SB3279 EngrossedLRB103 39272 BDA 69425 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Uranium and Thorium Mill Tailings Control 
5Act is amended by changing Section 32 as follows:
 
6    (420 ILCS 42/32)
7    Sec. 32. Limitations on groundwater and property use. 
8    (a) In connection with the decommissioning of a source 
9material milling facility or the termination of the facility's 
10license, the Agency shall have the authority to adopt by rule, 
11or impose by order or license amendment or condition, 
12restrictions on the use of groundwater on any property that 
13has been licensed for the milling of source material and any 
14property downgradient from the property that has been licensed 
15for the milling of source material where the groundwater 
16impacted by a licensed facility has constituents above 
17naturally-occurring levels and is in excess of the groundwater 
18standards enforceable by the Agency.
19    (a-5) The Agency may approve a request for license 
20termination following adoption and implementation by the 
21municipality or county in which the material milling facility 
22is located of one or more ordinances restricting the use of 
23groundwater on the property that has been licensed for the 
 
 
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1milling of source material and any property downgradient from 
2that property, provided that the ordinances are determined by 
3the Agency to provide sufficient protection of public health 
4and safety and the ordinances are in effect at the time of 
5license termination.
6    (a-6) For Agency actions based upon subsection (a-5), the 
7ordinances in effect at the time of license termination shall 
8remain in effect until the Agency expressly approves in 
9writing that the ordinances are no longer required. 
10     (b) In connection with the decommissioning of a source 
11material milling facility or the termination of the facility's 
12license, the Agency shall have the authority to adopt by rule, 
13or impose by order or license amendment or condition, 
14restrictions on property that has been licensed for the 
15milling of source material where the soil has constituents 
16above naturally-occurring levels to limit or prohibit: 
17        (1) the construction of basements or other similar 
18    below-ground structures, other than footings or pilings, 
19    on any portion of the property where elevated levels of 
20    the constituents are present in the soil; and 
21        (2) the excavation of soil from a portion of the 
22    property where elevated levels of the constituents are 
23    present in the excavated soil, unless the excavated soil 
24    is (i) disposed of in a facility licensed or permitted to 
25    dispose of that soil or (ii) returned to the approximate 
26    depth from which it was excavated and covered with an 
 
 
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1    equivalent cover.
2     (c) The authority granted to the Agency under this 
3Section is intended to secure the greatest protection of the 
4public health and safety practicable in the decommissioning of 
5a source material milling facility or the termination of the 
6facility's license and shall be in addition to the authority 
7granted under the Radiation Protection Act of 1990.
8(Source: P.A. 95-777, eff. 8-4-08.)