HB3383 103RD GENERAL ASSEMBLY

LRB103 29411 CPF 55802 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3383

Introduced 2/17/2023, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

415 ILCS 5/13.6

Amends the Environmental Protection Act. In provisions concerning the release of radionuclides at nuclear facilities, changes references from nuclear power plants to nuclear facilities. Provides that the Department of Public Health shall be notified in matters of noncommunity water system contamination, and the Environmental Protection Agency shall be notified in matters of community water system contamination. Provides that community water systems designated by the Agency and the Department as utilizing waters contaminated by effluents from nuclear facilities must sample for beta particle and photon radioactivity. Provides that the supplier of water must collect quarterly samples for beta emitters and iodine-131 and annual samples for tritium and strontium-90 at each entry point to the distribution system, or a sampling point, beginning within one quarter after being notified by the Agency or the Department. Provides that systems already designated by the Agency or the Department as systems using waters contaminated by effluents from nuclear facilities must continue to sample until the Agency or the Department reviews and either reaffirms or removes the designation. Makes corresponding changes.

A BILL FOR

AN ACT concerning safety.

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

Section 5. The Environmental Protection Act is amended by changing Section 13.6 as follows:

(415 ILCS 5/13.6)

Sec. 13.6. Release of radionuclides at nuclear facilities power plants.

(a) The purpose of this Section is to require the detection and reporting of unpermitted releases of any radionuclides into groundwater, surface water, or soil at nuclear facilities power plants, to the extent that federal law or regulation does not preempt such requirements.

(b) No owner or operator of a nuclear facility power plant shall violate any rule adopted under this Section.

(c) Within 24 hours after an unpermitted release of a radionuclide from a nuclear facility power plant, the owner or operator of the nuclear facility power plant where the release occurred shall report the release to the Agency and the Illinois Emergency Management Agency. The Department of Public Health shall be notified in matters of noncommunity water system contamination, and the Agency shall be notified in matters of community water system contamination. For purposes of this Section, "unpermitted release of a radionuclide" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a radionuclide into groundwater, surface water, or soil that is not permitted under State or federal law or regulation.

(d) The Agency and the Illinois Emergency Management Agency shall inspect each nuclear facility power plant for compliance with the requirements of this Section and rules adopted pursuant to this Section no less than once each calendar quarter. Nothing in this Section shall limit the Agency's authority to make inspections under Section 4 or any other provision of this Act.

(d-5) The owner or operator of each community water system that is designated by the Agency or the Department of Public Health as utilizing waters that are contaminated by effluents from nuclear facilities, including, but not limited to, those systems that use surface water or groundwater as a source, must sample for beta particle and photon radioactivity. Within one quarter after being notified by the Agency or the Department of Public Health, the owner or operator must collect quarterly samples for beta emitters and iodine-131 and annual samples for tritium and strontium-90 at each entry point to the distribution system or at another approved sampling point. Systems already designated by the Agency or the Department of Public Health as systems using waters contaminated by effluents from nuclear facilities must continue to sample until the Agency or the Department of Public Health reviews and either reaffirms or removes the designation.

(1) Quarterly monitoring for gross beta particle activity shall be based on the analysis of monthly samples or the analysis of a composite of 3 monthly samples, which is recommended.

(2) For iodine-131, a composite of 5 consecutive daily samples shall be analyzed once each quarter. As ordered by the Department of Public Health, more frequent monitoring shall be conducted when iodine-131 is identified in the finished water.

(3) Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a composite of 4 consecutive quarterly samples or analysis of 4 quarterly samples, which is recommended.

(4) For systems in a 5-mile radius of a nuclear facility, the Department of Public Health must monitor at the system's entry point or points to evaluate the level of radionuclide release from a nuclear facility.

(5) Community water systems designated by the Agency to monitor for beta particle and photon radioactivity cannot apply to the Department of Public health for a waiver from the monitoring frequencies.

(e) No later than one year after the effective date of this amendatory Act of the 94th General Assembly, the Agency, in consultation with the Illinois Emergency Management Agency and the Department of Health, shall propose rules to the Board prescribing standards for detecting and reporting unpermitted releases of radionuclides and contaminants within community and noncommunity water supplies. If the level of any contaminant found in water collected within a distribution system or at a sampling point at the entry to a distribution system, poses an unacceptable health risk to consumers, acting alone or in combination with other contaminants, the supplier of water shall take appropriate actions to reduce the level of contaminant concentrations to levels deemed safe or remove the source of supply from service by the deadline specified by the Agency and the Department of Public Health. The supplier of water shall be required to monitor the source, provide public notification, and notify the Agency and the Department of Public Health. No later than one year after receipt of the Agency's proposal, the Board shall adopt rules prescribing standards for detecting and reporting unpermitted releases of radionuclides.

(Source: P.A. 94-849, eff. 6-12-06; 95-66, eff. 8-13-07.)