|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1488 Introduced 2/9/2017, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: |
| 420 ILCS 20/10.2 | from Ch. 111 1/2, par. 241-10.2 | 420 ILCS 20/10.3 | from Ch. 111 1/2, par. 241-10.3 | 420 ILCS 20/12.1 | from Ch. 111 1/2, par. 241-12.1 | 420 ILCS 20/14 | from Ch. 111 1/2, par. 241-14 |
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Amends the Illinois Low-Level Radioactive Waste Management Act. Abolishes the Low-Level Radioactive Waste Task Group and makes corresponding changes including removing provisions concerning the adoption of criteria for selection of a site for a regional disposal facility.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning safety.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Low-Level Radioactive Waste |
5 | | Management Act is amended by changing Sections 10.2, 10.3, |
6 | | 12.1, and 14 as follows:
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7 | | (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
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8 | | Sec. 10.2. Selection Creation of Low-Level Radioactive |
9 | | Waste Task Group;
adoption of
criteria; selection of site for |
10 | | characterization. |
11 | | (a) (Blank). There is hereby created the Low-Level |
12 | | Radioactive Waste Task Group
consisting of the Directors of the |
13 | | Environmental Protection Agency, the
Department of Natural |
14 | | Resources, and the Illinois Emergency Management Agency (or |
15 | | their designees) and 6 additional members designated
by the |
16 | | Governor. The 6 additional members shall:
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17 | | (1) be confirmed by the Senate; and
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18 | | (2) receive compensation of $300 per day for their |
19 | | services on
the Task Group unless they are officers or |
20 | | employees of the State, in which
case they shall receive no |
21 | | additional compensation.
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22 | | Four of the additional members shall have expertise in the |
23 | | field of geology,
hydrogeology, or hydrology. Of the 2 |
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1 | | remaining additional members, one shall be
a member of the |
2 | | public with experience in environmental matters and one shall
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3 | | have at least 5 years experience in local government. The |
4 | | Directors of the
Environmental Protection Agency, the |
5 | | Department of Natural
Resources, and the Illinois Emergency |
6 | | Management Agency (or their designees) shall
receive no |
7 | | additional compensation for their service on the Task Group.
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8 | | All members of the Task Group shall be compensated for their |
9 | | expenses. The
Governor shall designate the chairman of the Task |
10 | | Group. Upon adoption of
the criteria under subsection (b) of |
11 | | this Section, the Directors of the Illinois Emergency |
12 | | Management Agency
and the Environmental Protection Agency |
13 | | shall
be replaced on the Task Group by members designated by |
14 | | the
Governor and confirmed by the Senate. The members |
15 | | designated
to replace the Directors of the Illinois Emergency |
16 | | Management Agency
and the Environmental Protection Agency |
17 | | shall have such
expertise as the Governor may determine. The |
18 | | members of the Task Group
shall be members until they resign, |
19 | | are replaced by the Governor, or the
Task Group is abolished. |
20 | | Except as provided in this Act, the Task Group
shall be subject |
21 | | to the Open Meetings Act and the Illinois Administrative
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22 | | Procedure Act. Any action required to be taken by the Task |
23 | | Group under this
Act shall be taken by a majority vote of its |
24 | | members.
An identical vote by 5 members of the Task Group shall |
25 | | constitute a majority
vote.
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26 | | (b) (Blank). To protect the public health, safety and |
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1 | | welfare, the Task Group shall
develop proposed criteria for |
2 | | selection of a site for a regional disposal
facility.
Principal |
3 | | criteria shall relate to the geographic, geologic, |
4 | | seismologic,
tectonic, hydrologic, and other scientific |
5 | | conditions best suited for a
regional disposal facility. |
6 | | Supplemental
criteria may
relate to land use (including (i) the |
7 | | location of existing underground mines
and (ii) the exclusion |
8 | | of State parks, State conservation areas, and other
State owned |
9 | | lands identified by the Task Group), economics, |
10 | | transportation,
meteorology, and any other matter identified |
11 | | by the Task Group as relating to
desirable conditions for a |
12 | | regional
disposal facility. All
of the criteria shall be as |
13 | | specific as possible.
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14 | | The chairman of the Task Group shall publish a
notice of |
15 | | availability of the proposed criteria in the State newspaper, |
16 | | make
copies of the proposed criteria available without charge |
17 | | to the public, and
hold public hearings to receive comments on |
18 | | the proposed criteria. Written
comments on the proposed |
19 | | criteria may be submitted to the chairman of the Task
Group |
20 | | within a time period to be determined by the Task Group. Upon |
21 | | completion
of the review of timely submitted comments on the |
22 | | proposed criteria, the Task
Group shall adopt criteria for
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23 | | selection of a site for a regional disposal facility. Adoption |
24 | | of the criteria is not
subject to the Illinois Administrative |
25 | | Procedure Act. The chairman of the Task
Group shall provide |
26 | | copies of the criteria to the Governor, the President and
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1 | | Minority Leader of the Senate, the Speaker and Minority Leader |
2 | | of the House,
and all county boards in the State of Illinois |
3 | | and shall make copies of the
criteria available without charge |
4 | | to the public.
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5 | | (c) (Blank). Upon adoption of the criteria, the Director of |
6 | | Natural
Resources shall direct the Scientific Surveys to
screen |
7 | | the State of Illinois. By
September 30, 1997, the Scientific |
8 | | Surveys shall (i) complete a Statewide
screening of the State |
9 | | using available information and the Surveys'
geography-based |
10 | | information system to produce individual and composite maps
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11 | | showing the application of individual criteria; (ii) complete |
12 | | the evaluation
of all land volunteered
before the effective |
13 | | date of this amendatory Act of 1997 to determine whether any of |
14 | | the volunteered land appears
likely to satisfy the criteria; |
15 | | (iii) document the
results of the screening and volunteer site |
16 | | evaluations in a written report
and submit the report to the |
17 | | chairman of the Task Group and to the Director;
and (iv) |
18 | | transmit to the Task Group and to the Agency, in a form |
19 | | specified
by the Task Group and the Agency, all information and |
20 | | documents assembled
by the Scientific Surveys in performing the |
21 | | obligations of the Scientific
Surveys under
this Act. Upon |
22 | | completion of the screening and volunteer site evaluation
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23 | | process, the Director of the Department of Natural Resources |
24 | | shall be replaced
on the Task Group by a member appointed by |
25 | | the Governor and confirmed by the
Senate. The member appointed |
26 | | to replace the Director of the Department of
Natural Resources |
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1 | | shall have expertise that the Governor determines to be
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2 | | appropriate.
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3 | | (c-3) (Blank). By December 1, 2000, the Department of |
4 | | Nuclear Safety (now the Illinois Emergency Management Agency),
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5 | | in
consultation with the Task Group, waste generators, and any |
6 | | interested
counties and
municipalities and after
holding 3 |
7 | | public hearings throughout the State,
shall prepare a report |
8 | | regarding, at a minimum, the impact and
ramifications, if any, |
9 | | of the following factors and circumstances on the
siting, |
10 | | design, licensure, development, construction, operation, |
11 | | closure, and
post-closure care of a regional disposal facility:
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12 | | (1) the federal, state, and regional programs for the |
13 | | siting,
development,
and operation of disposal facilities |
14 | | for low-level radioactive wastes and the
nature, extent, |
15 | | and likelihood of any legislative or administrative |
16 | | changes to
those programs;
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17 | | (2) (blank);
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18 | | (3) the current and most reliable projections |
19 | | regarding the costs of the
siting, design, development, |
20 | | construction, operation, closure, decommissioning,
and |
21 | | post-closure care of a regional disposal facility;
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22 | | (4) the current and most reliable estimates of the |
23 | | total volume of
low-level radioactive waste that will be |
24 | | disposed at a regional disposal
facility in Illinois and |
25 | | the projected annual volume amounts;
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26 | | (5) the nature and extent of the available, if any, |
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1 | | storage and
disposal facilities outside the region of the |
2 | | Compact for storage and disposal
of low-level radioactive |
3 | | waste generated from within the region of the Compact;
and
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4 | | (6) the development and implementation of a voluntary |
5 | | site selection
process in which land may be volunteered for |
6 | | the regional disposal facility
jointly by landowners and |
7 | | (i) the municipality in which the land is located,
(ii) |
8 | | every municipality within 1 1/2 miles of the land if the |
9 | | land is
not within a municipality, or (iii) the county or |
10 | | counties in which the land
is located if the land is not |
11 | | within a municipality
and not within 1 1/2 miles of a |
12 | | municipality.
The Director
shall provide copies of the |
13 | | report to the
Governor, the
President and Minority Leader |
14 | | of the Senate, and the Speaker and
Minority
Leader of the |
15 | | House. The Director shall also publish a notice of
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16 | | availability of the report in the State newspaper and make |
17 | | copies of the report
available without charge to the |
18 | | public.
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19 | | (c-5) The Following submittal of the report pursuant to |
20 | | subsection (c-3) of
this
Section, the Agency may adopt rules |
21 | | establishing a
site selection process for a the regional |
22 | | disposal facility. In
developing rules, the Agency
shall, at a |
23 | | minimum, consider the following:
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24 | | (1) A comprehensive and open process under which the |
25 | | land for sites
recommended and proposed by the contractor |
26 | | under subsection (e) of this
Section shall be volunteered |
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1 | | lands as provided in this Section. Land may be
volunteered
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2 | | for the regional disposal facility jointly by landowners |
3 | | and (i) the
municipality in which the land is located, (ii) |
4 | | every municipality with
1 1/2 miles of the land if the land |
5 | | is not within a municipality, or
(iii) the county or |
6 | | counties in which the land is located if the land is not
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7 | | within a municipality and not within 1 1/2 miles of a
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8 | | municipality.
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9 | | (2) Utilization of the State screening and volunteer |
10 | | site evaluation reports
report prepared by the Scientific |
11 | | Surveys under subsection (c) of this
Section for the |
12 | | purpose of determining whether proposed sites appear |
13 | | likely to
satisfy the site selection criteria.
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14 | | (3) Coordination of the site selection process with the |
15 | | projected annual
and total volume of low-level radioactive |
16 | | waste to be disposed at the regional
disposal facility as
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17 | | identified in the report prepared under subsection (c-3) of |
18 | | this Section .
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19 | | The site selection process established under this |
20 | | subsection shall require
the contractor selected by the Agency |
21 | | pursuant to Sections 5 and 10 of this
Act to propose one site |
22 | | to the Agency Task Group for approval under subsections (d)
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23 | | through (i) of this Section .
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24 | | No proposed site shall be selected as the site for the |
25 | | regional
disposal facility unless it satisfies the site |
26 | | selection criteria established
by the Task Group under |
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1 | | subsection (b) of this Section.
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2 | | (d) The contractor selected by the Agency under Sections 5 |
3 | | and
10
of this Act shall conduct evaluations,
including |
4 | | possible intrusive field investigations, of the sites and |
5 | | locations
identified under the site selection process |
6 | | established under subsection
(c-5) of this Section.
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7 | | (e) Upon completion of the site evaluations,
the
contractor |
8 | | selected by the Agency shall identify one site of at least 640
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9 | | acres that appears
promising for development of the regional |
10 | | disposal facility in compliance
with the site selection |
11 | | criteria established by the Task Group pursuant to
subsection |
12 | | (b) of this Section . The
contractor may conduct any other |
13 | | evaluation of the site identified under
this subsection that |
14 | | the contractor deems appropriate to determine whether
the site |
15 | | satisfies the criteria adopted under subsection
(b) of this |
16 | | Section . Upon
completion of the evaluations under this |
17 | | subsection, the
contractor shall
prepare and submit to the |
18 | | Agency a report on the evaluation of the
identified site, |
19 | | including a recommendation as to whether the identified site
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20 | | should be further considered for selection as a site for the
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21 | | regional disposal facility. A site so recommended for further
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22 | | consideration is hereinafter referred to as a "proposed site".
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23 | | (f) (Blank). A report completed under subsection (e) of |
24 | | this Section that
recommends a proposed site shall also be |
25 | | submitted
to the chairman of the Task Group. Within 45 days |
26 | | following receipt of a
report, the chairman of the Task Group |
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1 | | shall
publish in newspapers of general circulation in the |
2 | | county or counties in
which a proposed site is located a notice |
3 | | of the availability of the report and a notice of
a
public |
4 | | meeting. The chairman of the Task Group shall also, within the |
5 | | 45-day
period, provide copies of
the report and the notice to |
6 | | the Governor, the President and Minority Leader of
the Senate, |
7 | | the Speaker and Minority Leader of the House, members of the
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8 | | General Assembly from the legislative district or districts in |
9 | | which a
proposed site is located,
the county board or boards of |
10 | | the county or counties containing
a proposed site, and each |
11 | | city, village, and
incorporated town within a 5 mile radius of |
12 | | a proposed site. The chairman
of the Task Group shall make |
13 | | copies of
the report available without charge to the public.
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14 | | (g) The The chairman of the Task Group shall convene at |
15 | | least one
public meeting on each proposed site. At the public |
16 | | meeting
or meetings,
the contractor selected by the Agency |
17 | | shall present the results of the
evaluation of the proposed |
18 | | site.
The Task Group shall receive such other written and oral |
19 | | information about
the proposed site that may be submitted at |
20 | | the meeting.
Following the meeting, the
Task Group shall decide |
21 | | whether the proposed site satisfies the criteria adopted
under |
22 | | subsection (b) of this Section. If the Task Group determines |
23 | | that
the proposed site does not satisfy the criteria, the |
24 | | Agency may require a
contractor to submit a further report |
25 | | pursuant to subsection (e) of this
Section proposing another |
26 | | site from the locations identified under the site
selection |
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1 | | process established pursuant to subsection (c-5) of this |
2 | | Section as likely to satisfy the criteria. The Following notice |
3 | | and
distribution of the report as required by subsection (f) of |
4 | | this Section, the
new proposed site shall be the subject
of a |
5 | | public meeting under this subsection. The contractor selected |
6 | | by the Agency
shall
propose
additional sites , and the Task |
7 | | Group shall conduct additional public
meetings, until the |
8 | | Agency Task Group has approved a proposed site recommended by a
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9 | | contractor as satisfying the
criteria adopted under subsection |
10 | | (b) of this Section . In the event that the Agency
Task Group |
11 | | does not approve any of the proposed sites recommended by the
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12 | | contractor under this subsection , as satisfying the criteria |
13 | | adopted under
subsection (b) of this Section, the Task Group |
14 | | shall immediately suspend all
work and the Agency shall prepare |
15 | | a study containing, at a minimum, the Agency's
recommendations |
16 | | regarding the viability of the site selection
process |
17 | | established pursuant to this Act , based on the factors and
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18 | | circumstances
specified in items (1) through (6) of subsection |
19 | | (c-3) of Section 10.2 . The Agency
shall provide copies of the |
20 | | study to the Governor, the President and
Minority Leader of the |
21 | | Senate, and the Speaker and Minority Leader of the
House. The |
22 | | Agency shall also publish a notice of availability of the study
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23 | | in the State newspaper and make copies of the report available |
24 | | without charge
to the public.
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25 | | (h) (Blank).
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26 | | (i) Upon the Agency's approval Task Group's decision that a |
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1 | | proposed site satisfies the
criteria adopted under subsection |
2 | | (b) of this Section , the contractor shall
proceed with the |
3 | | characterization and licensure of the proposed site under
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4 | | Section 10.3 of this Act and the Task Group shall immediately |
5 | | suspend all
work, except as otherwise specifically required in |
6 | | subsection (b) of Section
10.3 of this
Act .
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7 | | (Source: P.A. 95-777, eff. 8-4-08.)
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8 | | (420 ILCS 20/10.3) (from Ch. 111 1/2, par. 241-10.3)
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9 | | Sec. 10.3. Site characterization; license application; |
10 | | adjudicatory
hearing; exclusivity. |
11 | | (a) If the contractor chosen under Sections 5 and 10 , |
12 | | following characterization, determines that the
proposed site |
13 | | is appropriate for the development of a
regional disposal |
14 | | facility, (i) the
contractor shall submit
to the Agency an |
15 | | application for a license to
construct and operate the facility |
16 | | at the selected site and (ii) the Task
Group shall be abolished |
17 | | and its records transferred to the Agency .
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18 | | (b) If the contractor determines, following or at any time |
19 | | during
characterization of a the site proposed under Section |
20 | | 10.2 of this Act , that the
proposed site is not appropriate for |
21 | | the development of a regional disposal facility, the Agency
may |
22 | | require the contractor to propose an additional site to the
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23 | | Task Group from the locations identified under the site |
24 | | selection process
established under subsection (c-5) of |
25 | | Section 10.2 that is likely to satisfy
the
criteria
adopted |
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1 | | under subsection (b) of Section 10.2 . The new proposed site |
2 | | shall
be the
subject of public notice, distribution, and public |
3 | | meeting conducted by the Agency
Task Group under the procedures |
4 | | set forth in subsections (f) and (g) of
Section
10.2
of this |
5 | | Act. The contractor selected by the Agency shall propose
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6 | | additional sites and the Agency Task Group shall conduct |
7 | | additional public meetings
until (i) the Task Group has |
8 | | approved a proposed site recommended by a
contractor as |
9 | | satisfying the criteria adopted under subsection (b) of Section
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10 | | 10.2, and
(ii) the contractor has determined, following |
11 | | characterization, that the site
is appropriate for the |
12 | | development of the regional disposal facility. Upon the
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13 | | selection of a proposed site under this subsection, (i) the |
14 | | contractor shall
submit to the Agency an application for a |
15 | | license to construct and operate
a regional disposal facility |
16 | | at the selected site and (ii) the Task Group shall
be abolished |
17 | | and its records transferred to the Agency .
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18 | | (c) The Agency shall review the license application filed |
19 | | pursuant to
Section 8 and subsections (a) and (b) of this |
20 | | Section in accordance
with its rules and the agreement between |
21 | | the State of Illinois and the
Nuclear Regulatory Commission |
22 | | under Section 274 of the Atomic Energy Act.
If the Agency |
23 | | determines that the license should be issued, the Agency
shall |
24 | | publish in the State newspaper a notice of intent to issue
the |
25 | | license. Objections to issuance of the license may be filed |
26 | | within 90
days of publication of the notice. Upon receipt of |
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1 | | objections, the
Director shall appoint a hearing officer who |
2 | | shall conduct an adjudicatory
hearing on the objections. The |
3 | | burden of proof at the hearing shall be on
the person filing |
4 | | the objections. Upon completion of the hearing, the
hearing |
5 | | officer shall recommend to the Director whether the license |
6 | | should
be issued. The decision of the Director to issue or deny |
7 | | the
license may be appealed under Section 18.
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8 | | (d) The procedures, criteria, terms, and conditions set |
9 | | forth in this Act,
and in the rules adopted under this Act, for |
10 | | the treatment,
storage, and disposal of low-level radioactive |
11 | | waste and for the siting,
licensure, design, construction, |
12 | | maintenance, operation, closure,
decommissioning, and |
13 | | post-closure care of the regional disposal facility shall
be |
14 | | the exclusive procedures, criteria, terms, and conditions for
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15 | | those matters.
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16 | | (Source: P.A. 95-777, eff. 8-4-08.)
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17 | | (420 ILCS 20/12.1) (from Ch. 111 1/2, par. 241-12.1)
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18 | | Sec. 12.1. Grants; community agreements.
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19 | | (a) The Director may make grants to the county or counties |
20 | | containing
a site proposed under subsection (d) of Section 10.2 |
21 | | and may make
grants to any
municipality containing or within |
22 | | 1.5 miles of a proposed site. The grants
may be used for any |
23 | | lawful purposes, including technical reviews of the
proposed |
24 | | site and participation in public meetings the meeting held |
25 | | during the site selection process under
subsection (g) of |
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1 | | Section
10.2 .
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2 | | (b) The Director may make grants to the county or counties |
3 | | containing a
site to be characterized under Section 10.3 and |
4 | | may make a grant to any municipality
containing or within 1.5 |
5 | | miles of any such site. The grants may be
used for any
lawful |
6 | | purposes, including review of site characterization work,
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7 | | participation in an adjudicatory hearing under subsection (c) |
8 | | of Section
10.3, and negotiation of an agreement under |
9 | | subsection (c) of this Section.
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10 | | (c) The Director may enter into one or more community
|
11 | | agreements with the county or counties
containing a site for |
12 | | which a license application has been submitted under
Section |
13 | | 10.3. The Director may also enter into one or more community
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14 | | agreements with any
municipality containing or within 1.5 miles |
15 | | of a site for which a license
application has been submitted |
16 | | under Section 10.3. An agreement
under this subsection may
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17 | | include, but need not be limited to, matters of technical and |
18 | | socioeconomic
concern regarding the development, operation, |
19 | | closure, and post-closure
care of the disposal facility to be |
20 | | constructed at the site.
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21 | | (Source: P.A. 90-29, eff. 6-26-97.)
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22 | | (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
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23 | | Sec. 14. Waste management funds.
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24 | | (a) There is hereby created in the State
Treasury a special |
25 | | fund to be known as the "Low-Level Radioactive Waste
Facility |
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1 | | Development and Operation Fund".
All monies within the |
2 | | Low-Level Radioactive Waste Facility Development and
Operation |
3 | | Fund shall be invested by the State Treasurer in accordance |
4 | | with
established investment practices. Interest earned by such |
5 | | investment shall be
returned to the Low-Level Radioactive Waste |
6 | | Facility Development and Operation
Fund.
Except as otherwise |
7 | | provided in
this subsection, the Agency shall deposit 80%
of |
8 | | all receipts from the fees required under subsections (a) and |
9 | | (b)
of Section 13 in the State Treasury to the credit of this |
10 | | Fund. Beginning
July 1, 1997, and until December 31 of the year |
11 | | in which the Agency Task Group
approves a proposed site under |
12 | | Section 10.3, the Agency Department
shall deposit all fees |
13 | | collected under subsections (a)
and (b) of Section 13 of this |
14 | | Act into the
Fund. Subject to appropriation, the Agency is |
15 | | authorized to expend all
moneys in the Fund in amounts it deems |
16 | | necessary
for:
|
17 | | (1) hiring personnel and any other operating and |
18 | | contingent expenses
necessary for the proper |
19 | | administration of this Act;
|
20 | | (2) contracting with any firm for the purpose of |
21 | | carrying out the
purposes of this Act;
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22 | | (3) grants to the Central Midwest Interstate Low-Level |
23 | | Radioactive Waste
Commission;
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24 | | (4) hiring personnel, contracting with any person, and |
25 | | meeting any
other expenses incurred by the Agency in |
26 | | fulfilling its
responsibilities under the Radioactive |
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1 | | Waste Compact Enforcement Act;
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2 | | (5) activities under Sections 10, 10.2 and 10.3;
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3 | | (6) payment of fees in lieu of taxes to a local |
4 | | government
having within
its boundaries a regional |
5 | | disposal facility;
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6 | | (7) payment of grants to counties or municipalities |
7 | | under
Section 12.1; and
|
8 | | (8) fulfillment of obligations under a community |
9 | | agreement
under Section 12.1.
|
10 | | In spending monies pursuant to such appropriations, the |
11 | | Agency shall
to the extent practicable avoid duplicating |
12 | | expenditures made by any firm
pursuant to a contract awarded |
13 | | under this Section. On or before March 1,
1989 and on or before |
14 | | October 1
of 1989, 1990, 1991, 1992, and 1993, the Department |
15 | | of Nuclear Safety (now the Illinois Emergency Management |
16 | | Agency) shall deliver to the
Governor, the President and |
17 | | Minority Leader of the Senate, the Speaker and
Minority Leader |
18 | | of the House, and each of the generators that have
contributed |
19 | | during the preceding State fiscal year to the Low-Level
|
20 | | Radioactive Waste Facility Development and Operation Fund a |
21 | | financial
statement, certified and verified by the Director, |
22 | | which details all
receipts and expenditures from the fund |
23 | | during the preceding State fiscal
year; provided that the |
24 | | report due on or before March 1, 1989 shall detail
all receipts |
25 | | and expenditures from the fund during the period from July 1,
|
26 | | 1988 through January 31, 1989. The financial statements shall |
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1 | | identify all
sources of income to the
fund and all recipients |
2 | | of expenditures from the fund, shall specify the
amounts of all |
3 | | the income and expenditures, and shall indicate the amounts
of |
4 | | all the income and expenditures, and shall indicate the purpose |
5 | | for all
expenditures.
|
6 | | (b) There is hereby created in the State Treasury a special |
7 | | fund to be
known as the "Low-Level Radioactive Waste Facility |
8 | | Closure, Post-Closure
Care and Compensation Fund".
All monies |
9 | | within the Low-Level Radioactive Waste Facility Closure,
|
10 | | Post-Closure Care and Compensation Fund shall be invested by |
11 | | the State
Treasurer in accordance with established investment |
12 | | practices. Interest earned
by such investment shall be returned |
13 | | to the Low-Level Radioactive Waste
Facility Closure, |
14 | | Post-Closure Care and Compensation Fund.
The Agency shall |
15 | | deposit 20% of all
receipts from the fees required under |
16 | | subsections (a) and (b) of Section 13
of this Act in the State |
17 | | Treasury to the credit of this Fund, except
that, pursuant to |
18 | | subsection (a) of Section 14 of this Act, there shall be no
|
19 | | such deposit
into this Fund between July 1, 1997 and December |
20 | | 31 of the year in which the Agency
Task Group approves a |
21 | | proposed site pursuant to Section 10.3 of this Act.
All |
22 | | deposits
into this
Fund shall be held by the State Treasurer |
23 | | separate and apart from all
public money or funds of this |
24 | | State. Subject to appropriation, the Agency
is authorized to |
25 | | expend any moneys in this Fund in amounts it deems
necessary |
26 | | for:
|
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1 | | (1) decommissioning and other procedures required for |
2 | | the proper closure
of the regional disposal facility;
|
3 | | (2) monitoring, inspecting, and other procedures |
4 | | required for the proper
closure, decommissioning, and
|
5 | | post-closure care of the regional disposal facility;
|
6 | | (3) taking any remedial actions necessary to protect |
7 | | human health and
the environment from releases or |
8 | | threatened releases of wastes from
the regional disposal |
9 | | facility;
|
10 | | (4) the purchase of facility and third-party liability |
11 | | insurance
necessary during the institutional control |
12 | | period of the regional
disposal facility;
|
13 | | (5) mitigating the impacts of the suspension or |
14 | | interruption of the
acceptance of waste for disposal;
|
15 | | (6) compensating any person suffering any damages or |
16 | | losses to a
person or property caused by a release from the |
17 | | regional disposal facility
as provided
for in Section 15; |
18 | | and
|
19 | | (7) fulfillment of obligations under a community |
20 | | agreement under Section
12.1.
|
21 | | On or before March 1 of each year, the Agency shall deliver |
22 | | to the
Governor, the President and Minority Leader of the |
23 | | Senate, the Speaker and
Minority Leader of the House, and each |
24 | | of the generators that have
contributed during the preceding |
25 | | State fiscal year to the Fund a financial
statement, certified |
26 | | and verified by the Director, which details all
receipts and |
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1 | | expenditures from the Fund during the preceding State fiscal
|
2 | | year. The financial statements shall identify all sources of |
3 | | income to the
Fund and all recipients of expenditures from the |
4 | | Fund, shall specify the
amounts of all the income and |
5 | | expenditures, and shall indicate the amounts
of all the income |
6 | | and expenditures, and shall indicate the purpose for all
|
7 | | expenditures.
|
8 | | (c) (Blank).
|
9 | | (d) The Agency may accept for any of its purposes and |
10 | | functions
any donations, grants of money, equipment, supplies, |
11 | | materials, and services
from any state or the United States, or |
12 | | from any institution, person, firm
or corporation. Any donation |
13 | | or grant of money received after January 1,
1986 shall be |
14 | | deposited in either the Low-Level Radioactive Waste
Facility |
15 | | Development and Operation Fund or the Low-Level Radioactive |
16 | | Waste
Facility Closure, Post-Closure Care and Compensation |
17 | | Fund, in accordance
with the purpose of the grant.
|
18 | | (Source: P.A. 95-777, eff. 8-4-08.)
|