Full Text of SB2639 094th General Assembly
SB2639 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2639
Introduced 1/20/2006, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
|
45 ILCS 141/25 |
|
45 ILCS 141/30 |
|
45 ILCS 141/31 |
|
|
Amends the Radioactive Waste Compact Enforcement Act to reflect the Illinois Emergency Management Agency's assumption of duties assigned to the Agency's predecessor, the Department of Nuclear Safety. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB2639 |
|
LRB094 14573 RSP 49516 b |
|
| 1 |
| AN ACT concerning safety.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Radioactive Waste Compact Enforcement Act is | 5 |
| amended by changing Sections 25, 30, and 31 as follows:
| 6 |
| (45 ILCS 141/25)
| 7 |
| Sec. 25. Enforcement.
| 8 |
| (a) The Department of Nuclear Safety or its successor | 9 |
| agency, the Illinois Emergency Management Agency, shall adopt | 10 |
| regulations to administer and enforce the
provisions of this | 11 |
| Act. The regulations shall be adopted with the consultation
and | 12 |
| cooperation of the Commission.
| 13 |
| Regulations adopted by the Department or the Agency under | 14 |
| this Act shall prohibit the
shipment into or acceptance of | 15 |
| waste in Illinois if the shipment or acceptance
would result in | 16 |
| a violation of any provision of the Compact or this Act.
| 17 |
| (b) The Department of Nuclear Safety or its successor | 18 |
| agency, the Illinois Emergency Management Agency, may, by | 19 |
| regulation, impose conditions on the shipment
into or | 20 |
| acceptance of waste in Illinois that the Department or the | 21 |
| Agency determines to be
reasonable and necessary to enforce the | 22 |
| provisions of this Act. The
conditions may include, but are not | 23 |
| limited to (i) requiring prior
notification of any proposed | 24 |
| shipment or receipt of waste; (ii) requiring
the shipper or | 25 |
| recipient to identify the location to which the waste will
be | 26 |
| sent for disposal following treatment or storage in Illinois; | 27 |
| (iii)
limiting the time that waste from outside Illinois may be | 28 |
| held in
Illinois; (iv) requiring the shipper or recipient to | 29 |
| post bond or by other
mechanism to assure that radioactive | 30 |
| material will not be treated, stored,
or disposed of in | 31 |
| Illinois in violation of any provision of this Act; (v)
| 32 |
| requiring that the shipper consent to service of process before |
|
|
|
SB2639 |
- 2 - |
LRB094 14573 RSP 49516 b |
|
| 1 |
| shipment of
waste into Illinois.
| 2 |
| (c) The Department of Nuclear Safety or its successor | 3 |
| agency, the Illinois Emergency Management Agency, shall, by | 4 |
| regulation, impose a system of civil
penalties in accordance | 5 |
| with the provisions of this Act. Amounts recovered
under these | 6 |
| regulations shall be deposited in the Low-Level Radioactive
| 7 |
| Waste Facility Development and Operation Fund.
| 8 |
| (d) The regulations adopted by the Department of Nuclear | 9 |
| Safety or its successor agency, the Illinois Emergency | 10 |
| Management Agency, may provide for the
granting of exemptions, | 11 |
| but only upon a showing by the applicant that the
granting of | 12 |
| an exemption would be consistent with the Compact.
| 13 |
| (Source: P.A. 87-1166.)
| 14 |
| (45 ILCS 141/30)
| 15 |
| Sec. 30. Penalties.
| 16 |
| (a) Any person who ships or receives radioactive material | 17 |
| in violation of
any provision of this Act or a regulation of | 18 |
| the Department of Nuclear Safety or its successor agency, the | 19 |
| Illinois Emergency Management Agency, adopted under this
Act | 20 |
| shall be subject to a civil penalty not to exceed $100,000 per | 21 |
| occurrence.
| 22 |
| (b) Any person who fails to pay a civil penalty imposed by | 23 |
| regulations
adopted under this Act, or any portion of the | 24 |
| penalty, shall be liable in a
civil action in an amount not to | 25 |
| exceed 4 times the amount imposed and not
paid.
| 26 |
| (c) Any person who intentionally violates a provision of | 27 |
| subsection
(a)(1), (a)(2), (a)(3), (a)(4) or (a)(6) of Section | 28 |
| 20 of this Act shall
be guilty of a Class 4 felony.
| 29 |
| (d) At the request of the Department of Nuclear Safety or | 30 |
| its successor agency, the Illinois Emergency Management | 31 |
| Agency , the Attorney General shall, on
behalf of the State, | 32 |
| bring an action for the recovery of any civil penalty
or the | 33 |
| prosecution of any criminal offense provided for by this Act. | 34 |
| Any
civil penalties so recovered shall be deposited in the | 35 |
| Low-Level
Radioactive Waste Facility Development and Operation |
|
|
|
SB2639 |
- 3 - |
LRB094 14573 RSP 49516 b |
|
| 1 |
| Fund.
| 2 |
| (Source: P.A. 87-1166.)
| 3 |
| (45 ILCS 141/31)
| 4 |
| Sec. 31. The Department of Nuclear Safety or its successor | 5 |
| agency, the Illinois Emergency Management Agency, may accept | 6 |
| donations of money, equipment,
supplies, materials, and | 7 |
| services from any person for accomplishing the
purposes of this | 8 |
| Act. Any donation of money shall be deposited in the
Low-Level | 9 |
| Radioactive Waste Facility Development and Operation Fund and
| 10 |
| shall be expended by the Department only in accordance with the | 11 |
| purposes of
the donation.
| 12 |
| (Source: P.A. 87-1166.)
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
|
|