Full Text of SB2646 94th General Assembly
SB2646 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2646
Introduced 1/20/2006, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
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420 ILCS 37/5 |
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420 ILCS 37/10 |
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420 ILCS 37/15 |
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Amends the Radioactive Waste Tracking and Permitting 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.
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A BILL FOR
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SB2646 |
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LRB094 14567 RSP 49510 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Radioactive Waste Tracking and Permitting | 5 |
| Act is amended by
changing Sections 5, 10, and 15 as follows:
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| (420 ILCS 37/5)
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| Sec. 5. Legislative findings.
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| (a) The General Assembly finds:
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| (1) that a considerable volume of wastes are produced | 10 |
| in this State with
even greater volumes to be produced in | 11 |
| the future;
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| (2) that these wastes pose a significant risk to the | 13 |
| public health, safety
and welfare of the people of | 14 |
| Illinois; and
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| (3) that it is the obligation of the State of Illinois | 16 |
| to its citizens to
provide for the safe management of the | 17 |
| wastes produced within its borders.
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| (b) It is the intent of this Act to authorize the
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| Department of
Nuclear
Safety or its successor agency, the | 20 |
| Illinois Emergency Management Agency, to establish, by | 21 |
| regulation, a tracking system for the regulation of
the
use of | 22 |
| facilities licensed under Section 8 of the Illinois Low-Level
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| Radioactive Waste Management Act.
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| (Source: P.A. 88-616, eff. 9-9-94.)
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| (420 ILCS 37/10)
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| Sec. 10. Definitions.
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| (a) "Agency" means the Illinois Emergency Management | 28 |
| Agency.
"Department" means the Department of Nuclear
Safety.
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| (b) (Blank).
"Director" means the Director of the
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| Department of Nuclear Safety.
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| (c) "Disposal" means the isolation of waste from the |
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SB2646 |
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LRB094 14567 RSP 49510 b |
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| biosphere in a
permanent facility designed for that purpose.
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| (d) "Facility" means a parcel of land or a site, together | 3 |
| with structures,
equipment, and improvements on or appurtenant | 4 |
| to the land or site, that is used
or is being developed for the | 5 |
| treatment, storage, or disposal of low-level
radioactive | 6 |
| waste.
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| (e) "Low-level radioactive waste" or "waste" means | 8 |
| radioactive waste not
classified as (1) high-level radioactive | 9 |
| waste, (2) transuranic waste, (3)
spent nuclear fuel, or (4) | 10 |
| by-product material as defined in Section 11e(2) of
the Atomic | 11 |
| Energy Act. This definition shall apply notwithstanding any
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| declaration by the federal government or a state that any | 13 |
| radioactive material
is exempt from any regulatory control.
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| (f) "Person" means an individual, corporation, business | 15 |
| enterprise, or other
legal entity, public or private, or any | 16 |
| legal successor, representative, agent,
or agency of that | 17 |
| individual, corporation, business enterprise, or legal
entity.
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| (g) "Regional facility" or "disposal facility" means a | 19 |
| facility that is
located in Illinois and established by | 20 |
| Illinois, under designation of Illinois
as a
host state by the | 21 |
| Commission for disposal of waste.
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| (h) "Storage" means the temporary holding of waste for | 23 |
| treatment or
disposal for a period determined by Agency
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| Department regulations.
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| (i) "Treatment" means any method, technique, or process, | 26 |
| including storage
for radioactive decay, that is designed to | 27 |
| change the physical, chemical, or
biological characteristics | 28 |
| or composition of any waste in order to render the
waste safer | 29 |
| for transport, storage, or disposal, amenable to recovery,
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| convertible to another usable material, or reduced in volume.
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| (Source: P.A. 88-616, eff. 9-9-94.)
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| (420 ILCS 37/15)
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| Sec. 15. Permit requirements for the storage, treatment, | 34 |
| and disposal of
waste at a disposal facility.
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| (a) Upon adoption of regulations under subsection (c) of |
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| this Section,
no person
shall deposit any low-level radioactive | 2 |
| waste at a storage, treatment, or
disposal facility in Illinois | 3 |
| licensed under Section 8 of the Illinois
Low-Level Radioactive | 4 |
| Waste Management Act without a permit granted by the
Department | 5 |
| of Nuclear Safety or by its successor agency, the Illinois
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| Emergency
Management Agency .
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| (b) Upon adoption of regulations under subsection (c) of | 8 |
| this Section,
no person
shall operate a storage, treatment, or | 9 |
| disposal facility licensed under Section
8 of the Illinois | 10 |
| Low-Level Radioactive Waste Management Act without a permit
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| granted by the Department of Nuclear Safety or by its successor | 12 |
| agency, the
Illinois
Emergency Management Agency .
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| (c) The Agency
Department of Nuclear Safety shall adopt | 14 |
| regulations
providing
for the
issuance, suspension, and | 15 |
| revocation of permits required under subsections (a)
and (b) of | 16 |
| this Section. The regulations may provide a system for tracking
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| low-level radioactive
waste to ensure that waste that other | 18 |
| states are responsible for disposing of
under federal law does | 19 |
| not become the responsibility of the State of Illinois.
The | 20 |
| regulations shall be consistent with the Federal Hazardous | 21 |
| Materials
Transportation Act.
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| (d) The Agency
Department may enter into a contract or | 23 |
| contracts for
operation of
the system for tracking low-level | 24 |
| radioactive waste as provided in subsection
(c) of this | 25 |
| Section.
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| (e) A person who violates this Section or any regulation | 27 |
| promulgated under
this Section shall be subject to a civil | 28 |
| penalty, not to exceed $10,000, for
each violation. Each day a | 29 |
| violation continues shall constitute a separate
offense. A | 30 |
| person who fails to pay a civil penalty imposed by a regulation
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| adopted under this Section, or any portion of the penalty, is | 32 |
| liable in a civil
action in an amount not to exceed 4 times the | 33 |
| amount imposed and not paid. At
the request of the Agency
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| Department , the Attorney General shall, on
behalf of the
State, | 35 |
| bring an action for the recovery of any civil penalty provided | 36 |
| for by
this Section. Any civil penalties so recovered shall be |
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| deposited in the
Low-Level Radioactive Waste Facility Closure, | 2 |
| Post-Closure Care and
Compensation Fund.
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| (Source: P.A. 88-616, eff. 9-9-94.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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