State of Illinois
91st General Assembly
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Public Act 91-0601

HB0095 Enrolled                                LRB9100625ACsb

    AN ACT to amend the Illinois Low-Level Radioactive  Waste
Management Act by changing Sections 10.2 and 11.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.   The  Illinois  Low-Level  Radioactive  Waste
Management Act is amended by changing Sections 10.2 and 11 as
follows:

    (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
    Sec.  10.2.  Creation of Low-Level Radioactive Waste Task
Group;  adoption  of  criteria;   selection   of   site   for
characterization.
    (a)  There  is  hereby  created the Low-Level Radioactive
Waste  Task  Group  consisting  of  the  Directors   of   the
Environmental  Protection  Agency,  the Department of Natural
Resources, and the Department of  Nuclear  Safety  (or  their
designees)   and  6  additional  members  designated  by  the
Governor.  The 6 additional members shall:
         (1)  be confirmed by the Senate; and
         (2)  receive compensation of $300 per day for  their
    services  on  the  Task Group unless they are officers or
    employees of the State, in which case they shall  receive
    no additional compensation.
    Four  of  the  additional members shall have expertise in
the field of geology, hydrogeology, or hydrology.  Of  the  2
remaining  additional  members,  one shall be a member of the
public with experience in environmental matters and one shall
have at least 5 years experience in  local  government.   The
Directors   of   the  Environmental  Protection  Agency,  the
Department  of  Natural  Resources,  and  the  Department  of
Nuclear  Safety  (or  their  designees)  shall   receive   no
additional  compensation for their service on the Task Group.
All members of the Task Group shall be compensated for  their
expenses.   The  Governor shall designate the chairman of the
Task Group.  Upon adoption of the criteria  under  subsection
(b)  of  this  Section,  the  Directors  of the Department of
Nuclear Safety and the Environmental Protection Agency  shall
be  replaced  on  the Task Group by members designated by the
Governor and confirmed by the Senate.  The members designated
to replace the Directors of the Department of Nuclear  Safety
and  the  Environmental  Protection  Agency  shall  have such
expertise as the Governor may determine.  The members of  the
Task  Group  shall be members until they resign, are replaced
by the Governor, or the Task Group is abolished.   Except  as
provided  in this Act, the Task Group shall be subject to the
Open Meetings Act and the Illinois  Administrative  Procedure
Act.  Any action required to be taken by the Task Group under
this Act shall be taken by a majority vote of its members. An
identical   vote  by  5  members  of  the  Task  Group  shall
constitute a majority vote.
    (b)  To protect the public health,  safety  and  welfare,
the  Task Group shall develop proposed criteria for selection
of  a  site  for  a  regional  disposal  facility.  Principal
criteria  shall   relate   to   the   geographic,   geologic,
seismologic,   tectonic,  hydrologic,  and  other  scientific
conditions best suited  for  a  regional  disposal  facility.
Supplemental  criteria  may relate to land use (including (i)
the location of  existing  underground  mines  and  (ii)  the
exclusion of State parks, State conservation areas, and other
State  owned  lands identified by the Task Group), economics,
transportation, meteorology, and any other matter  identified
by  the  Task Group as relating to desirable conditions for a
regional disposal facility. All of the criteria shall  be  as
specific as possible.
    The  chairman of the Task Group shall publish a notice of
availability of the proposed criteria in the State newspaper,
make copies of the proposed criteria available without charge
to the public, and hold public hearings to  receive  comments
on  the  proposed criteria.  Written comments on the proposed
criteria may be submitted to the chairman of the  Task  Group
within  a  time  period  to  be determined by the Task Group.
Upon completion of the review of timely submitted comments on
the proposed criteria, the Task Group  shall  adopt  criteria
for  selection  of  a  site for a regional disposal facility.
Adoption of the criteria  is  not  subject  to  the  Illinois
Administrative Procedure Act.  The chairman of the Task Group
shall  provide  copies  of  the criteria to the Governor, the
President and Minority Leader of the Senate, the Speaker  and
Minority  Leader  of  the House, and all county boards in the
State of Illinois and  shall  make  copies  of  the  criteria
available without charge to the public.
    (c)  Upon  adoption  of  the  criteria,  the  Director of
Natural Resources shall  direct  the  Scientific  Surveys  to
screen  the  State  of  Illinois.  By September 30, 1997, the
Scientific Surveys shall (i) complete a  Statewide  screening
of  the  State  using  available information and the Surveys'
geography-based information system to produce individual  and
composite   maps   showing   the  application  of  individual
criteria;  (ii)  complete  the   evaluation   of   all   land
volunteered  before the effective date of this amendatory Act
of 1997 to determine whether  any  of  the  volunteered  land
appears  likely  to  satisfy the criteria; (iii) document the
results of the screening and volunteer site evaluations in  a
written  report  and submit the report to the chairman of the
Task Group and to the Director; and (iv) transmit to the Task
Group and to the Department, in a form specified by the  Task
Group  and  the  Department,  all  information  and documents
assembled  by  the  Scientific  Surveys  in  performing   the
obligations  of the Scientific Surveys under  this Act.  Upon
completion of the screening  and  volunteer  site  evaluation
process,  the Director of the Department of Natural Resources
shall be replaced on the Task Group by a member appointed  by
the  Governor  and  confirmed  by  the  Senate.   The  member
appointed  to  replace  the  Director  of  the  Department of
Natural Resources shall  have  expertise  that  the  Governor
determines to be appropriate.
    (c-3)  By  December  1,  2000, Within 24 months after the
submittal of the  report  and  documents  by  the  Scientific
Surveys under subsection (c) of this Section, the Department,
in  consultation  with  the Task Group, waste generators, and
any interested counties and municipalities and after  holding
3  public  hearings  throughout  the  State,  shall prepare a
report regarding, at a minimum, the impact and ramifications,
if any, of the following factors  and  circumstances  on  the
siting,   design,   licensure,   development,   construction,
operation,  closure,  and  post-closure  care  of  a regional
disposal facility:
         (1)  the federal, state, and regional  programs  for
    the   siting,  development,  and  operation  of  disposal
    facilities  for  low-level  radioactive  wastes  and  the
    nature, extent, and  likelihood  of  any  legislative  or
    administrative changes to those programs;
         (2)  (blank)   the   impacts   of  restrictions  and
    surcharges on disposal of low-level radioactive waste  at
    commercial  disposal  facilities  outside  the  State  of
    Illinois;
         (3)  the   current  and  most  reliable  projections
    regarding the costs of the siting,  design,  development,
    construction,  operation,  closure,  decommissioning, and
    post-closure care of a regional disposal facility;
         (4)  the current and most reliable estimates of  the
    total  volume of low-level radioactive waste that will be
    disposed at a regional disposal facility in Illinois  and
    the projected annual volume amounts;
         (5)  the nature and extent of the available, if any,
    storage and disposal facilities outside the region of the
    Compact for storage and disposal of low-level radioactive
    waste  generated  from  within the region of the Compact;
    and
         (6)  the  development  and   implementation   of   a
    voluntary  site  selection  process  in which land may be
    volunteered for the regional disposal facility jointly by
    landowners and (i) the municipality in which the land  is
    located,  (ii)  every  municipality within 1 1/2 miles of
    the land if the land is not  within  a  municipality,  or
    (iii) the county or counties in which the land is located
    if the land is not within a municipality and not within 1
    1/2  miles  of a municipality. The Director shall provide
    copies of the report to the Governor, the  President  and
    Minority  Leader  of  the  Senate,  and  the  Speaker and
    Minority Leader of the House.  The  Director  shall  also
    publish  a  notice  of  availability of the report in the
    State newspaper and make copies of the  report  available
    without charge to the public.
    (c-5)  Following  submittal  of  the  report  pursuant to
subsection (c-3) of this Section, the  Department  may  shall
adopt  rules  establishing  a  site selection process for the
regional  disposal  facility.   The  site  selection  process
established by rule under this subsection shall  require  the
contractor  selected by the Department pursuant to Sections 5
and 10 of this Act to propose one site to the Task Group  for
approval  under  subsections  (d) through (i) of this Section
and In developing rules, the  Department  shall  also,  at  a
minimum, consider require the following:
         (1)  A  comprehensive  and  open process under which
    the land  for  sites  recommended  and  proposed  by  the
    contractor  under subsection (e) of this Section shall be
    volunteered lands as provided in this Section.  Land  may
    be volunteered for the regional disposal facility jointly
    by  landowners and (i) the municipality in which the land
    is located, (ii) every municipality with 1 1/2  miles  of
    the  land  if  the  land is not within a municipality, or
    (iii) the county or counties in which the land is located
    if the land is not within a municipality and not within 1
    1/2 miles of a municipality.
         (2)  Utilization  of   the   State   screening   and
    volunteer   site   evaluation   report  prepared  by  the
    Scientific Surveys under subsection (c) of  this  Section
    for  the  purpose  of  determining whether proposed sites
    appear likely to satisfy the site selection criteria.
         (3)  Coordination of the site selection process with
    the  projected  annual  and  total  volume  of  low-level
    radioactive waste to be disposed at the regional disposal
    facility as  identified  in  the  report  prepared  under
    subsection (c-3) of this Section.
    The   site   selection  process  established  under  this
subsection shall  require  the  contractor  selected  by  the
Department  pursuant  to  Sections  5  and  10 of this Act to
propose one  site  to  the  Task  Group  for  approval  under
subsections (d) through (i) of this Section.
    (4)  No  proposed  site shall be selected as the site for
the regional disposal facility unless it satisfies  the  site
selection  criteria  established  by  the  Task  Group  under
subsection (b) of this Section.
    (d)  The  contractor  selected  by  the  Department under
Sections 5 and 10 of  this  Act  shall  conduct  evaluations,
including  possible  intrusive  field  investigations, of the
sites and  locations  identified  under  the  site  selection
process established under subsection (c-5) of this Section.
    (e)  Upon   completion  of  the  site   evaluations,  the
contractor selected by the Department shall identify one site
of at least 640 acres that appears promising for  development
of the regional disposal facility in compliance with the site
selection  criteria established by the Task Group pursuant to
subsection (b) of this Section.  The contractor  may  conduct
any  other  evaluation  of  the  site  identified  under this
subsection that the contractor deems appropriate to determine
whether  the  site  satisfies  the  criteria  adopted   under
subsection  (b)  of  this  Section.   Upon  completion of the
evaluations  under  this  subsection,  the  contractor  shall
prepare  and  submit  to  the  Department  a  report  on  the
evaluation of the identified site, including a recommendation
as  to  whether  the  identified  site  should   be   further
considered  for selection as a site for the regional disposal
facility. A site so recommended for further consideration  is
hereinafter referred to as a "proposed site".
    (f)  A  report  completed  under  subsection  (e) of this
Section  that  recommends  a  proposed  site  shall  also  be
submitted to the chairman of the Task Group.  Within 45  days
following receipt of a report, the chairman of the Task Group
shall  publish  in  newspapers  of general circulation in the
county or counties in which a  proposed  site  is  located  a
notice  of  the  availability of the report and a notice of a
public meeting.  The chairman of the Task Group  shall  also,
within  the  45-day  period, provide copies of the report and
the notice to the Governor, the President and Minority Leader
of the Senate, the Speaker and Minority Leader of the  House,
members of the General Assembly from the legislative district
or  districts in which a proposed site is located, the county
board or boards  of  the  county  or  counties  containing  a
proposed  site, and each city, village, and incorporated town
within a 5 mile radius of a proposed site.  The  chairman  of
the  Task  Group  shall  make  copies of the report available
without charge to the public.
    (g)  The chairman of the  Task  Group  shall  convene  at
least  one  public  meeting  on  each  proposed site.  At the
public meeting or meetings, the contractor  selected  by  the
Department shall present the results of the evaluation of the
proposed  site.  The  Task  Group  shall  receive  such other
written and oral information about the proposed site that may
be submitted at the meeting.  Following the meeting, the Task
Group shall decide whether the proposed  site  satisfies  the
criteria  adopted  under  subsection (b) of this Section.  If
the Task Group determines that the  proposed  site  does  not
satisfy the criteria, the Department may require a contractor
to submit a further report pursuant to subsection (e) of this
Section  proposing another site from the locations identified
under the site  selection  process  established  pursuant  to
subsection  (c-5)  of  this  Section as likely to satisfy the
criteria.  Following notice and distribution of the report as
required by subsection (f) of this Section, the new  proposed
site  shall  be  the  subject  of a public meeting under this
subsection.  The contractor selected by the Department  shall
propose  additional  sites,  and the Task Group shall conduct
additional public meetings, until the Task Group has approved
a proposed site recommended by a contractor as satisfying the
criteria adopted under subsection (b) of  this  Section.   In
the  event  that  the  Task Group does not approve any of the
proposed sites  recommended  by  the  contractor  under  this
subsection   as   satisfying   the   criteria  adopted  under
subsection  (b)  of  this  Section,  the  Task  Group   shall
immediately suspend all work and the Department shall prepare
a   study   containing,   at   a  minimum,  the  Department's
recommendations regarding the viability of the site selection
process established  pursuant  to  this  Act,  based  on  the
factors  and circumstances specified in items (1) through (6)
of subsection (c-3) of Section  10.2.  The  Department  shall
provide  copies  of  the study to the Governor, the President
and Minority Leader  of  the  Senate,  and  the  Speaker  and
Minority  Leader  of  the  House.  The  Department shall also
publish a notice of availability of the study  in  the  State
newspaper  and  make  copies  of the report available without
charge to the public.
    (h)  (Blank).
    (i)  Upon the Task Group's decision that a proposed  site
satisfies  the  criteria adopted under subsection (b) of this
Section,   the   contractor   shall    proceed    with    the
characterization  and  licensure  of  the proposed site under
Section 10.3 of this Act and the Task Group shall immediately
suspend all work, except as otherwise  specifically  required
in subsection (b) of Section 10.3 of this Act.
(Source:  P.A.  89-445,  eff.  2-7-96;  89-479, eff. 6-18-96;
90-29, eff. 6-26-97.)

    (420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11)
    Sec. 11.  Report by the Department.
    (a)  (Blank).
    (b)  (Blank) No later than March 31, 1993, the Department
shall deliver to the Governor,  the  President  and  Minority
Leader  of the Senate, and the Speaker and Minority Leader of
the House  a  report  on  the  impacts  of  restrictions  and
surcharges  on  disposal  of  low-level  radioactive waste at
commercial disposal facilities outside the State of Illinois.
The report shall  include  the  Department's  recommendations
with  regard  to  the  need  for  additional  interim storage
capacity and with regard to a new process for the timely  and
cost   effective   establishment   of  a  permanent  disposal
facility.
    (c)  At  any  time  necessary,  as  determined   by   the
Director,  to  ensure  proper  planning  and policy responses
relating to the continued availability of facilities for  the
storage  and  disposal  of  low-level radioactive wastes, the
Department shall deliver to the Governor, the  President  and
Minority  Leader  of the Senate, and the Speaker and Minority
Leader of the House a report updating  the  report  submitted
pursuant  to  subsection  (b)  of  this Section.  The updated
report required by this subsection that shall include,  at  a
minimum,  an  updated analysis of the impacts of restrictions
and surcharges on disposal of low-level radioactive waste  at
commercial  disposal facilities outside the State of Illinois
and  the  Department's  analysis  of,   and   recommendations
regarding,  the  feasibility of a centralized interim storage
facility for low-level radioactive waste generated within the
region of the Compact and the nature and extent, if  any,  of
the  generator's  or any other entity's responsibility for or
title to the waste to be  stored  at  a  centralized  interim
storage  facility  after the waste has been delivered to that
facility.
(Source: P.A. 90-29, eff. 6-26-97.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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