(420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3) (Text of Section before amendment by P.A. 103-569 ) Sec. 3. Definitions. "Agency" means the Illinois Emergency Management Agency. "Broker" means any person who takes possession of low-level waste for purposes of consolidation and shipment. "Compact" means the Central Midwest Interstate Low-Level Radioactive Waste Compact. "Decommissioning" means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at a facility. "Director" means the Director of the Illinois Emergency Management Agency. "Disposal" means the isolation of waste from the biosphere in a permanent facility designed for that purpose. "Facility" means a parcel of land or site, together with structures, equipment and improvements on or appurtenant to the land or site, which is used or is being developed for the treatment, storage or disposal of low-level radioactive waste. "Facility" does not include lands, sites, structures or equipment used by a generator in the generation of low-level radioactive wastes. "Generator" means any person who produces or possesses low-level radioactive waste in the course of or incident to manufacturing, power generation, processing, medical diagnosis and treatment, research, education or other activity. "Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed, and which has been identified, by characteristics or listing, as hazardous under Section 3001 of the Resource Conservation and Recovery Act of 1976, P.L. 94-580 or under regulations of the Pollution Control Board. "High-level radioactive waste" means: (1) the highly radioactive material resulting from |
| the reprocessing of spent nuclear fuel including liquid waste produced directly in reprocessing and any solid material derived from the liquid waste that contains fission products in sufficient concentrations; and
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(2) the highly radioactive material that the Nuclear
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| Regulatory Commission has determined, on the effective date of this Amendatory Act of 1988, to be high-level radioactive waste requiring permanent isolation.
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"Low-level radioactive waste" or "waste" means radioactive waste not classified as (1) high-level radioactive waste, (2) transuranic waste, (3) spent nuclear fuel, or (4) byproduct material as defined in Sections 11e(2), 11e(3), and 11e(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2014). This definition shall apply notwithstanding any declaration by the federal government, a state, or any regulatory agency that any radioactive material is exempt from any regulatory control.
"Mixed waste" means waste that is both "hazardous waste" and "low-level radioactive waste" as defined in this Act.
"Person" means an individual, corporation, business enterprise or other legal entity either public or private and any legal successor, representative, agent or agency of that individual, corporation, business enterprise, or legal entity.
"Post-closure care" means the continued monitoring of the regional disposal facility after closure for the purposes of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements, and includes undertaking any remedial actions necessary to protect public health and the environment from radioactive releases from the facility.
"Regional disposal facility" or "disposal facility" means the facility established by the State of Illinois under this Act for disposal away from the point of generation of waste generated in the region of the Compact.
"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment of low-level radioactive waste.
"Remedial action" means those actions taken in the event of a release or threatened release of low-level radioactive waste into the environment, to prevent or minimize the release of the waste so that it does not migrate to cause substantial danger to present or future public health or welfare or the environment. The term includes, but is not limited to, actions at the location of the release such as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released low-level radioactive wastes, recycling or reuse, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, onsite treatment or incineration, provision of alternative water supplies and any monitoring reasonably required to assure that these actions protect human health and the environment.
"Scientific Surveys" means, collectively, the Illinois State Geological Survey and the Illinois State Water Survey of the University of Illinois.
"Shallow land burial" means a land disposal facility in which radioactive waste is disposed of in or within the upper 30 meters of the earth's surface. However, this definition shall not include an enclosed, engineered, structurally re-enforced and solidified bunker that extends below the earth's surface.
"Storage" means the temporary holding of waste for treatment or disposal for a period determined by Agency regulations.
"Treatment" means any method, technique or process, including storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to render the waste safer for transport, storage or disposal, amenable to recovery, convertible to another usable material or reduced in volume.
"Waste management" means the storage, transportation, treatment or disposal of waste.
(Source: P.A. 103-306, eff. 7-28-23.)
(Text of Section after amendment by P.A. 103-569 )
Sec. 3. Definitions.
"Agency" or "IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homeland Security, or its successor agency.
"Broker" means any person who takes possession of low-level waste for purposes of consolidation and shipment.
"Compact" means the Central Midwest Interstate Low-Level Radioactive Waste Compact.
"Decommissioning" means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at a facility.
"Director" means the Director of the Agency.
"Disposal" means the isolation of waste from the biosphere in a permanent facility designed for that purpose.
"Facility" means a parcel of land or site, together with structures, equipment and improvements on or appurtenant to the land or site, which is used or is being developed for the treatment, storage or disposal of low-level radioactive waste. "Facility" does not include lands, sites, structures or equipment used by a generator in the generation of low-level radioactive wastes.
"Generator" means any person who produces or possesses low-level radioactive waste in the course of or incident to manufacturing, power generation, processing, medical diagnosis and treatment, research, education or other activity.
"Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed, and which has been identified, by characteristics or listing, as hazardous under Section 3001 of the Resource Conservation and Recovery Act of 1976, P.L. 94-580 or under regulations of the Pollution Control Board.
"High-level radioactive waste" means:
(1) the highly radioactive material resulting from
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| the reprocessing of spent nuclear fuel including liquid waste produced directly in reprocessing and any solid material derived from the liquid waste that contains fission products in sufficient concentrations; and
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(2) the highly radioactive material that the Nuclear
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| Regulatory Commission has determined, on the effective date of this Amendatory Act of 1988, to be high-level radioactive waste requiring permanent isolation.
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"Low-level radioactive waste" or "waste" means radioactive waste not classified as (1) high-level radioactive waste, (2) transuranic waste, (3) spent nuclear fuel, or (4) byproduct material as defined in Sections 11e(2), 11e(3), and 11e(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2014). This definition shall apply notwithstanding any declaration by the federal government, a state, or any regulatory agency that any radioactive material is exempt from any regulatory control.
"Mixed waste" means waste that is both "hazardous waste" and "low-level radioactive waste" as defined in this Act.
"Nuclear facilities" means nuclear power plants, facilities housing nuclear test and research reactors, facilities for the chemical conversion of uranium, and facilities for the storage of spent nuclear fuel or high-level radioactive waste.
"Nuclear power plant" or "nuclear steam-generating facility" means a thermal power plant in which the energy (heat) released by the fissioning of nuclear fuel is used to boil water to produce steam.
"Nuclear power reactor" means an apparatus, other than an atomic weapon, designed or used to sustain nuclear fission in a self-supporting chain reaction.
"Person" means an individual, corporation, business enterprise or other legal entity either public or private and any legal successor, representative, agent or agency of that individual, corporation, business enterprise, or legal entity.
"Post-closure care" means the continued monitoring of the regional disposal facility after closure for the purposes of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements, and includes undertaking any remedial actions necessary to protect public health and the environment from radioactive releases from the facility.
"Regional disposal facility" or "disposal facility" means the facility established by the State of Illinois under this Act for disposal away from the point of generation of waste generated in the region of the Compact.
"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment of low-level radioactive waste.
"Remedial action" means those actions taken in the event of a release or threatened release of low-level radioactive waste into the environment, to prevent or minimize the release of the waste so that it does not migrate to cause substantial danger to present or future public health or welfare or the environment. The term includes, but is not limited to, actions at the location of the release such as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released low-level radioactive wastes, recycling or reuse, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, onsite treatment or incineration, provision of alternative water supplies and any monitoring reasonably required to assure that these actions protect human health and the environment.
"Scientific Surveys" means, collectively, the Illinois State Geological Survey and the Illinois State Water Survey of the University of Illinois.
"Shallow land burial" means a land disposal facility in which radioactive waste is disposed of in or within the upper 30 meters of the earth's surface. However, this definition shall not include an enclosed, engineered, structurally re-enforced and solidified bunker that extends below the earth's surface.
"Small modular reactor" or "SMR" means an advanced nuclear reactor: (1) with a rated nameplate capacity of 300 electrical megawatts or less; and (2) that may be constructed and operated in combination with similar reactors at a single site.
"Storage" means the temporary holding of waste for treatment or disposal for a period determined by Agency regulations.
"Treatment" means any method, technique or process, including storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to render the waste safer for transport, storage or disposal, amenable to recovery, convertible to another usable material or reduced in volume.
"Waste management" means the storage, transportation, treatment or disposal of waste.
(Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24.)
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(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
(Text of Section before amendment by P.A. 103-569 )
Sec. 13. Waste fees.
(a) The Agency shall collect a fee from each generator of low-level
radioactive wastes in this State, except as otherwise provided in this subsection. Except as provided in subsections (b), (c),
and (d), the amount of the fee shall be $50.00 or the following amount,
whichever is greater:
(1) $1 per cubic foot of waste shipped for storage, |
| treatment or disposal if storage of the waste for shipment occurred prior to September 7, 1984;
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(2) $2 per cubic foot of waste stored for shipment if
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| storage of the waste occurs on or after September 7, 1984, but prior to October 1, 1985;
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(3) $3 per cubic foot of waste stored for shipment if
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| storage of the waste occurs on or after October 1, 1985;
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(4) $2 per cubic foot of waste shipped for storage,
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| treatment or disposal if storage of the waste for shipment occurs on or after September 7, 1984 but prior to October 1, 1985, provided that no fee has been collected previously for storage of the waste;
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(5) $3 per cubic foot of waste shipped for storage,
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| treatment or disposal if storage of the waste for shipment occurs on or after October 1, 1985, provided that no fees have been collected previously for storage of the waste.
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Such fees shall be collected annually or as determined by the Agency and
shall be deposited in the low-level radioactive waste funds as provided in
Section 14 of this Act. Notwithstanding any other provision of this Act, no
fee under this
Section shall be collected from a generator for waste generated incident to
manufacturing before December 31, 1980, and shipped for disposal outside
of this State before December 31, 1992, as part of a site reclamation
leading to license termination.
Units of local government are exempt from the fee provisions of this subsection.
(b) Each nuclear power reactor in this State for which an operating
license has been issued by the Nuclear Regulatory Commission shall not be
subject to the fee required by subsection (a) with respect to (1) waste
stored for shipment if storage of the waste occurs on or after January
1, 1986; and (2) waste shipped for storage, treatment or disposal if storage
of the waste for shipment occurs on or after January 1, 1986. In lieu of
the fee, each reactor shall be required to pay an annual fee as provided in
this subsection for the
treatment, storage and disposal of low-level radioactive waste. Beginning
with State fiscal year 1986 and through State fiscal year 1997, fees shall be
due and payable on January 1st of each year.
For State fiscal year 1998 and all subsequent State fiscal years, fees shall
be due and payable on July 1 of each fiscal year. The fee due on July 1,
1997 shall be payable on that date, or within 10 days after the effective date
of this amendatory Act of 1997, whichever is later.
The owner of any nuclear power reactor that has an operating license
issued by the Nuclear Regulatory Commission for any portion of State fiscal
year 1998 shall continue to pay an annual fee of $90,000 for the treatment,
storage, and disposal of low-level radioactive waste through State fiscal year
2002. The fee shall be due and
payable on July 1 of each fiscal year.
The fee due on July 1, 1998 shall be
payable on that date, or within 10 days after the effective date of this
amendatory Act of 1998, whichever is later.
If the balance in the Low-Level Radioactive Waste Facility Development and
Operation Fund falls below $500,000, as of the end of any fiscal year after
fiscal year 2002, the Agency is authorized to assess by rule, after notice
and a hearing, an additional annual fee to be paid by the owners of nuclear
power
reactors for which operating licenses have been issued by the Nuclear
Regulatory Commission, except that no additional annual fee shall be assessed because of the fund balance at the end of fiscal year 2005 or the end of fiscal year 2006. The additional annual fee shall be payable on the date
or dates specified by rule and shall not exceed $30,000 per operating reactor
per year.
(c) In each of State fiscal years 1988, 1989 and 1990, in addition to
the fee imposed in subsections (b) and (d), the owner of each nuclear power
reactor in this State for which an operating license has been issued by the
Nuclear Regulatory Commission shall pay a fee of $408,000. If an
operating license is issued during one of those 3 fiscal years, the owner
shall pay a prorated amount of the fee equal to $1,117.80 multiplied by the
number of days in the fiscal year during which the nuclear power reactor
was licensed.
The fee shall be due and payable as follows: in fiscal year 1988,
$204,000 shall be paid on October 1, 1987 and $102,000 shall be paid on each
of January 1, 1988 and April 1, 1988; in fiscal year 1989, $102,000 shall
be paid on each of July 1, 1988, October 1, 1988, January 1, 1989 and April
1, 1989; and in fiscal year 1990, $102,000 shall be paid on each of July 1,
1989, October 1, 1989, January 1, 1990 and April 1, 1990. If the
operating license is issued during one of the 3 fiscal years, the owner
shall be subject to those payment dates, and their corresponding amounts,
on which the owner possesses an operating license and, on June 30 of the fiscal
year of issuance of the license, whatever amount of the prorated fee remains
outstanding.
All of the amounts collected by the Agency under this subsection (c)
shall be deposited into the Low-Level Radioactive Waste Facility
Development and Operation Fund created under subsection (a) of Section 14 of
this
Act and expended, subject to appropriation, for
the purposes provided in that subsection.
(d) In addition to the fees imposed in subsections (b) and (c), the
owners of nuclear power reactors in this State for which operating licenses
have been issued by the Nuclear Regulatory Commission shall pay the
following fees for each such nuclear power reactor: for State fiscal year
1989, $325,000 payable on October 1, 1988, $162,500 payable on January 1,
1989, and $162,500 payable on April 1, 1989; for State fiscal year 1990,
$162,500 payable on July 1, $300,000 payable on October 1, $300,000 payable
on January 1 and $300,000 payable on April 1; for State fiscal year 1991,
either (1) $150,000 payable on July 1, $650,000 payable on September 1,
$675,000 payable on January 1, and $275,000 payable on April 1, or (2)
$150,000 on July 1, $130,000 on the first day of each month from August
through December, $225,000 on the first day of each month from January
through March and $92,000 on the first day of each month from April through
June; for State fiscal year 1992, $260,000 payable on July 1, $900,000
payable on September 1, $300,000 payable on October 1, $150,000 payable on
January 1, and $100,000 payable on April 1; for State fiscal year 1993,
$100,000 payable on July 1, $230,000 payable on August 1 or within 10 days
after July 31, 1992, whichever is later, and $355,000 payable on October 1; for
State fiscal year 1994, $100,000 payable on July 1, $75,000 payable on October
1 and $75,000 payable on April 1; for State fiscal year 1995, $100,000 payable
on July 1, $75,000 payable on October 1, and $75,000 payable on April 1,
for State fiscal year 1996, $100,000 payable on July 1, $75,000 payable on
October 1, and $75,000 payable on April 1. The owner of any nuclear
power reactor that has an operating license issued by the Nuclear Regulatory
Commission for any portion of State fiscal year 1998 shall pay an annual fee of
$30,000 through State fiscal year 2003.
For State fiscal year 2004 and subsequent fiscal years, the owner of any
nuclear power reactor that has an operating license issued by the Nuclear
Regulatory Commission shall pay an annual fee of $30,000 per reactor, provided
that the fee
shall not apply to a nuclear power reactor with regard to which the owner
notified the Nuclear Regulatory Commission during State fiscal year 1998 that
the nuclear power reactor permanently ceased operations.
The fee shall be due and payable on
July 1 of each fiscal year.
The fee due on July 1, 1998 shall be
payable on that date, or within 10 days after the effective date of this
amendatory Act of 1998, whichever is later.
The fee
due on July 1, 1997 shall be payable on that date or within 10 days after the
effective date of this amendatory Act of 1997, whichever is later. If the
payments under this
subsection for fiscal year 1993 due on January 1, 1993, or on April 1, 1993, or
both, were due before the effective date of this amendatory Act of the 87th
General Assembly, then those payments are waived and need not be made.
All of the amounts collected by the Agency under this subsection (d)
shall be deposited into the Low-Level Radioactive Waste Facility
Development and Operation Fund created pursuant to subsection (a) of Section
14 of this
Act and expended, subject to appropriation, for the purposes provided in that
subsection.
All payments made by licensees under this subsection (d) for fiscal year
1992 that are not appropriated and obligated by the Agency above
$1,750,000 per reactor in fiscal year 1992, shall be credited to the licensees
making the payments to reduce the per reactor fees required under this
subsection (d) for fiscal year 1993.
(e) The Agency shall promulgate rules and regulations establishing
standards for the collection of the fees authorized by this Section. The
regulations shall include, but need not be limited to:
(1) the records necessary to identify the amounts of
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(2) the form and submission of reports to accompany
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| the payment of fees to the Agency; and
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(3) the time and manner of payment of fees to the
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| Agency, which payments shall not be more frequent than quarterly.
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(f) Any operating agreement entered into under subsection (b) of
Section 5 of this Act between the Agency and any disposal facility
contractor
shall, subject to the provisions of this Act, authorize the contractor to
impose upon and collect from persons using the disposal facility fees
designed and
set at levels reasonably calculated to produce sufficient revenues (1) to
pay all costs and expenses properly incurred or accrued in connection
with, and properly allocated to, performance of the contractor's obligations
under the operating agreement, and (2) to provide reasonable and
appropriate compensation or profit to the contractor under the
operating
agreement. For purposes of this subsection (f), the term "costs and expenses"
may include, without limitation, (i) direct and indirect costs and expenses
for labor, services, equipment, materials, insurance and other risk
management costs, interest and other financing charges, and taxes or fees
in lieu of taxes; (ii) payments to or required by the United States, the
State of Illinois or any agency or department thereof, the Central Midwest
Interstate Low-Level Radioactive Waste Compact, and subject
to the
provisions of this Act, any unit of local government; (iii)
amortization of capitalized costs with respect to the disposal facility and
its
development, including any capitalized reserves; and (iv) payments with
respect
to reserves, accounts, escrows or trust funds required by law or otherwise
provided for under the operating agreement.
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) (Blank).
(j-5) Prior to commencement of facility operations, the Agency shall
adopt rules providing for the establishment and collection of fees and charges
with respect to the use of the disposal facility as provided in subsection (f)
of this Section.
(k) The regional disposal facility shall be subject to ad valorem real
estate taxes lawfully imposed by units of local government and school districts
with jurisdiction over the facility. No other local government tax, surtax,
fee or other charge on activities at the regional disposal facility shall be
allowed except as authorized by the Agency.
(l) The Agency shall have the power, in the event that acceptance of
waste for disposal at the regional disposal facility is suspended, delayed
or interrupted, to impose emergency fees on the generators of low-level
radioactive waste. Generators shall pay emergency fees within 30 days of
receipt of notice of the emergency fees. The Department shall deposit all of
the receipts of any fees collected under this subsection into the Low-Level
Radioactive Waste Facility Development and Operation Fund created under
subsection (b) of Section 14. Emergency fees may be used to mitigate the
impacts of the suspension or interruption of acceptance of waste for disposal.
The requirements for rulemaking in the Illinois Administrative Procedure Act
shall not apply to the imposition of emergency fees under this subsection.
(m) The Agency shall promulgate any other rules and regulations as
may be necessary to implement this Section.
(Source: P.A. 100-938, eff. 8-17-18.)
(Text of Section after amendment by P.A. 103-569 )
Sec. 13. Waste fees.
(a) The Agency shall collect a fee from each generator of low-level radioactive wastes in this State, except as otherwise provided in this subsection. Except as provided in subdivision (b)(2) and subsections (c) and (d), the amount of the fee shall be $50.00 or the following amount, whichever is greater:
(1) $1 per cubic foot of waste shipped for storage,
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| treatment or disposal if storage of the waste for shipment occurred prior to September 7, 1984;
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(2) $2 per cubic foot of waste stored for shipment if
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| storage of the waste occurs on or after September 7, 1984, but prior to October 1, 1985;
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(3) $3 per cubic foot of waste stored for shipment if
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| storage of the waste occurs on or after October 1, 1985;
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(4) $2 per cubic foot of waste shipped for storage,
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| treatment or disposal if storage of the waste for shipment occurs on or after September 7, 1984 but prior to October 1, 1985, provided that no fee has been collected previously for storage of the waste;
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(5) $3 per cubic foot of waste shipped for storage,
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| treatment or disposal if storage of the waste for shipment occurs on or after October 1, 1985, provided that no fees have been collected previously for storage of the waste.
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Such fees shall be collected annually or as determined by the Agency and shall be deposited in the low-level radioactive waste funds as provided in Section 14 of this Act. Notwithstanding any other provision of this Act, no fee under this Section shall be collected from a generator for waste generated incident to manufacturing before December 31, 1980, and shipped for disposal outside of this State before December 31, 1992, as part of a site reclamation leading to license termination.
Units of local government are exempt from the fee provisions of this subsection.
(b)(1) Small modular reactors shall pay low-level radioactive waste fees in accordance with subsection (a).
(2) Each nuclear power reactor in this State for which an operating license has been issued by the Nuclear Regulatory Commission shall not be subject to the fee required by subsection (a) with respect to (1) waste stored for shipment if storage of the waste occurs on or after January 1, 1986; and (2) waste shipped for storage, treatment or disposal if storage of the waste for shipment occurs on or after January 1, 1986. In lieu of the fee, each reactor shall be required to pay an annual fee as provided in this subsection for the treatment, storage and disposal of low-level radioactive waste. Beginning with State fiscal year 1986 and through State fiscal year 1997, fees shall be due and payable on January 1st of each year. For State fiscal year 1998 and all subsequent State fiscal years, fees shall be due and payable on July 1 of each fiscal year. The fee due on July 1, 1997 shall be payable on that date, or within 10 days after the effective date of this amendatory Act of 1997, whichever is later.
The owner of any nuclear power reactor that has an operating license issued by the Nuclear Regulatory Commission for any portion of State fiscal year 1998 shall continue to pay an annual fee of $90,000 for the treatment, storage, and disposal of low-level radioactive waste through State fiscal year 2002. The fee shall be due and payable on July 1 of each fiscal year. The fee due on July 1, 1998 shall be payable on that date, or within 10 days after the effective date of this amendatory Act of 1998, whichever is later. If the balance in the Low-Level Radioactive Waste Facility Development and Operation Fund falls below $500,000, as of the end of any fiscal year after fiscal year 2002, the Agency is authorized to assess by rule, after notice and a hearing, an additional annual fee to be paid by the owners of nuclear power reactors for which operating licenses have been issued by the Nuclear Regulatory Commission, except that no additional annual fee shall be assessed because of the fund balance at the end of fiscal year 2005 or the end of fiscal year 2006. The additional annual fee shall be payable on the date or dates specified by rule and shall not exceed $30,000 per operating reactor per year.
(c) In each of State fiscal years 1988, 1989 and 1990, in addition to the fee imposed in subsections (b) and (d), the owner of each nuclear power reactor in this State for which an operating license has been issued by the Nuclear Regulatory Commission shall pay a fee of $408,000. If an operating license is issued during one of those 3 fiscal years, the owner shall pay a prorated amount of the fee equal to $1,117.80 multiplied by the number of days in the fiscal year during which the nuclear power reactor was licensed.
The fee shall be due and payable as follows: in fiscal year 1988, $204,000 shall be paid on October 1, 1987 and $102,000 shall be paid on each of January 1, 1988 and April 1, 1988; in fiscal year 1989, $102,000 shall be paid on each of July 1, 1988, October 1, 1988, January 1, 1989 and April 1, 1989; and in fiscal year 1990, $102,000 shall be paid on each of July 1, 1989, October 1, 1989, January 1, 1990 and April 1, 1990. If the operating license is issued during one of the 3 fiscal years, the owner shall be subject to those payment dates, and their corresponding amounts, on which the owner possesses an operating license and, on June 30 of the fiscal year of issuance of the license, whatever amount of the prorated fee remains outstanding.
All of the amounts collected by the Agency under this subsection (c) shall be deposited into the Low-Level Radioactive Waste Facility Development and Operation Fund created under subsection (a) of Section 14 of this Act and expended, subject to appropriation, for the purposes provided in that subsection.
(d) In addition to the fees imposed in subsections (b) and (c), the owners of nuclear power reactors in this State for which operating licenses have been issued by the Nuclear Regulatory Commission shall pay the following fees for each such nuclear power reactor: for State fiscal year 1989, $325,000 payable on October 1, 1988, $162,500 payable on January 1, 1989, and $162,500 payable on April 1, 1989; for State fiscal year 1990, $162,500 payable on July 1, $300,000 payable on October 1, $300,000 payable on January 1 and $300,000 payable on April 1; for State fiscal year 1991, either (1) $150,000 payable on July 1, $650,000 payable on September 1, $675,000 payable on January 1, and $275,000 payable on April 1, or (2) $150,000 on July 1, $130,000 on the first day of each month from August through December, $225,000 on the first day of each month from January through March and $92,000 on the first day of each month from April through June; for State fiscal year 1992, $260,000 payable on July 1, $900,000 payable on September 1, $300,000 payable on October 1, $150,000 payable on January 1, and $100,000 payable on April 1; for State fiscal year 1993, $100,000 payable on July 1, $230,000 payable on August 1 or within 10 days after July 31, 1992, whichever is later, and $355,000 payable on October 1; for State fiscal year 1994, $100,000 payable on July 1, $75,000 payable on October 1 and $75,000 payable on April 1; for State fiscal year 1995, $100,000 payable on July 1, $75,000 payable on October 1, and $75,000 payable on April 1, for State fiscal year 1996, $100,000 payable on July 1, $75,000 payable on October 1, and $75,000 payable on April 1. The owner of any nuclear power reactor that has an operating license issued by the Nuclear Regulatory Commission for any portion of State fiscal year 1998 shall pay an annual fee of $30,000 through State fiscal year 2003. For State fiscal year 2004 and subsequent fiscal years, the owner of any nuclear power reactor that has an operating license issued by the Nuclear Regulatory Commission shall pay an annual fee of $30,000 per reactor, provided that the fee shall not apply to a nuclear power reactor with regard to which the owner notified the Nuclear Regulatory Commission during State fiscal year 1998 that the nuclear power reactor permanently ceased operations. The fee shall be due and payable on July 1 of each fiscal year. The fee due on July 1, 1998 shall be payable on that date, or within 10 days after the effective date of this amendatory Act of 1998, whichever is later. The fee due on July 1, 1997 shall be payable on that date or within 10 days after the effective date of this amendatory Act of 1997, whichever is later. If the payments under this subsection for fiscal year 1993 due on January 1, 1993, or on April 1, 1993, or both, were due before the effective date of this amendatory Act of the 87th General Assembly, then those payments are waived and need not be made.
All of the amounts collected by the Agency under this subsection (d) shall be deposited into the Low-Level Radioactive Waste Facility Development and Operation Fund created pursuant to subsection (a) of Section 14 of this Act and expended, subject to appropriation, for the purposes provided in that subsection.
All payments made by licensees under this subsection (d) for fiscal year 1992 that are not appropriated and obligated by the Agency above $1,750,000 per reactor in fiscal year 1992, shall be credited to the licensees making the payments to reduce the per reactor fees required under this subsection (d) for fiscal year 1993.
(e) The Agency shall promulgate rules and regulations establishing standards for the collection of the fees authorized by this Section. The regulations shall include, but need not be limited to:
(1) the records necessary to identify the amounts of
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| low-level radioactive wastes produced;
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(2) the form and submission of reports to accompany
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| the payment of fees to the Agency; and
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(3) the time and manner of payment of fees to the
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| Agency, which payments shall not be more frequent than quarterly.
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(f) Any operating agreement entered into under subsection (b) of Section 5 of this Act between the Agency and any disposal facility contractor shall, subject to the provisions of this Act, authorize the contractor to impose upon and collect from persons using the disposal facility fees designed and set at levels reasonably calculated to produce sufficient revenues (1) to pay all costs and expenses properly incurred or accrued in connection with, and properly allocated to, performance of the contractor's obligations under the operating agreement, and (2) to provide reasonable and appropriate compensation or profit to the contractor under the operating agreement. For purposes of this subsection (f), the term "costs and expenses" may include, without limitation, (i) direct and indirect costs and expenses for labor, services, equipment, materials, insurance and other risk management costs, interest and other financing charges, and taxes or fees in lieu of taxes; (ii) payments to or required by the United States, the State of Illinois or any agency or department thereof, the Central Midwest Interstate Low-Level Radioactive Waste Compact, and subject to the provisions of this Act, any unit of local government; (iii) amortization of capitalized costs with respect to the disposal facility and its development, including any capitalized reserves; and (iv) payments with respect to reserves, accounts, escrows or trust funds required by law or otherwise provided for under the operating agreement.
(g) (Blank).
(h) (Blank).
(i) (Blank).
(j) (Blank).
(j-5) Prior to commencement of facility operations, the Agency shall adopt rules providing for the establishment and collection of fees and charges with respect to the use of the disposal facility as provided in subsection (f) of this Section.
(k) The regional disposal facility shall be subject to ad valorem real estate taxes lawfully imposed by units of local government and school districts with jurisdiction over the facility. No other local government tax, surtax, fee or other charge on activities at the regional disposal facility shall be allowed except as authorized by the Agency.
(l) The Agency shall have the power, in the event that acceptance of waste for disposal at the regional disposal facility is suspended, delayed or interrupted, to impose emergency fees on the generators of low-level radioactive waste. Generators shall pay emergency fees within 30 days of receipt of notice of the emergency fees. The Department shall deposit all of the receipts of any fees collected under this subsection into the Low-Level Radioactive Waste Facility Development and Operation Fund created under subsection (b) of Section 14. Emergency fees may be used to mitigate the impacts of the suspension or interruption of acceptance of waste for disposal. The requirements for rulemaking in the Illinois Administrative Procedure Act shall not apply to the imposition of emergency fees under this subsection.
(m) The Agency shall promulgate any other rules and regulations as may be necessary to implement this Section.
(Source: P.A. 103-569, eff. 6-1-24.)
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(420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
Sec. 14. Waste management funds.
(a) There is hereby created in the State
Treasury a special fund to be known as the "Low-Level Radioactive Waste
Facility Development and Operation Fund".
All monies within the Low-Level Radioactive Waste Facility Development and
Operation Fund shall be invested by the State Treasurer in accordance with
established investment practices. Interest earned by such investment shall be
returned to the Low-Level Radioactive Waste Facility Development and Operation
Fund.
Except as otherwise provided in
this subsection, the Agency shall deposit 80%
of all receipts from the fees required under subsections (a) and (b)
of Section 13 in the State Treasury to the credit of this Fund. Beginning
July 1, 1997, and until December 31 of the year in which the Agency
approves a proposed site under Section 10.3, the Agency
shall deposit all fees collected under subsections (a)
and (b) of Section 13 of this Act into the
Fund. Subject to appropriation, the Agency is authorized to expend all
moneys in the Fund in amounts it deems necessary
for:
(1) hiring personnel and any other operating and |
| contingent expenses necessary for the proper administration of this Act;
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(2) contracting with any firm for the purpose of
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| carrying out the purposes of this Act;
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(3) grants to the Central Midwest Interstate
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| Low-Level Radioactive Waste Commission;
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(4) hiring personnel, contracting with any person,
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| and meeting any other expenses incurred by the Agency in fulfilling its responsibilities under the Radioactive Waste Compact Enforcement Act;
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(5) activities under Sections 10, 10.2 and 10.3;
(6) payment of fees in lieu of taxes to a local
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| government having within its boundaries a regional disposal facility;
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(7) payment of grants to counties or municipalities
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(8) fulfillment of obligations under a community
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| agreement under Section 12.1.
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In spending monies pursuant to such appropriations, the Agency shall
to the extent practicable avoid duplicating expenditures made by any firm
pursuant to a contract awarded under this Section.
(b) There is hereby created in the State Treasury a special fund to be
known as the "Low-Level Radioactive Waste Facility Closure, Post-Closure
Care and Compensation Fund".
All monies within the Low-Level Radioactive Waste Facility Closure,
Post-Closure Care and Compensation Fund shall be invested by the State
Treasurer in accordance with established investment practices. Interest earned
by such investment shall be returned to the Low-Level Radioactive Waste
Facility Closure, Post-Closure Care and Compensation Fund.
The Agency shall deposit 20% of all
receipts from the fees required under subsections (a) and (b) of Section 13
of this Act in the State Treasury to the credit of this Fund, except
that, pursuant to subsection (a) of Section 14 of this Act, there shall be no
such deposit
into this Fund between July 1, 1997 and December 31 of the year in which the Agency
approves a proposed site pursuant to Section 10.3 of this Act.
All deposits
into this
Fund shall be held by the State Treasurer separate and apart from all
public money or funds of this State. Subject to appropriation, the Agency
is authorized to expend any moneys in this Fund in amounts it deems
necessary for:
(1) decommissioning and other procedures required for
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| the proper closure of the regional disposal facility;
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(2) monitoring, inspecting, and other procedures
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| required for the proper closure, decommissioning, and post-closure care of the regional disposal facility;
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(3) taking any remedial actions necessary to protect
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| human health and the environment from releases or threatened releases of wastes from the regional disposal facility;
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(4) the purchase of facility and third-party
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| liability insurance necessary during the institutional control period of the regional disposal facility;
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(5) mitigating the impacts of the suspension or
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| interruption of the acceptance of waste for disposal;
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(6) compensating any person suffering any damages or
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| losses to a person or property caused by a release from the regional disposal facility as provided for in Section 15; and
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(7) fulfillment of obligations under a community
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| agreement under Section 12.1.
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On or before March 1 of each year, the Agency shall deliver to the
Governor, the President and Minority Leader of the Senate, the Speaker and
Minority Leader of the House, and each of the generators that have
contributed during the preceding State fiscal year to the Fund a financial
statement, certified and verified by the Director, which details all
receipts and expenditures from the Fund during the preceding State fiscal
year. The financial statements shall identify all sources of income to the
Fund and all recipients of expenditures from the Fund, shall specify the
amounts of all the income and expenditures, and shall indicate the amounts
of all the income and expenditures, and shall indicate the purpose for all
expenditures.
(c) (Blank).
(d) The Agency may accept for any of its purposes and functions
any donations, grants of money, equipment, supplies, materials, and services
from any state or the United States, or from any institution, person, firm
or corporation. Any donation or grant of money received after January 1,
1986 shall be deposited in either the Low-Level Radioactive Waste
Facility Development and Operation Fund or the Low-Level Radioactive Waste
Facility Closure, Post-Closure Care and Compensation Fund, in accordance
with the purpose of the grant.
(Source: P.A. 100-146, eff. 1-1-18 .)
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