinois; and
17 (3) that it is the obligation of the State of
18 Illinois to its citizens to provide for the safe
19 management of the low-level radioactive wastes produced
20 within its borders.
21 (b) The Department of Nuclear Safety has attained
22 federal agreement state status and thereby has assumed
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1 regulatory authority over low-level radioactive waste from
2 the United States Nuclear Regulatory Commission under Section
3 274b of the Atomic Energy Act of 1954 (42 U.S.C. 2014). It is
4 the purpose of this Act to establish a comprehensive program
5 for the storage, treatment, and disposal of low-level
6 radioactive wastes in Illinois. It is the intent of the
7 General Assembly that the program provide for the management
8 of these wastes in the safest manner possible and in a manner
9 that creates the least risk to human health and the
10 environment of Illinois and that the program encourage to the
11 fullest extent possible the use of environmentally sound
12 waste management practices alternative to land disposal
13 including waste recycling, compaction, incineration and other
14 methods to reduce the amount of wastes produced, and to
15 ensure public participation in all phases of the development
16 of this radioactive waste management program. It is also the
17 intent of the General Assembly that the Department of Nuclear
18 Safety pursue the attainment of agreement state status for
19 the assumption of regulatory authority from the U.S. Nuclear
20 Regulatory Commission under Section 274b of the Atomic Energy
21 Act of 1954 (42 U.S.C. 2014).
22 (Source: P.A. 87-336; 87-1166.)
23 (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
24 Sec. 3. Definitions.
25 (a) "Broker" means any person who takes possession of
26 low-level waste for purposes of consolidation and shipment.
27 (b) "Compact" means the Central Midwest Interstate
28 Low-Level Radioactive Waste Compact.
29 (c) "Decommissioning" means the measures taken at the
30 end of a facility's operating life to assure the continued
31 protection of the public from any residual radioactivity or
32 other potential hazards present at a facility.
33 (d) "Department" means the Department of Nuclear Safety.
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1 (e) "Director" means the Director of the Department of
2 Nuclear Safety.
3 (f) "Disposal" means the isolation of waste from the
4 biosphere in a permanent facility designed for that purpose.
5 (g) "Facility" means a parcel of land or site, together
6 with structures, equipment and improvements on or appurtenant
7 to the land or site, which is used or is being developed for
8 the treatment, storage or disposal of low-level radioactive
9 waste. "Facility" does not include lands, sites, structures
10 or equipment used by a generator in the generation of
11 low-level radioactive wastes.
12 (h) "Generator" means any person who produces or
13 possesses low-level radioactive waste in the course of or
14 incident to manufacturing, power generation, processing,
15 medical diagnosis and treatment, research, education or other
16 activity.
17 (i) "Hazardous waste" means a waste, or combination of
18 wastes, which because of its quantity, concentration, or
19 physical, chemical, or infectious characteristics may cause
20 or significantly contribute to an increase in mortality or an
21 increase in serious, irreversible, or incapacitating
22 reversible, illness; or pose a substantial present or
23 potential hazard to human health or the environment when
24 improperly treated, stored, transported, or disposed of, or
25 otherwise managed, and which has been identified, by
26 characteristics or listing, as hazardous under Section 3001
27 of the Resource Conservation and Recovery Act of 1976, P.L.
28 94-580 or under regulations of the Pollution Control Board.
29 (j) "High-level radioactive waste" means:
30 (1) the highly radioactive material resulting from
31 the reprocessing of spent nuclear fuel including liquid
32 waste produced directly in reprocessing and any solid
33 material derived from the liquid waste that contains
34 fission products in sufficient concentrations; and
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1 (2) the highly radioactive material that the
2 Nuclear Regulatory Commission has determined, on the
3 effective date of this Amendatory Act of 1988, to be
4 high-level radioactive waste requiring permanent
5 isolation.
6 (k) "Low-level radioactive waste" or "waste" means
7 radioactive waste not classified as high-level radioactive
8 waste, transuranic waste, spent nuclear fuel or byproduct
9 material as defined in Section 11e(2) of the Atomic Energy
10 Act of 1954 (42 U.S.C. 2014).
11 (l) "Mixed waste" means waste that is both "hazardous
12 waste" and "low-level radioactive waste" as defined in this
13 Act. (m) "Person" means an individual, corporation,
14 business enterprise or other legal entity either public or
15 private and any legal successor, representative, agent or
16 agency of that individual, corporation, business enterprise,
17 or legal entity.
18 (n) "Post-closure care" means the continued monitoring
19 of the regional disposal facility after closure for the
20 purposes of detecting a need for maintenance, ensuring
21 environmental safety, and determining compliance with
22 applicable licensure and regulatory requirements, and
23 includes undertaking any remedial actions necessary to
24 protect public health and the environment from radioactive
25 releases from the facility.
26 (o) "Regional disposal facility" or "disposal facility"
27 means the facility established by the State of Illinois under
28 this Act for disposal away from the point of generation of
29 waste generated in the region of the Compact.
30 (p) "Release" means any spilling, leaking, pumping,
31 pouring, emitting, emptying, discharging, injecting,
32 escaping, leaching, dumping or disposing into the environment
33 of low-level radioactive waste.
34 (q) "Remedial action" means those actions taken in the
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1 event of a release or threatened release of low-level
2 radioactive waste into the environment, to prevent or
3 minimize the release of the waste so that it does not migrate
4 to cause substantial danger to present or future public
5 health or welfare or the environment. The term includes, but
6 is not limited to, actions at the location of the release
7 such as storage, confinement, perimeter protection using
8 dikes, trenches or ditches, clay cover, neutralization,
9 cleanup of released low-level radioactive wastes, recycling
10 or reuse, dredging or excavations, repair or replacement of
11 leaking containers, collection of leachate and runoff, onsite
12 treatment or incineration, provision of alternative water
13 supplies and any monitoring reasonably required to assure
14 that these actions protect human health and the environment.
15 (q-5) "Scientific Surveys" means, collectively, the
16 State Geological Survey Division and the State Water Survey
17 Division of the Department of Natural Resources.
18 (r) "Shallow land burial" means a land disposal facility
19 in which radioactive waste is disposed of in or within the
20 upper 30 meters of the earth's surface. However, this
21 definition shall not include an enclosed, engineered,
22 structurally re-enforced and solidified bunker that extends
23 below the earth's surface.
24 (s) "Storage" means the temporary holding of waste for
25 treatment or disposal for a period determined by Department
26 regulations.
27 (t) "Treatment" means any method, technique or process,
28 including storage for radioactive decay, designed to change
29 the physical, chemical or biological characteristics or
30 composition of any waste in order to render the waste safer
31 for transport, storage or disposal, amenable to recovery,
32 convertible to another usable material or reduced in volume.
33 (u) "Waste management" means the storage,
34 transportation, treatment or disposal of waste.
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1 (Source: P.A. 85-1133; 86-1044; 86-1050; 87-1166; 87-1244.)
2 (420 ILCS 20/4) (from Ch. 111 1/2, par. 241-4)
3 Sec. 4. Generator and broker registration.
4 (a) All generators and brokers of any amount of
5 low-level radioactive waste in Illinois shall register with
6 the Department of Nuclear Safety. Existing generators shall
7 register within 180 days of the effective date of this Act
8 and new Generators shall register within 60 days of the
9 commencement of generating any low-level radioactive wastes.
10 Brokers shall register within 180 days of the effective date
11 of this amendatory Act of 1986. New brokers shall register
12 within 60 days of taking possession of any low-level
13 radioactive waste. Such registration shall be on a form
14 developed by the Department and shall contain the name,
15 address and officers of the generator or broker, information
16 on the types and amounts of wastes produced or possessed and
17 any other information required by the Department.
18 (b) All registered generators and brokers of any amount
19 of low-level radioactive waste in Illinois shall file an
20 annual report with the Department. The annual report for
21 generators shall contain information on the types and
22 quantities of low-level wastes produced in the previous year
23 and expected to be produced in the future, the methods used
24 to manage these wastes, the technological feasibility,
25 economic reasonableness and environmental soundness of
26 alternative treatment, storage and disposal methods and any
27 other information required by the Department. The annual
28 report for brokers shall contain information on the types and
29 quantities of low-level radioactive wastes received and
30 shipped, identification of the generators from whom such
31 wastes were received, and the destination of shipments of
32 such wastes.
33 (c) All registration forms and annual reports required
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1 to be filed with the Department shall be made available to
2 the public for inspection and copying.
3 (Source: P.A. 84-1406.)
4 (420 ILCS 20/5) (from Ch. 111 1/2, par. 241-5)
5 Sec. 5. Requirements for disposal facility contractors;
6 operating agreements.
7 (a) The Department shall promulgate rules and
8 regulations establishing standards applicable to the
9 selection of a contractor or contractors for the design,
10 development, construction, and operation of a low-level
11 radioactive waste disposal facility away from the point of
12 generation necessary to protect human health and the
13 environment. The regulations shall establish, but need not
14 be limited to, the following:
15 (1) The number of contractors to design, develop,
16 and operate a low-level radioactive waste disposal
17 facility;
18 (2) Requirements and standards relating to the
19 financial integrity of the firm;
20 (3) Requirements and standards relating to the
21 experience and performance history of the firm in the
22 design, development, construction and operation of
23 low-level radioactive waste disposal facilities; and
24 (4) Requirements and standards for the
25 qualifications of the employees of the firm.
26 The Department shall hold at least one public hearing
27 before promulgating the regulations.
28 (b) The Department may enter into one or more operating
29 agreements with a qualified operator of the regional disposal
30 facility, which agreement may contain such provisions with
31 respect to the construction, operation, closure, and
32 post-closure maintenance of the regional disposal facility by
33 the operator as the Department shall determine, including,
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1 without limitation limits, (i) provisions leasing, or
2 providing for the lease of, the site to the operator and
3 authorizing the operator to construct, own and operate the
4 facility and to transfer the facility to the Department
5 following closure and any additional years of post-closure
6 maintenance that the Department shall determine; (ii)
7 provisions granting exclusive rights to the operator with
8 respect to the disposal of low-level radioactive waste in
9 this State during the term of the operating agreement; (iii)
10 provisions authorizing the operator to impose fees upon all
11 persons using the facility as provided in this Act and
12 providing for the Department to audit the charges of the
13 operator under the operating agreement; and (iv) provisions
14 relating to the obligations of the operator and the
15 Department in the event of any closure of the facility or any
16 termination of the operating agreement.
17 (Source: P.A. 86-894; 87-1166.)
18 (420 ILCS 20/6) (from Ch. 111 1/2, par. 241-6)
19 Sec. 6. Requirements for disposal facility.
20 (a) The Department shall as it deems necessary to
21 protect human health and the environment, promulgate rules
22 and regulations establishing standards applicable to the
23 regional disposal facility facility for disposal of low-level
24 radioactive wastes away from the point of generation
25 necessary to protect human health and the environment. The
26 rules and regulations shall reflect the best available
27 management technologies which are economically reasonable,
28 technologically feasible and environmentally sound for the
29 disposal of the wastes and shall establish, but need not be
30 limited to the establishment of:
31 (1) requirements and performance standards for the
32 design, construction, operation, maintenance and
33 monitoring of the low-level radioactive waste disposal
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1 facility;
2 (2) requirements and standards for the keeping of
3 records and the reporting and retaining of data collected
4 by the contractor selected to operate operator of the
5 disposal facility;
6 (3) requirements and standards for the technical
7 qualifications of the personnel of the contractor
8 selected to develop and operate the disposal facility;
9 (4) requirements and standards for establishing the
10 financial responsibility of the contractor selected to
11 operate operator of the disposal facility;
12 (5) requirements and standards for the emergency
13 closure of the disposal facility; and
14 (6) requirements and standards for the closure,
15 decommissioning and post-closure care, monitoring,
16 maintenance and use of the disposal facility.
17 (b) The regulations shall include provisions requiring
18 that the contractor selected to operate operator of the
19 disposal facility post a performance bond with the Department
20 or show evidence of liability insurance or other means of
21 establishing financial responsibility in an amount sufficient
22 to adequately provide for any necessary remedial actions or
23 liabilities that might be incurred by the operation of the
24 disposal facility during the operating period and during a
25 reasonable period of post-closure care.
26 (c) The regulations adopted for the requirements and
27 performance standards of a disposal facility shall not
28 provide for the shallow land burial of low-level radioactive
29 wastes.
30 (d) The Department shall hold at least one public
31 hearing before adopting rules under this Section promulgating
32 the regulations.
33 (e) All rules adopted and regulations promulgated under
34 this Section shall be at least as stringent as those
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1 promulgated by the U.S. Nuclear Regulatory Commission under
2 the Atomic Energy Act of 1954 (42 U.S.C. 2014) and any other
3 applicable federal laws.
4 (f) (1) The State of Illinois shall have no liability to
5 any person or entity by reason of a failure, delay, or
6 cessation in the operation of the disposal facility
7 operation, if the failure is due to failure of the facility
8 or the facility operator in complying with the provisions of
9 this Act or regulations promulgated under this Act.
10 (2) In the event of a failure, delay, or cessation of
11 facility operations due to the arbitrary act, or refusal to
12 act, of the State of Illinois, or any subdivision or
13 instrumentality thereof, which act or failure to act is not
14 related to or issuing from a failure of the facility or the
15 facility operator to comply with the provisions of this Act
16 or a regulation promulgated under this Act, the owner of the
17 facility shall have a cause of action against the State for
18 damages. The damages shall be limited to the amounts paid or
19 debts incurred by the owner in respect to the construction
20 and operation of the facility, and not recovered through the
21 fee schedule provided for in Section 13 of this Act. Failure,
22 delay, or cessation in operating which is due to failure of
23 the owner or operator to comply with any law, rule, or
24 regulation of the federal government, the Central Midwest
25 Interstate Low-Level Radioactive Waste Commission, the State
26 of Illinois, or any subdivision or instrumentality thereof,
27 regardless of when enacted or promulgated, which the owner or
28 operator could have complied with through the exercise of
29 reasonable diligence and at reasonable cost, shall not
30 constitute action solely of the State of Illinois or any
31 potential subdivision or instrumentality thereof for purposes
32 of this Section.
33 (3) Any generator that is a public utility within the
34 meaning of the Public Utilities Act which has recovered from
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1 its customers any costs, when the costs are recoverable as
2 damages under subsection (2) of this Section, shall not by
3 reason of the recovery be precluded from maintaining an
4 action under subsection (f) (2) of this Section. The public
5 utility shall promptly refund to its customers any damages so
6 recovered.
7 (Source: P.A. 86-894; 87-1166.)
8 (420 ILCS 20/7) (from Ch. 111 1/2, par. 241-7)
9 Sec. 7. Requirements for waste treatment. The Department
10 shall promulgate rules and regulations establishing standards
11 applicable to the treatment of low-level radioactive wastes
12 disposed of in any facility in Illinois, necessary to protect
13 human health and the environment. Such rules and regulations
14 shall reflect the best available treatment technologies that
15 which are economically reasonable, technologically feasible
16 and environmentally sound for reducing the quantity and
17 radioactive quality of such wastes prior to land burial and
18 shall establish, but need not be limited to, requirements
19 respecting:
20 (1) the form in which low-level radioactive wastes may
21 be disposed;
22 (2) the use of treatment technologies for recycling,
23 compacting, solidifying or otherwise treating low-level
24 radioactive wastes prior to disposal; and
25 (3) the use of technologies for the treatment of such
26 wastes to minimize the radioactive characteristics of the
27 waste disposed of or to reduce the tendency of the waste to
28 migrate in geologic and hydrologic formations.
29 The Department shall hold at least one public hearing
30 prior to promulgating such regulations.
31 (Source: P.A. 83-991.)
32 (420 ILCS 20/8) (from Ch. 111 1/2, par. 241-8)
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1 Sec. 8. Requirements for waste facility licensing.
2 (a) No person shall operate any facility for the
3 storage, treatment, or disposal of low-level radioactive
4 wastes away from the point of generation in Illinois without
5 a license granted by the Department of Nuclear Safety.
6 (b) Each application for a license under this Section
7 shall contain such information as may be required by the
8 Department, including, but not limited to, information
9 respecting:
10 (1) estimates of the quantities and types of wastes
11 to be stored, treated or disposed of at the facility;
12 (2) the design specifications and proposed
13 operating procedures of the facility necessary to assure
14 compliance with the rules adopted and regulations
15 promulgated under Sections Section 6 and 7;
16 (3) financial and personnel information necessary
17 to assure the integrity and qualifications of the
18 contractor selected to operate the facility operator;
19 (4) a closure plan to ensure the proper closure,
20 decommissioning, and post-closure monitoring and long
21 term care of the disposal facility; and
22 (5) a contingency plan to establish the procedures
23 to be followed in the event of unanticipated radioactive
24 releases.
25 (c) The Director may issue a license for the
26 construction and operation of a facility authorized by this
27 Act to the contractor selected to construct and operate the
28 regional disposal facility, provided the applicant for the
29 license has complied with applicable provisions of this Act
30 and regulations of the Department. No The license issued by
31 the Director shall not authorize the disposal of mixed waste
32 at any the regional disposal facility. In the event that an
33 applicant or licensee the contractor proposes modifications
34 to a of the disposal facility, or in the event that the
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1 Director determines that modifications are necessary to
2 conform to the requirements of this the Act, the Director may
3 issue any license modifications necessary to protect human
4 health and the environment and may specify the time allowed
5 to complete the modifications.
6 (d) Upon a determination by the Director of substantial
7 noncompliance with any license granted under this Act Section
8 or upon a determination that an emergency exists posing a
9 significant hazard to public health and the environment, the
10 Director may revoke a the license issued under this Act.
11 Before revoking any license, the Director shall serve notice
12 upon the alleged violator setting forth the Sections of this
13 Act, or the rules or regulations adopted under this Act, that
14 which are alleged to have been violated. The Director shall
15 hold at least one public hearing not later sooner than 30
16 days following the notice.
17 (e) No person shall operate and the Director shall not
18 issue any license under this Section to operate any disposal
19 facility for the shallow land burial of low-level radioactive
20 wastes in Illinois.
21 (f) (Blank) Nothing in this Section shall relieve the
22 contractor selected to construct and operate the regional
23 disposal facility from securing any necessary zoning approval
24 from the unit of government having zoning jurisdiction over
25 the proposed facility.
26 (g) Any Notwithstanding subsection (d) of Section 10.3
27 of this Act, a license issued by the Department to operate
28 any regional disposal facility for the disposal of low-level
29 radioactive wastes away from the point of generation shall be
30 revoked as a matter of law to the extent that the license
31 authorizes disposal if:
32 (1) the facility accepts for disposal byproduct
33 material as defined in Section 11e(2) of the Atomic
34 Energy Act of 1954 (42 U.S.C. 2014), high-level
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1 radioactive waste or mixed waste, and
2 (2) (A) if the facility is located more than 1 1/2
3 miles from the boundary of a municipality and, the county
4 in which the facility is located passes an ordinance
5 ordering the license revoked, or
6 (B) if the facility is located within a
7 municipality or within 1 1/2 miles of the boundary of a
8 municipality and, that municipality passes an ordinance
9 ordering the license revoked.
10 (Source: P.A. 87-1166.)
11 (420 ILCS 20/9) (from Ch. 111 1/2, par. 241-9)
12 Sec. 9. Requirements for waste transporters.
13 (a) No person shall transport any low-level radioactive
14 waste to a storage, treatment or disposal facility in
15 Illinois licensed under Section 8 without a permit granted by
16 the Department of Nuclear Safety.
17 (b) No person shall transport any low-level radioactive
18 waste to a storage, treatment or disposal facility licensed
19 under Section 8 without a manifest document. The Department
20 shall develop the form for such manifests and shall
21 promulgate rules and regulations establishing a system of
22 tracking wastes from their point of generation to storage,
23 treatment, and ultimate disposal.
24 (c) Each application for a permit under this Section
25 shall contain any information as may be required under
26 regulations promulgated by the Department, including, but not
27 limited to, information respecting:
28 (1) The estimated quantities and types of wastes to
29 be transported to a facility located in Illinois;
30 (2) The procedures and methods used to monitor and
31 inspect the shipments to ensure that leakage or spills do
32 not occur;
33 (3) The specific routes and timetables according to
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1 which the wastes are to be shipped.
2 (4) The qualifications and training of personnel
3 handling low-level radioactive waste; and
4 (5) The use of interim storage and transshipment
5 facilities.
6 (d) The Director may issue a permit to any applicant who
7 has met and whom he believes will comply with the
8 requirements of the Illinois Hazardous Materials
9 Transportation Act and any other applicable State or federal
10 laws or regulations. In the event that an a permit applicant
11 or permittee proposes modifications of a permit, or in the
12 event that the Director determines that modifications are
13 necessary to conform with the requirements of the Act, the
14 Director may issue any permit modifications necessary to
15 protect human health and the environment and may specify the
16 time allowed to complete the modifications.
17 (e) The Department shall inspect each shipment of
18 low-level radioactive wastes received at the regional
19 disposal facility for compliance with the packaging,
20 placarding and other requirements established by rules and
21 regulations promulgated by the Illinois Department of
22 Transportation under the Illinois Hazardous Materials
23 Transportation Act and any other applicable State or federal
24 regulations. The Department shall notify the Attorney
25 General of any apparent violations for possible prosecution
26 under Sections 11 and 12 of that Act.
27 (Source: P.A. 87-1166.)
28 (420 ILCS 20/10) (from Ch. 111 1/2, par. 241-10)
29 Sec. 10. Disposal facility contractor selection Site
30 studies.
31 (a) The Department, in cooperation with the Illinois
32 Geological and Water Surveys, shall complete a study of the
33 technical considerations relating to the siting of a regional
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1 low-level radioactive waste disposal facility. The study
2 shall include, but need not be limited to, the identification
3 of the geologic and hydrologic conditions best suited for
4 such a facility, the establishment of a data base on the
5 conditions and the location of these media in Illinois.
6 (b) Upon adopting the regulations establishing
7 requirements for waste disposal facilities provided for in
8 Section 6, the Department shall solicit proposals for the
9 selection of one or more contractors to site, design,
10 develop, construct, operate, close, provide post-closure care
11 for, and decommission the disposal design, develop, and
12 operate such a facility. Not later than 6 months after the
13 solicitation of proposals, the Director shall select the
14 applicant who has submitted the overall proposal that which
15 best conforms to with the requirements of this Act and to the
16 rules Section 5 and regulations adopted under this Act.
17 (Source: P.A. 86-1044; 86-1050; 86-1475; 87-1166; 87-1244.)
18 (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
19 Sec. 10.2. Creation of Low-Level Radioactive Waste Task
20 Group; adoption of criteria; selection of site for
21 characterization.
22 (a) There is hereby created the Low-Level Radioactive
23 Waste Task Group consisting of the Directors of the
24 Environmental Protection Agency, the Department of Natural
25 Resources, and the Department of Nuclear Safety (or their
26 designees) and 6 additional members designated by the
27 Governor. The 6 additional members shall:
28 (1) be confirmed by the Senate; and
29 (2) receive compensation of $300 per day for their
30 services on the Task Group unless they are officers or
31 employees of the State, in which case they shall receive
32 no additional compensation.
33 Four of the additional members shall have expertise in
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1 the field of geology, hydrogeology, or hydrology. Of the 2
2 remaining additional members, one shall be a member of the
3 public with experience in environmental matters and one shall
4 have at least 5 years experience in local government. The
5 Directors of the Environmental Protection Agency, the
6 Department of Natural Resources, and the Department of
7 Nuclear Safety (or their designees) shall receive no
8 additional compensation for their service on the Task Group.
9 All members of the Task Group shall be compensated for their
10 expenses. The Governor shall designate the chairman of the
11 Task Group. Upon adoption of the criteria under subsection
12 (b) of this Section, the Directors of the Department of
13 Nuclear Safety and the Environmental Protection Agency shall
14 be replaced on the Task Group by members designated by the
15 Governor and confirmed by the Senate. The members designated
16 to replace the Directors of the Department of Nuclear Safety
17 and the Environmental Protection Agency shall have such
18 expertise as the Governor may determine. The members of the
19 Task Group shall be members until they resign, are replaced
20 by the Governor, or the Task Group is abolished. Except as
21 provided in this Act, the Task Group shall be subject to the
22 Open Meetings Act and the Illinois Administrative Procedure
23 Act. Any action required to be taken by the Task Group under
24 this Act shall be taken by a majority vote of its members.
25 (b) To protect the public health, safety and welfare,
26 the Task Group shall develop proposed criteria for selection
27 of a site for a regional disposal facility facility for the
28 disposal of low-level radioactive waste away from the point
29 of generation. Principal criteria shall relate to the
30 geographic, geologic, seismologic, tectonic, hydrologic, and
31 other scientific conditions best suited for a regional
32 low-level radioactive waste disposal facility. Supplemental
33 criteria may relate to land use (including (i) the location
34 of existing underground mines and (ii) the exclusion of State
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1 parks, State conservation areas, and other State owned lands
2 identified by the Task Group), economics, transportation,
3 meteorology, and any other matter identified by the Task
4 Group as relating to desirable conditions for a regional
5 low-level radioactive waste disposal facility. All of the
6 criteria shall be as specific as possible.
7 The chairman of the Task Group shall publish a notice of
8 availability of the proposed criteria in the State newspaper,
9 make copies of the proposed criteria available without charge
10 to the public, and hold public hearings to receive comments
11 on the proposed criteria. Written comments on the proposed
12 criteria may be submitted to the chairman of the Task Group
13 within a time period to be determined by the Task Group.
14 Upon completion of the review of timely submitted comments on
15 the proposed criteria, the Task Group shall adopt criteria
16 for selection of a site for a regional disposal facility
17 facility for the disposal of low-level radioactive waste away
18 from the point of generation. Adoption of the criteria is
19 not subject to the Illinois Administrative Procedure Act.
20 The chairman of the Task Group shall provide copies of the
21 criteria to the Governor, the President and Minority Leader
22 of the Senate, the Speaker and Minority Leader of the House,
23 and all county boards in the State of Illinois and shall make
24 copies of the criteria available without charge to the
25 public.
26 (c) Upon adoption of the criteria, the Director of
27 Natural Resources shall direct the Scientific Illinois State
28 Geological and Water Surveys to screen the State of Illinois
29 and identify at least 10 locations, each of at least 640
30 acres. Within 6 months after the adoption of the criteria
31 under subsection (b) of this Section, the Scientific Surveys
32 shall (i) complete a statewide screening of the State
33 producing maps showing the application of each of the
34 individual criterion and composite maps showing areas of the
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1 State, that appear likely to satisfy all of the criteria;
2 (ii) evaluate all land volunteered as a potential site for a
3 regional disposal facility meet the criteria. In addition to
4 screening the State of Illinois, the Illinois State
5 Geological and Water Surveys shall also evaluate any location
6 of at least 640 acres that is volunteered by a land owner or
7 unit of local government to determine whether any of the
8 volunteered land location appears likely to satisfy meet the
9 criteria; (iii) document. the results of the screening and
10 volunteer site evaluations in a written report and submit the
11 report to the chairman of the Task Group and to the Director;
12 and (iv) transmit to the Task Group and to the Department, in
13 a form specified by the Task Group and the Department, all
14 information and documents assembled by the Scientific Surveys
15 in performing the obligations of the Scientific Surveys under
16 this Act.
17 (c-3) Within 24 months after the submittal of the report
18 and documents by the Scientific Surveys under subsection (c)
19 of this Section, the Department, in consultation with the
20 Task Group, generators, and any interested counties and
21 municipalities, shall prepare a report regarding, at a
22 minimum, the impact and ramifications, if any, of the
23 following factors and circumstances on the siting, design,
24 licensure, development, construction, operation, closure, and
25 post-closure care of a regional disposal disposal facility:
26 (1) the federal, state, and regional programs for
27 the siting, development, and operation of disposal
28 facilities for low-level radioactive wastes and the
29 nature, extent, and likelihood of any legislative or
30 administrative changes to those programs;
31 (2) the impacts of restrictions and surcharges on
32 disposal of low-level radioactive waste at commercial
33 disposal facilities outside the State of Illinois;
34 (3) the current and most reliable projections
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1 regarding the costs of the siting, design, development,
2 construction, operation, closure, decommissioning, and
3 post-closure care of a regional disposal facility;
4 (4) the current and most reliable estimates of the
5 total volume of low-level radioactive waste that will be
6 disposed at a regional disposal facility in Illinois and
7 the projected annual volume amounts;
8 (5) the nature and extent of the available, if any,
9 storage and disposal facilities outside the region of the
10 Compact for storage and disposal of low-level radioactive
11 waste generated from within the region of the Compact;
12 and
13 (6) the development and implementation of a
14 voluntary site selection process in which land may be
15 volunteered for the regional disposal facility jointly by
16 landowners and (i) the municipality in which the land is
17 located, (ii) every municipality within 1 1/2 miles of
18 the land if the land is not within a municipality, or
19 (iii) the county or counties in which the land is located
20 if the land is not within a municipality and not within 1
21 1/2 miles of a municipality. The Director state-wide
22 screening and evaluation of volunteered locations shall
23 be published in a report that shall be submitted to the
24 chairman of the Task Group. The chairman of the Task
25 Group shall provide copies of the report to the Governor,
26 the President and Minority Leader of the Senate, and the
27 Speaker and Minority Leader of the House. The Director
28 shall also publish a notice of availability of the report
29 in the State newspaper and, all of the county boards in
30 the State of Illinois, and each city, village, and
31 incorporated town within a 5 mile radius of each location
32 identified in the report and shall make copies of the
33 report available without charge to the public.
34 (c-5) Following submittal of the report pursuant to
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1 subsection (c-3) of this Section, the Department shall adopt
2 rules establishing a site selection process for the regional
3 disposal facility. The site selection process established by
4 rule under this subsection shall require the contractor
5 selected by the Department pursuant to Sections 5 and 10 of
6 this Act to propose one site to the Task Group for approval
7 under subsections (d) through (i) of this Section and shall
8 also, at a minimum, require the following:
9 (1) A comprehensive and open process under which
10 the land for sites recommended and proposed by the
11 contractor under subsection (e) of this Section shall be
12 volunteered lands as provided in this Section. Land may
13 be volunteered for the regional disposal facility jointly
14 by landowners and (i) the municipality in which the land
15 is located, (ii) every municipality with 1 1/2 miles of
16 the land if the land is not within a municipality, or
17 (iii) the county or counties in which the land is located
18 if the land is not within a municipality and not within 1
19 1/2 miles of a municipality.
20 (2) Utilization of the State screening and
21 volunteer site evaluation report prepared by the
22 Scientific Surveys under subsection (c) of this Section
23 for the purpose of determining whether proposed sites
24 appear likely to satisfy the site selection criteria.
25 (3) Coordination of the site selection process with
26 the projected annual and total volume of low-level
27 radioactive waste to be disposed at the regional disposal
28 facility as identified in the report prepared under
29 subsection (c-3) of this Section.
30 (4) No proposed site shall be selected as the site
31 for the regional disposal facility unless it satisfies
32 the site selection criteria established by the Task Group
33 under subsection (b) of this Section.
34 (d) The contractor selected by the Department under
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1 Sections 5 and 10 of this Act Upon publication of the report
2 under subsection (c), the contractor selected by the
3 Department of Nuclear Safety under Section 5 to develop the
4 low-level radioactive waste disposal facility shall conduct
5 evaluations, including possible intrusive field
6 investigations, of the sites and locations identified under
7 the site selection process established under subsection (c-5)
8 of this Section locations that have been identified in the
9 report under subsection (c) as likely to satisfy the criteria
10 adopted under subsection (b).
11 (e) Upon completion of the site evaluations under
12 subsection (d), the contractor selected by the Department
13 shall identify one site shall select 3 sites of at least 640
14 acres that appears appear promising for development of the
15 regional disposal facility in compliance with the site
16 selection criteria established by the Task Group pursuant to
17 subsection (b) of this Section. for a low-level radioactive
18 waste disposal facility. In selection of the 3 sites, the
19 contractor shall give preference to sites in locations that
20 were volunteered, unless those sites are clearly less
21 promising for the development of a low-level radioactive
22 waste disposal facility than sites in other locations
23 evaluated. The contractor may conduct any other evaluation
24 of the site identified 3 sites selected under this subsection
25 that the contractor deems appropriate to determine whether
26 the site satisfies sites satisfy the criteria adopted under
27 subsection (b) of this Section. Upon completion of the such
28 evaluations under this subsection, the contractor shall
29 prepare and submit to the Department a report on the
30 evaluation of the identified site, including a recommendation
31 as to whether the identified site should be further
32 considered for selection as a site for the regional disposal
33 facility. A site so recommended for further consideration is
34 hereinafter referred to as a "proposed site" a report on all
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1 of the evaluations of the 3 sites.
2 (f) A report completed under subsection (e) of this
3 Section that recommends a proposed site shall also be
4 submitted The contractor shall submit the report prepared
5 under subsection (e) to the chairman of the Task Group.
6 Within 45 days following receipt of a report, the chairman of
7 the Task Group shall publish in newspapers of general
8 circulation in the county or counties in which a proposed
9 site is the 3 sites are located a notice of the availability
10 of the report and a notice of a public meeting. The chairman
11 of the Task Group shall also, within the 45-day period,
12 provide copies of the report and the notice to the Governor,
13 the President and Minority Leader of the Senate, the Speaker
14 and Minority Leader of the House, members of the General
15 Assembly from the legislative district or districts in which
16 a proposed each site is located, the county board or boards
17 of the county or counties containing a proposed site the
18 sites, and each city, village, and incorporated town within a
19 5 mile radius of a proposed site. The chairman of the Task
20 Group each site and shall make copies of the report available
21 without charge to the public.
22 (g) The chairman of the Task Group shall convene at
23 least one public meeting on each proposed site public
24 meetings on the sites evaluated in the report under
25 subsection (e). At the public meeting or meetings, the
26 contractor selected by the Department shall present the
27 results of the evaluation evaluations of the proposed site
28 sites. The Task Group shall receive such other written and
29 oral information about the proposed site sites that may be
30 submitted at the meeting. Following the meeting meetings,
31 the Task Group shall decide whether which of the proposed
32 site sites satisfies the criteria adopted under subsection
33 (b) of this Section. If the Task Group determines that the
34 proposed site one or more of the sites does not satisfy the
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1 criteria, the Department may require a contractor to submit a
2 further report pursuant to subsection (e) of this Section
3 proposing another site from the locations identified under
4 the site selection process established pursuant to subsection
5 (c-5) of this Section contractor shall propose additional
6 sites from the locations determined in the report under
7 subsection (c) as likely to satisfy the criteria. Following
8 notice and distribution of the report as required by
9 subsection (f) of this Section, the new proposed site which
10 shall be the subject of a public meeting under this
11 subsection. The contractor selected by the Department shall
12 propose additional sites, and the Task Group shall conduct
13 additional public meetings, until the Task Group has approved
14 a proposed site recommended by a contractor 3 sites as
15 satisfying the criteria adopted under subsection (b) of this
16 Section. In the event that the Task Group does not approve
17 any of the proposed sites recommended by the contractor under
18 this subsection as satisfying the criteria adopted under
19 subsection (b) of this Section, the Task Group shall
20 immediately suspend all work and the Department shall prepare
21 a study containing, at a minimum, the Department's
22 recommendations regarding the viability of the site selection
23 process established pursuant to this Act, based on the
24 factors and circumstances specified in items (1) through (6)
25 of subsection (c-3) of Section 10.2. The Department shall
26 provide copies of the study to the Governor, the President
27 and Minority Leader of the Senate, and the Speaker and
28 Minority Leader of the House. The Department shall also
29 publish a notice of availability of the study in the State
30 newspaper and make copies of the report available without
31 charge to the public.
32 (h) (Blank) Following the Task Group's decision that 3
33 sites satisfy the criteria adopted under subsection (b), the
34 contractor shall select one of the sites for characterization
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1 and notify the Task Group of the site selected. Upon receipt
2 of the notification of a site for characterization, the Task
3 Group shall be abolished and its records transferred to the
4 Department of Nuclear Safety.
5 (i) Upon the Task Group's decision that a proposed site
6 satisfies the criteria adopted under subsection (b) of this
7 Section, the contractor shall proceed with the
8 characterization and licensure of the proposed site under
9 Section 10.3 of this Act and the Task Group shall immediately
10 suspend all work, except as otherwise specifically required
11 in subsection (b) of Section 10.3 of this Act.
12 (Source: P.A. 88-458; 89-445, eff. 2-7-96; 89-479, eff.
13 6-18-96.)
14 (420 ILCS 20/10.3) (from Ch. 111 1/2, par. 241-10.3)
15 Sec. 10.3. Site characterization; license application;
16 adjudicatory hearing; exclusivity.
17 (a) If the contractor, following characterization,
18 determines that the proposed site is The contractor shall
19 characterize the site selected under subsection (h) of
20 Section 10.2. Unless the contractor determines, based on
21 site characterization, that the site is not appropriate for
22 the development of a regional low-level radioactive waste
23 disposal facility, (i) the contractor shall submit to the
24 Department of Nuclear Safety an application for a license to
25 construct and operate the facility at the selected site and
26 (ii) the Task Group shall be abolished and its records
27 transferred to the Department a facility at the site for the
28 disposal of low-level radioactive waste away from the point
29 of generation.
30 (b) If the contractor determines, following or at any
31 time during characterization of the site proposed under
32 Section 10.2 of this Act, that the proposed based on site
33 characterization, that the site is not appropriate for the
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1 development of a regional low-level radioactive waste
2 disposal facility, the Department may require the contractor
3 to propose an additional site to the Task Group from the
4 locations identified under the site selection process
5 established under subsection (c-5) of Section 10.2 that is
6 likely to satisfy the criteria adopted under subsection (b)
7 of Section 10.2. The new proposed site shall be the subject
8 of public notice, distribution, and public meeting conducted
9 by the Task Group under the procedures set forth in
10 subsections (f) and (g) of Section 10.2 of this Act. The
11 contractor selected by the Department shall propose
12 additional sites and the Task Group shall conduct additional
13 public meetings until (i) the Task Group has approved a
14 proposed site recommended by a contractor as satisfying the
15 criteria adopted under subsection (b) of Section 10.2, and
16 (ii) the contractor has determined, following
17 characterization, that the site is appropriate for the
18 development of the regional disposal facility. Upon the
19 selection of a proposed site under this subsection, (i) the
20 contractor shall submit to the Department an application for
21 a license to construct and operate a regional disposal
22 facility at the selected site and (ii) the Task Group shall
23 be abolished and its records transferred to the Department
24 contractor shall characterize another of the sites approved
25 by the Task Group under subsection (g) of Section 10.2, as
26 provided in subsection (a).
27 (c) The Department shall review the license application
28 filed pursuant to Section 8 and subsections (a) and (b) of
29 this Section in accordance with its rules and the agreement
30 between the State of Illinois and the Nuclear Regulatory
31 Commission under Section 274 of the Atomic Energy Act. If
32 the Department determines that the license should be issued,
33 the Department shall publish in the State newspaper a notice
34 of intent to issue the license. Objections to issuance of
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1 the license may be filed within 90 days of publication of the
2 notice. Upon receipt of objections, the Director shall
3 appoint a hearing officer who shall conduct an adjudicatory
4 hearing on the objections. The burden of proof at the
5 hearing shall be on the person filing the objections. Upon
6 completion of the hearing, the hearing officer shall
7 recommend to the Director whether the license should be
8 issued. The decision of the Director to issue or deny the
9 license may be appealed under Section 18.
10 (d) The procedures, criteria, terms, and conditions set
11 forth in this Act, and in the rules adopted under this Act,
12 for the treatment, storage, and disposal of low-level
13 radioactive waste and for the siting, licensure, design,
14 construction, maintenance, operation, closure,
15 decommissioning, and post-closure care of the regional
16 disposal facility shall be the exclusive procedures,
17 criteria, terms, and conditions for those matters.
18 (Source: P.A. 87-1267; 88-458.)
19 (420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11)
20 Sec. 11. Requirements for interim waste management;
21 Report by the Department.
22 (a) (Blank) The Department shall initiate the procedures
23 necessary to provide for the temporary management of
24 low-level radioactive wastes after January 1, 1986 until a
25 permanent disposal facility is operational. Not later than
26 September 1, 1985, the Department shall develop an Interim
27 Low-Level Radioactive Waste Management Plan to provide for
28 the temporary handling of such wastes. Such plan shall be
29 adopted only after adequate public participation has been
30 provided for and at least one public hearing has been held.
31 The Interim Plan may provide for waste disposal in another
32 State or for storage in Illinois at a temporary site or for
33 any other feasible and environmentally sound means of
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1 managing such wastes.
2 (b) No later than March 31, 1993, the Department shall
3 deliver to the Governor, the President and Minority Leader of
4 the Senate, and the Speaker and Minority Leader of the House
5 a report on the impacts of restrictions and surcharges on
6 disposal of low-level radioactive waste at commercial
7 disposal facilities outside the State of Illinois. The
8 report shall include the Department's recommendations with
9 regard to the need for additional interim storage capacity
10 and with regard to a new process for the timely and cost
11 effective establishment of a permanent disposal facility.
12 (c) At any time necessary, as determined by the
13 Director, to ensure proper planning and policy responses
14 relating to the continued availability of facilities for the
15 storage and disposal of low-level radioactive wastes, the
16 Department shall deliver to the Governor, the President and
17 Minority Leader of the Senate, and the Speaker and Minority
18 Leader of the House a report updating the report submitted
19 pursuant to subsection (b) of this Section. The updated
20 report required by this subsection shall include, at a
21 minimum, an updated analysis of the impacts of restrictions
22 and surcharges on disposal of low-level radioactive waste at
23 commercial disposal facilities outside the State of Illinois
24 and the Department's analysis of, and recommendations
25 regarding, the feasibility of a centralized interim storage
26 facility for low-level radioactive waste generated within the
27 region of the Compact and the nature and extent, if any, of
28 the generator's or any other entity's responsibility for or
29 title to the waste to be stored at a centralized interim
30 storage facility after the waste has been delivered to that
31 facility.
32 (Source: P.A. 87-1244.)
33 (420 ILCS 20/12.1) (from Ch. 111 1/2, par. 241-12.1)
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1 Sec. 12.1. Grants; community agreements.
2 (a) The Director may make grants to the county or
3 counties containing a site proposed locations evaluated under
4 subsection (d) of Section 10.2 and may make grants to any
5 municipality containing or within 1.5 miles of a proposed
6 site the locations. The grants may be used for any lawful
7 purposes, including technical reviews of the proposed site
8 locations and participation in the meeting held under
9 subsection (g) of Section 10.2.
10 (b) The Director may make grants to the county or
11 counties containing a site to be characterized under Section
12 10.3 a grant to the county containing the site selected by
13 the contractor as the site for characterization under
14 subsection (h) of Section 10.2 and may make a grant to any
15 municipality containing or within 1.5 miles of any such the
16 site. The grants may be used for any lawful purposes,
17 including review of site characterization work, participation
18 in an adjudicatory hearing under subsection (c) of Section
19 10.3, and negotiation of an agreement under subsection (c) of
20 this Section.
21 (c) The Director may enter into one or more a community
22 agreements agreement with the county or counties containing a
23 site for which a license application has been submitted under
24 Section 10.3. The Director may also enter into one or more a
25 community agreements agreement with any municipality
26 containing or within 1.5 miles of a site for which a license
27 application has been submitted under Section 10.3. An The
28 agreement under this subsection may include, but need not be
29 limited to, matters of technical and socioeconomic concern
30 regarding the development, operation, closure, and
31 post-closure care of the disposal facility to be constructed
32 at the site.
33 (Source: P.A. 87-1267.)
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1 (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
2 Sec. 13. Waste fees.
3 (a) The Department shall collect a fee from each
4 generator of low-level radioactive wastes in this State.
5 Except as provided in subsections (b), (c), and (d), the
6 amount of the fee shall be $50.00 or the following amount,
7 whichever is greater:
8 (1) $1 per cubic foot of waste shipped for storage,
9 treatment or disposal if storage of the waste for
10 shipment occurred prior to September 7, 1984;
11 (2) $2 per cubic foot of waste stored for shipment
12 if storage of the waste occurs on or after September 7,
13 1984, but prior to October 1, 1985;
14 (3) $3 per cubic foot of waste stored for shipment
15 if storage of the waste occurs on or after October 1,
16 1985;
17 (4) $2 per cubic foot of waste shipped for storage,
18 treatment or disposal if storage of the waste for
19 shipment occurs on or after September 7, 1984 but prior
20 to October 1, 1985, provided that no fee has been
21 collected previously for storage of the waste.
22 (5) $3 per cubic foot of waste shipped for storage,
23 treatment or disposal if storage of the waste for
24 shipment occurs on or after October 1, 1985, provided
25 that no fees have been collected previously for storage
26 of the waste.
27 Such fees shall be collected annually or as determined by
28 the Department and shall be deposited in the low-level
29 radioactive waste funds as provided in Section 14 of this
30 Act. Notwithstanding any other provision of this Act, no fee
31 under this Section shall be collected from a generator for
32 waste generated incident to manufacturing before December 31,
33 1980, and shipped for disposal outside of this State before
34 December 31, 1992, as part of a site reclamation leading to
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1 license termination.
2 (b) Each nuclear power reactor in this State for which
3 an operating license has been issued by the Nuclear
4 Regulatory Commission shall not be subject to the fee
5 required by subsection (a) with respect to (1) waste stored
6 for shipment if storage of the waste occurs on or after
7 January 1, 1986; and (2) waste shipped for storage, treatment
8 or disposal if storage of the waste for shipment occurs on or
9 after January 1, 1986. In lieu of the fee, each reactor
10 shall be required to pay an annual fee of $90,000 for the
11 treatment, storage and disposal of low-level radioactive
12 waste. Beginning with State fiscal year 1986 and through
13 State fiscal year 1997, fees shall be due and payable on
14 January 1st of each year, beginning January 1, 1986. For
15 State fiscal year 1998 and all subsequent State fiscal years,
16 fees shall be due and payable on July 1 of each fiscal year.
17 The fee due on July 1, 1997 shall be payable on that date, or
18 within 10 days after the effective date of this amendatory
19 Act of 1997, whichever is later.
20 After September 15, 1987, for each nuclear power reactor
21 for which an operating license is issued after January 1, the
22 owner of each such reactor shall be required to pay for the
23 year in which the operating license is issued a prorated fee
24 equal to $246.57 multiplied by the number of days in the year
25 during which the nuclear power reactor will be licensed. The
26 prorated fee shall be due and payable 30 days after the
27 operating license is issued.
28 (c) In each of State fiscal years 1988, 1989 and 1990,
29 in addition to the fee imposed in subsections (b) and (d),
30 the owner of each nuclear power reactor in this State for
31 which an operating license has been issued by the Nuclear
32 Regulatory Commission shall pay a fee of $408,000. If an
33 operating license is issued during one of those 3 fiscal
34 years, the owner shall pay a prorated amount of the fee equal
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1 to $1,117.80 multiplied by the number of days in the fiscal
2 year during which the nuclear power reactor was licensed.
3 The fee shall be due and payable as follows: in fiscal
4 year 1988, $204,000 shall be paid on October 1, 1987 and
5 $102,000 shall be paid on each of January 1, 1988 and April
6 1, 1988; in fiscal year 1989, $102,000 shall be paid on each
7 of July 1, 1988, October 1, 1988, January 1, 1989 and April
8 1, 1989; and in fiscal year 1990, $102,000 shall be paid on
9 each of July 1, 1989, October 1, 1989, January 1, 1990 and
10 April 1, 1990. If the operating license is issued during one
11 of the 3 fiscal years, the owner shall be subject to those
12 payment dates, and their corresponding amounts, on which the
13 owner possesses an operating license and, on June 30 of the
14 fiscal year of issuance of the license, whatever amount of
15 the prorated fee remains outstanding.
16 All of the amounts collected by the Department under this
17 subsection (c) shall be deposited into the Low-Level
18 Radioactive Waste Facility Development and Operation Fund
19 created under subsection (a) of Section 14 of this Act and
20 expended, subject to appropriation, for the purposes provided
21 in that subsection Section 10 of this Act.
22 (d) In addition to the fees imposed in subsections (b)
23 and (c), the owners of nuclear power reactors in this State
24 for which operating licenses have been issued by the Nuclear
25 Regulatory Commission shall pay the following fees for each
26 such nuclear power reactor: for State fiscal year 1989,
27 $325,000 payable on October 1, 1988, $162,500 payable on
28 January 1, 1989, and $162,500 payable on April 1, 1989; for
29 State fiscal year 1990, $162,500 payable on July 1, $300,000
30 payable on October 1, $300,000 payable on January 1 and
31 $300,000 payable on April 1; for State fiscal year 1991,
32 either (1) $150,000 payable on July 1, $650,000 payable on
33 September 1, $675,000 payable on January 1, and $275,000
34 payable on April 1, or (2) $150,000 on July 1, $130,000 on
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1 the first day of each month from August through December,
2 $225,000 on the first day of each month from January through
3 March and $92,000 on the first day of each month from April
4 through June; and for State fiscal year 1992, $260,000
5 payable on July 1, $900,000 payable on September 1, $300,000
6 payable on October 1, $150,000 payable on January 1, and
7 $100,000 payable on April 1; for State fiscal year 1993,
8 $100,000 payable on July 1, $230,000 payable on August 1 or
9 within 10 days after July 31, 1992, whichever is later, and
10 $355,000 payable on October 1; for State fiscal year 1994,
11 $100,000 payable on July 1, $75,000 payable on October 1 and
12 $75,000 payable on April 1; for State fiscal year 1995,
13 $100,000 payable on July 1, $75,000 payable on October 1, and
14 $75,000 payable on April 1, and for State fiscal year 1996,
15 $100,000 payable on July 1, $75,000 payable on October 1, and
16 $75,000 payable on April 1; for State fiscal year 1998 and
17 subsequent fiscal years, $30,000, payable on July 1 of each
18 fiscal year. The fee due on July 1, 1997 shall be payable on
19 that date or within 10 days after the effective date of this
20 amendatory Act of 1997, whichever is later. If the payments
21 under this subsection for fiscal year 1993 due on January 1,
22 1993, or on April 1, 1993, or both, were due before the
23 effective date of this amendatory Act of the 87th General
24 Assembly, then those payments are waived and need not be
25 made.
26 All of the amounts collected by the Department under this
27 subsection (d) shall be deposited into the Low-Level
28 Radioactive Waste Facility Development and Operation Fund
29 created pursuant to subsection (a) of Section 14 of this Act
30 and expended, subject to appropriation, for the purposes
31 provided in that subsection.
32 All payments made by licensees under this subsection (d)
33 for fiscal year 1992 that are not appropriated and obligated
34 by the Department above $1,750,000 per reactor in fiscal year
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1 1992, shall be credited to the licensees making the payments
2 to reduce the per reactor fees required under this subsection
3 (d) for fiscal year 1993.
4 (e) The Department shall promulgate rules and
5 regulations establishing standards for the collection of the
6 fees authorized by this Section. The regulations shall
7 include, but need not be limited to:
8 (1) the records necessary to identify the amounts
9 of low-level radioactive wastes produced;
10 (2) the form and submission of reports to accompany
11 the payment of fees to the Department; and
12 (3) the time and manner of payment of fees to the
13 Department, which payments shall not be more frequent
14 than quarterly.
15 (f) Any operating agreement entered into under
16 subsection (b) of Section 5 of this Act between the
17 Department and any disposal facility contractor operator
18 shall, subject to the provisions of this Act, authorize the
19 contractor operator to impose upon and collect from persons
20 using the disposal facility fees, designed and set at levels
21 reasonably calculated to produce sufficient revenues (1) to
22 pay all costs and expenses properly incurred or accrued in
23 connection with, and properly allocated to, performance of
24 the contractor's operator's obligations under the operating
25 agreement, and (2) to provide reasonable and appropriate
26 compensation or profit to the contractor operator under the
27 operating agreement. For purposes of this subsection (f),
28 the term "costs and expenses" may include, without
29 limitation, (i) direct and indirect costs and expenses for
30 labor, services, equipment, materials, insurance and other
31 risk management costs, interest and other financing charges,
32 and taxes or fees in lieu of taxes; (ii) payments to or
33 required by the United States, the State of Illinois or any
34 agency or department thereof, the Central Midwest Interstate
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1 Low-Level Radioactive Waste Compact Commission, and subject
2 to the provisions of this Act Section, any unit of local
3 government; (iii) amortization of capitalized costs with
4 respect to the disposal facility and its development,
5 including any capitalized reserves; and (iv) payments with
6 respect to reserves, accounts, escrows or trust funds
7 required by law or otherwise provided for under the operating
8 agreement. and (v) amounts required under subsection (g)(3)
9 below. For purposes of this subsection (b), any compensation
10 agreed to by the Department under an operating agreement with
11 the operator shall be conclusively presumed to be reasonable
12 and appropriate compensation. If the revenues received in
13 any calendar year are not sufficient to provide for and pay
14 all properly allocated costs and expenses properly incurred
15 or accrued during the year and to provide the compensation
16 provided for in the operating agreement, the fees established
17 for the following calendar year shall be increased by an
18 amount or amounts reasonably calculated to recover any such
19 previously unrecovered costs and expenses and provide such
20 compensation. If the revenues received during any calendar
21 year exceed the sum of all properly allocated costs and
22 expenses properly incurred or accrued during the year plus
23 the compensation provided for in the operation agreement,
24 then the excess revenues shall either be rebated to the
25 facility users or be applied to pay properly allocated costs
26 and expenses incurred or accrued and to provide the required
27 compensation during the following calendar year shall be
28 reduced by an amount or amounts reasonably calculated to
29 reflect the availability of the previously accumulated excess
30 revenues, as the Department shall determine.
31 (g) (Blank). (1) Not later than 6 months before the date
32 a facility for which a license is required under Section
33 8 of this Act is expected first to be available for waste
34 storage, treatment or disposal, the operator of the
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1 facility shall file with the Department an estimate of
2 the revenues required to pay its costs and expenses and
3 to provide the operator its reasonable and appropriate
4 compensation or profit for the first 12 months of
5 operation, all as reasonably estimated by the operator or
6 as determined under any applicable operating agreement
7 executed under subsection (g) of Section 10 of this Act,
8 together with a proposed fee schedule for users of the
9 facility meeting the criteria set forth in paragraph (2)
10 of subsection (g) of this Section. The operation shall
11 mail a copy of its filing to each person who has paid any
12 fees provided for by subsections (a), (b), (c), and (d)
13 of Section 13 of this Act in the preceding 12 months.
14 (2) Not later than 3 months before the date any
15 facility is expected first to be available for waste
16 storage, treatment or disposal, the Department by rule
17 promulgated in accordance with the Illinois
18 Administrative Procedure Act shall provide for an initial
19 fee schedule for users of that facility. The fee schedule
20 shall fairly and equitable allocate among all users of
21 that facility the total revenues required by the operator
22 under subsection (f) and shall be based on the operator's
23 filing under subsection (g)(1). The fee schedule shall be
24 based upon factors such as volume, activity, physical,
25 chemical and biological form, toxicity and packaging of
26 waste to be received at the facility. The fee schedule
27 shall include surcharges or special fees designed to
28 equitably allocate the added costs attributable to the
29 special hazards of, special handling or treatment
30 required for, or other special features or factors
31 affecting, particular types or classes of waste or waste
32 packages. In addition, the fee schedule may include
33 surcharges, special fees, and penalties designed to
34 discourage delivery to the facility of waste, waste
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1 forms, or waste packages in violation of applicable
2 Department rules and regulations and facility operating
3 procedures. All properly recoverable costs not recovered
4 by a surcharge or special fee shall be recovered by a
5 single uniform fee based on the volume of the waste
6 delivered.
7 (3) Every fee schedule adopted by the Department
8 under this subsection (g) with respect to any disposal
9 facility that was developed in whole or in part through
10 the use of funds collected under subsection (c) of this
11 Section and drawn from Low-Level Radioactive Waste
12 Facility Development and Operation Fund established by
13 Section 14 of this Act shall include provisions for the
14 repayment of such funds used for the development of the
15 facility, together with reasonable interest determined by
16 the Department, over a time period not longer than the
17 expected operating life of the facility. The repayment
18 shall be in the form of credits to the generators that
19 originally contributed the funds against facility user
20 fees otherwise due and shall commence in the first full
21 calendar year during which any such facility is open for
22 and is accepting low-level radioactive waste for
23 disposal. The amount of the repayments to be made in any
24 calendar year shall be treated as an operating cost of
25 the facility for that year for the purpose of setting the
26 fees for that year.
27 (4) Every fee schedule with respect to any facility
28 that was developed in whole or in part through the use of
29 funds collected under subsections (a), (b), (c), or (d)
30 of this Section and drawn from the Low-Level Radioactive
31 Waste Facility Development and Operation Fund established
32 by Section 14 of this Act shall also provide surcharges,
33 in such amounts as the Department shall determine, for
34 collecting the amount of funds that would have been paid,
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1 based on actual volume or projected volume of waste, from
2 any facility user that was not subject to or did not make
3 payment of the fees imposed by subsections (a), (b), (c),
4 or (d) of this Section. Such surcharges may be imposed as
5 a one-time access fee.
6 (5) An initial fee schedule provided for under
7 subsection (g)(2) of this Section shall become final when
8 adopted by the Department as a rule in accordance with
9 the Illinois Administrative Procedure Act, provided that,
10 in the interim, the operator shall impose and facility
11 users shall pay fees based upon the fee schedule as first
12 published (or, in the absence of publication, as proposed
13 by the operator under subsection (g)(1) of this Section),
14 which fees shall be subject to adjustment when the final
15 rule becomes effective. Any change in the manner by which
16 the total revenue required by the operator is allocated
17 among the users of the facility shall be made by rule
18 adopted by the Department.
19 (h) (Blank). No later than November 1 of each year which
20 begins 12 months after the adoption of the initial fee
21 schedule provided for in subsection (g) of this Section, the
22 operator shall file with the Department an estimate of the
23 revenues required to pay its costs and expenses and to
24 provide compensation or profit for the next calendar year,
25 all determined in accordance with the provisions of this Act
26 and as required under any applicable operating agreement,
27 together with a fee schedule based on the Department rule
28 then in effect for allocating the total revenues required
29 among the users of the facility. The operator shall file a
30 copy of the estimate and the fee schedule with the Central
31 Midwest Interstate Low-Level Radioactive Waste Commission and
32 any facility user who generated 5 or more percent of the
33 volume of waste delivered to the facility in the previous 12
34 months. The Department shall cause the fee schedule to be
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1 published in the official State newspaper and it shall be
2 effective upon publication.
3 (i) (Blank). The Department shall periodically cause the
4 Auditor General or an independent certified public accounting
5 firm to perform an audit of the costs and expenses incurred
6 or accrued by the operator under the operating agreement.
7 The audit shall be made available for public inspection.
8 (j) (Blank). The operator shall consult at least
9 annually with each waste generator entitled to receive notice
10 of the filing of the fee schedule in order to determine the
11 nature and quantity of waste which that waste generator is
12 expected to deliver to the facility in the succeeding
13 calendar year.
14 (j-5) Prior to commencement of facility operations, the
15 Department shall adopt rules providing for the establishment
16 and collection of fees and charges with respect to the use of
17 the disposal facility as provided in subsection (f) of this
18 Section.
19 (k) The regional disposal facility any facility for
20 which a license is required under Section 8 of this Act shall
21 be subject to ad valorem real estate taxes lawfully imposed
22 by units of local government and school districts with
23 jurisdiction over the facility. No other local government
24 tax, surtax, fee or other charge on activities at the
25 regional disposal facility shall be allowed except as
26 authorized by the Department.
27 (l) The Department shall have the power, in the event
28 that acceptance of waste for disposal at the regional
29 disposal facility is suspended, delayed or interrupted, to
30 impose emergency fees on the generators of low-level
31 radioactive waste. Generators shall pay emergency fees within
32 30 days of receipt of notice of the emergency fees. The
33 Department shall deposit all of the receipts of any fees
34 collected under this subsection Section into the Low-Level
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1 Radioactive Waste Facility Development and Operation Fund
2 created under to subsection (b) of Section 14. Emergency
3 fees may be used to mitigate the impacts of the suspension or
4 interruption of acceptance of waste for disposal. The
5 requirements for rulemaking in the Illinois Administrative
6 Procedure Act shall not apply to the imposition of emergency
7 fees under this subsection.
8 (m) The Department shall promulgate any other rules and
9 regulations as may be necessary to implement this Section.
10 (Source: P.A. 86-894; 86-1050; 87-137; 87-891; 87-1244.)
11 (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
12 Sec. 14. Waste management funds.
13 (a) There is hereby created in the State Treasury a
14 special fund to be known as the "Low-Level Radioactive Waste
15 Facility Development and Operation Fund". Except as
16 otherwise provided in this subsection, the Department shall
17 deposit 80% of all receipts from the fees required under
18 subsections (a) and (b) of Section 13 in the State Treasury
19 to the credit of this Fund. Beginning July 1, 1997, and
20 until December 31 of the year in which the Task Group
21 approves a proposed site under Section 10.3, the Department
22 shall deposit all fees collected under subsections (a) and
23 (b) of Section 13 of this Act into the Fund. Subject to
24 appropriation, the Department is authorized to expend all
25 moneys in the The General Assembly may appropriate monies in
26 the Fund in amounts it deems necessary for:
27 (1) hiring personnel and any other operating and
28 contingent expenses necessary for the proper
29 administration of this Act;
30 (2) contracting with any firm for the purpose of
31 carrying out the purposes of this Act;
32 (3) (blank) grants and scholarships under the
33 Nuclear Safety Education Assistance Act;
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1 (4) hiring personnel, contracting with any person,
2 and meeting any other expenses incurred by the Department
3 in fulfilling its responsibilities under the Radioactive
4 Waste Compact Enforcement Act; and
5 (5) activities under Sections 10, 10.2 and 10.3;
6 (6) payment of fees in lieu of taxes to a local
7 government having within its boundaries a regional
8 permanent disposal facility;
9 (7) payment of grants to counties or municipalities
10 under Section 12.1; and
11 (8) fulfillment of obligations under a community
12 agreement under Section 12.1.
13 In spending monies pursuant to such appropriations, the
14 Department shall to the extent practicable avoid duplicating
15 expenditures made by any firm pursuant to a contract awarded
16 under this Section. On or before March 1, 1989 and on or
17 before October 1 of 1989, 1990, 1991, 1992, and 1993, the
18 Department shall deliver to the Governor, the President and
19 Minority Leader of the Senate, the Speaker and Minority
20 Leader of the House, and each of the generators that have
21 contributed during the preceding State fiscal year to the
22 Low-Level Radioactive Waste Facility Development and
23 Operation Fund a financial statement, certified and verified
24 by the Director, which details all receipts and expenditures
25 from the fund during the preceding State fiscal year;
26 provided that the report due on or before March 1, 1989 shall
27 detail all receipts and expenditures from the fund during the
28 period from July 1, 1988 through January 31, 1989. The
29 financial statements shall identify all sources of income to
30 the fund and all recipients of expenditures from the fund,
31 shall specify the amounts of all the income and expenditures,
32 and shall indicate the amounts of all the income and
33 expenditures, and shall indicate the purpose for all
34 expenditures. The reports issued after the facility site is
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1 selected shall also identify and describe any savings
2 realized by the Department and attributable to
3 characterization of fewer than 4 alternative sites, including
4 but not limited to, savings in grants to local communities,
5 site characterization costs, and costs of performing
6 environmental impact studies.
7 (b) There is hereby created in the State Treasury a
8 special fund to be known as the "Low-Level Radioactive Waste
9 Facility Closure, Post-Closure Care and Compensation Fund".
10 The Department shall deposit 20% of all receipts from the
11 fees required under subsections (a) and (b) of Section 13 of
12 this Act in the State Treasury to the credit of this Fund,
13 except that, pursuant to subsection (a) of Section 14 of this
14 Act, there shall be no such deposit into this Fund between
15 July 1, 1997 and December 31 of the year in which the Task
16 Group approves a proposed site pursuant to Section 10.3 of
17 this Act. All deposits into this Fund shall be held by the
18 State Treasurer separate and apart from all public money or
19 funds of this State. Subject to appropriation, the
20 Department is authorized to expend any moneys in this The
21 General Assembly may appropriate all monies in the Fund in
22 amounts it deems necessary for:
23 (1) decommissioning and other procedures required
24 for the proper closure of the regional disposal facility;
25 (2) monitoring, inspecting, and other procedures
26 required for the proper closure, decommissioning, and
27 post-closure care of the regional disposal facility;
28 (3) taking any remedial actions necessary to
29 protect human health and the environment from releases or
30 threatened releases of wastes from the regional disposal
31 facility;
32 (4) the purchase of facility and third-party
33 liability insurance necessary during the institutional
34 control period of the regional disposal facility;
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1 (5) mitigating the impacts of the suspension or
2 interruption of the acceptance of waste for disposal;
3 (6) compensating any person suffering any damages
4 or losses to a person or property caused by a release
5 from the regional disposal facility as provided for in
6 Section 15; and
7 (7) fulfillment of obligations under a community
8 agreement under Section 12.1.
9 On or before March 1 of each year, the Department shall
10 deliver to the Governor, the President and Minority Leader of
11 the Senate, the Speaker and Minority Leader of the House, and
12 each of the generators that have contributed during the
13 preceding State fiscal year to the Fund a financial
14 statement, certified and verified by the Director, which
15 details all receipts and expenditures from the Fund during
16 the preceding State fiscal year. The financial statements
17 shall identify all sources of income to the Fund and all
18 recipients of expenditures from the Fund, shall specify the
19 amounts of all the income and expenditures, and shall
20 indicate the amounts of all the income and expenditures, and
21 shall indicate the purpose for all expenditures.
22 (c) Monies in the Low-Level Radioactive Waste Facility
23 Closure, Post-Closure Care and Compensation Fund shall be
24 invested by the State Treasurer in the manner required by law
25 of other State monies, provided that any interest accruing as
26 a result of the investment shall accrue to this special Fund.
27 (d) The Department may accept for any of its purposes
28 and functions any donations, grants of money, equipment,
29 supplies, materials, and services from any state or the
30 United States, or from any institution, person, firm or
31 corporation. Any donation or grant of money received after
32 January 1, 1986 shall be deposited in either the Low-Level
33 Radioactive Waste Facility Development and Operation Fund or
34 the Low-Level Radioactive Waste Facility Closure,
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1 Post-Closure Care and Compensation Fund, in accordance with
2 the purpose of the grant.
3 (Source: P.A. 86-894; 86-1044; 86-1050; 87-1166; 87-1244;
4 87-1267.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.".