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 low-level radioactive wastes
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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.)
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