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91_HB0095enr
HB0095 Enrolled LRB9100625ACsb
1 AN ACT to amend the Illinois Low-Level Radioactive Waste
2 Management Act by changing Sections 10.2 and 11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Low-Level Radioactive Waste
6 Management Act is amended by changing Sections 10.2 and 11 as
7 follows:
8 (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
9 Sec. 10.2. Creation of Low-Level Radioactive Waste Task
10 Group; adoption of criteria; selection of site for
11 characterization.
12 (a) There is hereby created the Low-Level Radioactive
13 Waste Task Group consisting of the Directors of the
14 Environmental Protection Agency, the Department of Natural
15 Resources, and the Department of Nuclear Safety (or their
16 designees) and 6 additional members designated by the
17 Governor. The 6 additional members shall:
18 (1) be confirmed by the Senate; and
19 (2) receive compensation of $300 per day for their
20 services on the Task Group unless they are officers or
21 employees of the State, in which case they shall receive
22 no additional compensation.
23 Four of the additional members shall have expertise in
24 the field of geology, hydrogeology, or hydrology. Of the 2
25 remaining additional members, one shall be a member of the
26 public with experience in environmental matters and one shall
27 have at least 5 years experience in local government. The
28 Directors of the Environmental Protection Agency, the
29 Department of Natural Resources, and the Department of
30 Nuclear Safety (or their designees) shall receive no
31 additional compensation for their service on the Task Group.
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1 All members of the Task Group shall be compensated for their
2 expenses. The Governor shall designate the chairman of the
3 Task Group. Upon adoption of the criteria under subsection
4 (b) of this Section, the Directors of the Department of
5 Nuclear Safety and the Environmental Protection Agency shall
6 be replaced on the Task Group by members designated by the
7 Governor and confirmed by the Senate. The members designated
8 to replace the Directors of the Department of Nuclear Safety
9 and the Environmental Protection Agency shall have such
10 expertise as the Governor may determine. The members of the
11 Task Group shall be members until they resign, are replaced
12 by the Governor, or the Task Group is abolished. Except as
13 provided in this Act, the Task Group shall be subject to the
14 Open Meetings Act and the Illinois Administrative Procedure
15 Act. Any action required to be taken by the Task Group under
16 this Act shall be taken by a majority vote of its members. An
17 identical vote by 5 members of the Task Group shall
18 constitute a majority vote.
19 (b) To protect the public health, safety and welfare,
20 the Task Group shall develop proposed criteria for selection
21 of a site for a regional disposal facility. Principal
22 criteria shall relate to the geographic, geologic,
23 seismologic, tectonic, hydrologic, and other scientific
24 conditions best suited for a regional disposal facility.
25 Supplemental criteria may relate to land use (including (i)
26 the location of existing underground mines and (ii) the
27 exclusion of State parks, State conservation areas, and other
28 State owned lands identified by the Task Group), economics,
29 transportation, meteorology, and any other matter identified
30 by the Task Group as relating to desirable conditions for a
31 regional disposal facility. All of the criteria shall be as
32 specific as possible.
33 The chairman of the Task Group shall publish a notice of
34 availability of the proposed criteria in the State newspaper,
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1 make copies of the proposed criteria available without charge
2 to the public, and hold public hearings to receive comments
3 on the proposed criteria. Written comments on the proposed
4 criteria may be submitted to the chairman of the Task Group
5 within a time period to be determined by the Task Group.
6 Upon completion of the review of timely submitted comments on
7 the proposed criteria, the Task Group shall adopt criteria
8 for selection of a site for a regional disposal facility.
9 Adoption of the criteria is not subject to the Illinois
10 Administrative Procedure Act. The chairman of the Task Group
11 shall provide copies of the criteria to the Governor, the
12 President and Minority Leader of the Senate, the Speaker and
13 Minority Leader of the House, and all county boards in the
14 State of Illinois and shall make copies of the criteria
15 available without charge to the public.
16 (c) Upon adoption of the criteria, the Director of
17 Natural Resources shall direct the Scientific Surveys to
18 screen the State of Illinois. By September 30, 1997, the
19 Scientific Surveys shall (i) complete a Statewide screening
20 of the State using available information and the Surveys'
21 geography-based information system to produce individual and
22 composite maps showing the application of individual
23 criteria; (ii) complete the evaluation of all land
24 volunteered before the effective date of this amendatory Act
25 of 1997 to determine whether any of the volunteered land
26 appears likely to satisfy the criteria; (iii) document the
27 results of the screening and volunteer site evaluations in a
28 written report and submit the report to the chairman of the
29 Task Group and to the Director; and (iv) transmit to the Task
30 Group and to the Department, in a form specified by the Task
31 Group and the Department, all information and documents
32 assembled by the Scientific Surveys in performing the
33 obligations of the Scientific Surveys under this Act. Upon
34 completion of the screening and volunteer site evaluation
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1 process, the Director of the Department of Natural Resources
2 shall be replaced on the Task Group by a member appointed by
3 the Governor and confirmed by the Senate. The member
4 appointed to replace the Director of the Department of
5 Natural Resources shall have expertise that the Governor
6 determines to be appropriate.
7 (c-3) By December 1, 2000, Within 24 months after the
8 submittal of the report and documents by the Scientific
9 Surveys under subsection (c) of this Section, the Department,
10 in consultation with the Task Group, waste generators, and
11 any interested counties and municipalities and after holding
12 3 public hearings throughout the State, shall prepare a
13 report regarding, at a minimum, the impact and ramifications,
14 if any, of the following factors and circumstances on the
15 siting, design, licensure, development, construction,
16 operation, closure, and post-closure care of a regional
17 disposal facility:
18 (1) the federal, state, and regional programs for
19 the siting, development, and operation of disposal
20 facilities for low-level radioactive wastes and the
21 nature, extent, and likelihood of any legislative or
22 administrative changes to those programs;
23 (2) (blank) the impacts of restrictions and
24 surcharges on disposal of low-level radioactive waste at
25 commercial disposal facilities outside the State of
26 Illinois;
27 (3) the current and most reliable projections
28 regarding the costs of the siting, design, development,
29 construction, operation, closure, decommissioning, and
30 post-closure care of a regional disposal facility;
31 (4) the current and most reliable estimates of the
32 total volume of low-level radioactive waste that will be
33 disposed at a regional disposal facility in Illinois and
34 the projected annual volume amounts;
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1 (5) the nature and extent of the available, if any,
2 storage and disposal facilities outside the region of the
3 Compact for storage and disposal of low-level radioactive
4 waste generated from within the region of the Compact;
5 and
6 (6) the development and implementation of a
7 voluntary site selection process in which land may be
8 volunteered for the regional disposal facility jointly by
9 landowners and (i) the municipality in which the land is
10 located, (ii) every municipality within 1 1/2 miles of
11 the land if the land is not within a municipality, or
12 (iii) the county or counties in which the land is located
13 if the land is not within a municipality and not within 1
14 1/2 miles of a municipality. The Director shall provide
15 copies of the report to the Governor, the President and
16 Minority Leader of the Senate, and the Speaker and
17 Minority Leader of the House. The Director shall also
18 publish a notice of availability of the report in the
19 State newspaper and make copies of the report available
20 without charge to the public.
21 (c-5) Following submittal of the report pursuant to
22 subsection (c-3) of this Section, the Department may shall
23 adopt rules establishing a site selection process for the
24 regional disposal facility. The site selection process
25 established by rule under this subsection shall require the
26 contractor selected by the Department pursuant to Sections 5
27 and 10 of this Act to propose one site to the Task Group for
28 approval under subsections (d) through (i) of this Section
29 and In developing rules, the Department shall also, at a
30 minimum, consider require the following:
31 (1) A comprehensive and open process under which
32 the land for sites recommended and proposed by the
33 contractor under subsection (e) of this Section shall be
34 volunteered lands as provided in this Section. Land may
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1 be volunteered for the regional disposal facility jointly
2 by landowners and (i) the municipality in which the land
3 is located, (ii) every municipality with 1 1/2 miles of
4 the land if the land is not within a municipality, or
5 (iii) the county or counties in which the land is located
6 if the land is not within a municipality and not within 1
7 1/2 miles of a municipality.
8 (2) Utilization of the State screening and
9 volunteer site evaluation report prepared by the
10 Scientific Surveys under subsection (c) of this Section
11 for the purpose of determining whether proposed sites
12 appear likely to satisfy the site selection criteria.
13 (3) Coordination of the site selection process with
14 the projected annual and total volume of low-level
15 radioactive waste to be disposed at the regional disposal
16 facility as identified in the report prepared under
17 subsection (c-3) of this Section.
18 The site selection process established under this
19 subsection shall require the contractor selected by the
20 Department pursuant to Sections 5 and 10 of this Act to
21 propose one site to the Task Group for approval under
22 subsections (d) through (i) of this Section.
23 (4) No proposed site shall be selected as the site for
24 the regional disposal facility unless it satisfies the site
25 selection criteria established by the Task Group under
26 subsection (b) of this Section.
27 (d) The contractor selected by the Department under
28 Sections 5 and 10 of this Act shall conduct evaluations,
29 including possible intrusive field investigations, of the
30 sites and locations identified under the site selection
31 process established under subsection (c-5) of this Section.
32 (e) Upon completion of the site evaluations, the
33 contractor selected by the Department shall identify one site
34 of at least 640 acres that appears promising for development
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1 of the regional disposal facility in compliance with the site
2 selection criteria established by the Task Group pursuant to
3 subsection (b) of this Section. The contractor may conduct
4 any other evaluation of the site identified under this
5 subsection that the contractor deems appropriate to determine
6 whether the site satisfies the criteria adopted under
7 subsection (b) of this Section. Upon completion of the
8 evaluations under this subsection, the contractor shall
9 prepare and submit to the Department a report on the
10 evaluation of the identified site, including a recommendation
11 as to whether the identified site should be further
12 considered for selection as a site for the regional disposal
13 facility. A site so recommended for further consideration is
14 hereinafter referred to as a "proposed site".
15 (f) A report completed under subsection (e) of this
16 Section that recommends a proposed site shall also be
17 submitted to the chairman of the Task Group. Within 45 days
18 following receipt of a report, the chairman of the Task Group
19 shall publish in newspapers of general circulation in the
20 county or counties in which a proposed site is located a
21 notice of the availability of the report and a notice of a
22 public meeting. The chairman of the Task Group shall also,
23 within the 45-day period, provide copies of the report and
24 the notice to the Governor, the President and Minority Leader
25 of the Senate, the Speaker and Minority Leader of the House,
26 members of the General Assembly from the legislative district
27 or districts in which a proposed site is located, the county
28 board or boards of the county or counties containing a
29 proposed site, and each city, village, and incorporated town
30 within a 5 mile radius of a proposed site. The chairman of
31 the Task Group shall make copies of the report available
32 without charge to the public.
33 (g) The chairman of the Task Group shall convene at
34 least one public meeting on each proposed site. At the
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1 public meeting or meetings, the contractor selected by the
2 Department shall present the results of the evaluation of the
3 proposed site. The Task Group shall receive such other
4 written and oral information about the proposed site that may
5 be submitted at the meeting. Following the meeting, the Task
6 Group shall decide whether the proposed site satisfies the
7 criteria adopted under subsection (b) of this Section. If
8 the Task Group determines that the proposed site does not
9 satisfy the criteria, the Department may require a contractor
10 to submit a further report pursuant to subsection (e) of this
11 Section proposing another site from the locations identified
12 under the site selection process established pursuant to
13 subsection (c-5) of this Section as likely to satisfy the
14 criteria. Following notice and distribution of the report as
15 required by subsection (f) of this Section, the new proposed
16 site shall be the subject of a public meeting under this
17 subsection. The contractor selected by the Department shall
18 propose additional sites, and the Task Group shall conduct
19 additional public meetings, until the Task Group has approved
20 a proposed site recommended by a contractor as satisfying the
21 criteria adopted under subsection (b) of this Section. In
22 the event that the Task Group does not approve any of the
23 proposed sites recommended by the contractor under this
24 subsection as satisfying the criteria adopted under
25 subsection (b) of this Section, the Task Group shall
26 immediately suspend all work and the Department shall prepare
27 a study containing, at a minimum, the Department's
28 recommendations regarding the viability of the site selection
29 process established pursuant to this Act, based on the
30 factors and circumstances specified in items (1) through (6)
31 of subsection (c-3) of Section 10.2. The Department shall
32 provide copies of the study to the Governor, the President
33 and Minority Leader of the Senate, and the Speaker and
34 Minority Leader of the House. The Department shall also
HB0095 Enrolled -9- LRB9100625ACsb
1 publish a notice of availability of the study in the State
2 newspaper and make copies of the report available without
3 charge to the public.
4 (h) (Blank).
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. 89-445, eff. 2-7-96; 89-479, eff. 6-18-96;
13 90-29, eff. 6-26-97.)
14 (420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11)
15 Sec. 11. Report by the Department.
16 (a) (Blank).
17 (b) (Blank) No later than March 31, 1993, the Department
18 shall deliver to the Governor, the President and Minority
19 Leader of the Senate, and the Speaker and Minority Leader of
20 the House a report on the impacts of restrictions and
21 surcharges on disposal of low-level radioactive waste at
22 commercial disposal facilities outside the State of Illinois.
23 The report shall include the Department's recommendations
24 with regard to the need for additional interim storage
25 capacity and with regard to a new process for the timely and
26 cost effective establishment of a permanent disposal facility
27 updating the report submitted
2 pursuant to subsection (b) of this Section. The updated
3 report required by this subsection that shall include, at a
4 minimum, an updated analysis of the impacts of restrictions
5 and surcharges on disposal of low-level radioactive waste at
6 commercial disposal facilities outside the State of Illinois
7 and the Department's analysis of, and recommendations
8 regarding, the feasibility of a centralized interim storage
9 facility for low-level radioactive waste generated within the
10 region of the Compact and the nature and extent, if any, of
11 the generator's or any other entity's responsibility for or
12 title to the waste to be stored at a centralized interim
13 storage facility after the waste has been delivered to that
14 facility.
15 (Source: P.A. 90-29, eff. 6-26-97.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.
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