Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

420 ILCS 20/10.3

(420 ILCS 20/10.3) (from Ch. 111 1/2, par. 241-10.3)

Sec. 10.3.

Site characterization; license application; adjudicatory
hearing; exclusivity.

(a) If the contractor chosen under Sections 5 and 10, following characterization, determines that the
proposed site is appropriate for the development of a
regional disposal facility, the
contractor shall submit
to the Agency an application for a license to
construct and operate the facility at the selected site.

(b) If the contractor determines, following or at any time during
characterization of a site, that the
proposed site is not appropriate for the development of a regional disposal facility, the Agency
 may require the contractor to propose an additional site from the locations identified under the site selection process
established under subsection (c-5) of Section 10.2. The new proposed site shall
be the
subject of public notice, distribution, and public meeting conducted by the Agency
 under the procedures set forth in subsections (f) and (g) of
Section
10.2
of this Act.  The contractor selected by the Agency shall propose
additional sites and the Agency shall conduct additional public meetings
until the contractor has determined, following characterization, that the site
is appropriate for the development of the regional disposal facility.  Upon the
selection of a proposed site under this subsection, the contractor shall
submit to the Agency an application for a license to construct and operate
a regional disposal facility at the selected site.

(c) The Agency shall review the license application filed pursuant to
Section 8 and subsections (a) and (b) of this Section in accordance
with its rules and the agreement between the State of Illinois and the
Nuclear Regulatory Commission under Section 274 of the Atomic Energy Act.
If the Agency determines that the license should be issued, the Agency
 shall publish in the State newspaper a notice of intent to issue
the license.  Objections to issuance of the license may be filed within 90
days of publication of the notice.  Upon receipt of objections, the
Director shall appoint a hearing officer who shall conduct an adjudicatory
hearing on the objections.  The burden of proof at the hearing shall be on
the person filing the objections.  Upon completion of the hearing, the
hearing officer shall recommend to the Director whether the license should
be issued.  The decision of the Director to issue or deny the
license may be appealed under Section 18.

(d) The procedures, criteria, terms, and conditions set forth in this Act,
and in the rules adopted under this Act, for the treatment,
storage, and disposal of low-level radioactive waste and for the siting,
licensure, design, construction, maintenance, operation, closure,
decommissioning, and post-closure care of the regional disposal facility shall
be the exclusive procedures, criteria, terms, and conditions for
those matters.

(Source: P.A. 100-146, eff. 1-1-18.)