Full Text of SB2647 94th General Assembly
SB2647 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2647
Introduced 1/20/2006, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
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420 ILCS 20/3 |
from Ch. 111 1/2, par. 241-3 |
420 ILCS 20/4 |
from Ch. 111 1/2, par. 241-4 |
420 ILCS 20/5 |
from Ch. 111 1/2, par. 241-5 |
420 ILCS 20/6 |
from Ch. 111 1/2, par. 241-6 |
420 ILCS 20/7 |
from Ch. 111 1/2, par. 241-7 |
420 ILCS 20/8 |
from Ch. 111 1/2, par. 241-8 |
420 ILCS 20/9 |
from Ch. 111 1/2, par. 241-9 |
420 ILCS 20/10 |
from Ch. 111 1/2, par. 241-10 |
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 20/11 |
from Ch. 111 1/2, par. 241-11 |
420 ILCS 20/13 |
from Ch. 111 1/2, par. 241-13 |
420 ILCS 20/14 |
from Ch. 111 1/2, par. 241-14 |
420 ILCS 20/15 |
from Ch. 111 1/2, par. 241-15 |
420 ILCS 20/17 |
from Ch. 111 1/2, par. 241-17 |
420 ILCS 20/18 |
from Ch. 111 1/2, par. 241-18 |
420 ILCS 20/21.1 |
from Ch. 111 1/2, par. 241-21.1 |
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Amends the Illinois Low-Level Radioactive Waste Management 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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SB2647 |
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LRB094 14569 RSP 49512 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 Illinois Low-Level Radioactive Waste | 5 |
| Management Act is
amended by changing Sections 3, 4, 5, 6, 7, | 6 |
| 8, 9, 10, 10.2, 10.3, 11, 12.1, 13,
14, 15, 17, 18, and 21.1 as | 7 |
| follows:
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| (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
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| Sec. 3. Definitions.
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| (a) "Broker" means any person who takes possession of | 11 |
| low-level waste for
purposes of consolidation and shipment.
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| (b) "Compact" means the Central Midwest Interstate | 13 |
| Low-Level Radioactive
Waste Compact.
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| (c) "Decommissioning" means the measures taken at the end | 15 |
| of a facility's
operating life to assure the continued | 16 |
| protection of the public from any
residual radioactivity or | 17 |
| other potential hazards present at a facility.
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| (d) "Agency"
"Department" means the Illinois Emergency | 19 |
| Management Agency
Department of Nuclear Safety .
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| (e) "Director" means the Director of the Department of | 21 |
| Nuclear Safety or the Director of the Emergency Management | 22 |
| Agency (as successor to the Director of Nuclear Safety) .
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| (f) "Disposal" means the isolation of waste from the | 24 |
| biosphere in a
permanent facility designed for that purpose.
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| (g) "Facility" means a parcel of land or site, together | 26 |
| with structures,
equipment and improvements on or appurtenant | 27 |
| to the land or site, which
is used or is being developed for | 28 |
| the treatment, storage or disposal of
low-level radioactive | 29 |
| waste. "Facility" does not include lands, sites,
structures or | 30 |
| equipment used by a generator in the generation of low-level
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| radioactive wastes.
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| (h) "Generator" means any person who produces or possesses |
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| low-level
radioactive waste in the course of or incident to | 2 |
| manufacturing, power
generation, processing, medical diagnosis | 3 |
| and treatment, research,
education or other activity.
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| (i) "Hazardous waste" means a waste, or combination of | 5 |
| wastes, which
because of its quantity, concentration, or | 6 |
| physical, chemical, or
infectious characteristics may cause or | 7 |
| significantly contribute to an
increase in mortality or an | 8 |
| increase in serious, irreversible, or
incapacitating | 9 |
| reversible, illness; or pose a substantial present or
potential | 10 |
| hazard to human health or the environment when improperly
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| treated, stored, transported, or disposed of, or otherwise | 12 |
| managed, and
which has been identified, by characteristics or | 13 |
| listing, as hazardous
under Section 3001 of the Resource | 14 |
| Conservation and Recovery Act of
1976, P.L. 94-580 or under | 15 |
| regulations of the Pollution Control Board.
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| (j) "High-level radioactive waste" means:
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| (1) the highly radioactive material resulting from the | 18 |
| reprocessing of
spent nuclear fuel including liquid waste | 19 |
| produced directly in reprocessing
and any solid material | 20 |
| derived from the liquid waste that contains fission
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| products in sufficient concentrations; and
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| (2) the highly radioactive material that the Nuclear | 23 |
| Regulatory
Commission has determined, on the effective | 24 |
| date of this Amendatory Act of
1988, to be high-level | 25 |
| radioactive waste requiring permanent isolation.
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| (k) "Low-level radioactive waste" or "waste" means | 27 |
| radioactive waste not
classified as high-level radioactive | 28 |
| waste, transuranic waste, spent nuclear
fuel or byproduct | 29 |
| material as defined in Section 11e(2) of the Atomic Energy
Act | 30 |
| of 1954 (42 U.S.C. 2014).
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| (l) "Mixed waste" means waste that is both "hazardous | 32 |
| waste" and "low-level
radioactive waste" as defined in this | 33 |
| Act.
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| (m) "Person" means an individual,
corporation, business | 35 |
| enterprise or other legal entity either public or private
and | 36 |
| any legal successor, representative, agent or agency of that |
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| individual,
corporation, business enterprise, or legal entity.
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| (n) "Post-closure care" means the continued monitoring of | 3 |
| the regional
disposal facility after closure for the purposes | 4 |
| of detecting a need for
maintenance, ensuring environmental | 5 |
| safety, and determining compliance with
applicable licensure | 6 |
| and regulatory requirements, and includes undertaking any
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| remedial actions necessary to protect public health and the | 8 |
| environment from
radioactive releases from the facility.
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| (o) "Regional disposal facility" or "disposal facility" | 10 |
| means the
facility established by the State of Illinois under | 11 |
| this Act for disposal
away from the point of generation of | 12 |
| waste
generated in the region of the Compact.
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| (p) "Release" means any spilling, leaking, pumping, | 14 |
| pouring, emitting,
emptying, discharging, injecting, escaping, | 15 |
| leaching, dumping or disposing
into the environment of | 16 |
| low-level radioactive waste.
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| (q) "Remedial action" means those actions taken in the | 18 |
| event of a release
or threatened release of low-level | 19 |
| radioactive waste into the environment,
to prevent or minimize | 20 |
| the release of the waste so that it does not migrate
to cause | 21 |
| substantial danger to present or future public health or | 22 |
| welfare
or the environment. The term includes, but is not | 23 |
| limited to, actions
at the location of the release such as | 24 |
| storage, confinement, perimeter
protection using dikes, | 25 |
| trenches or ditches, clay cover, neutralization,
cleanup of | 26 |
| released low-level radioactive wastes, recycling or reuse,
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| dredging or excavations, repair or replacement of leaking | 28 |
| containers,
collection of leachate and runoff, onsite | 29 |
| treatment or incineration,
provision of alternative water | 30 |
| supplies and any monitoring reasonably
required to assure that | 31 |
| these actions protect human health and the environment.
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| (q-5) "Scientific Surveys" means, collectively, the State | 33 |
| Geological
Survey
Division and the State Water Survey Division | 34 |
| of the Department of
Natural Resources.
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| (r) "Shallow land burial" means a land disposal facility in | 36 |
| which
radioactive waste is disposed of in or within the upper |
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| 30 meters of the
earth's surface. However, this definition | 2 |
| shall not include an enclosed,
engineered, structurally | 3 |
| re-enforced and solidified bunker that extends
below the | 4 |
| earth's surface.
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| (s) "Storage" means the temporary holding of waste for | 6 |
| treatment or
disposal for a period determined by Agency
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| Department regulations.
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| (t) "Treatment" means any method, technique or process, | 9 |
| including storage
for radioactive decay, designed to change the | 10 |
| physical, chemical or biological
characteristics or | 11 |
| composition of any waste in order to render the waste
safer for | 12 |
| transport, storage or disposal, amenable to recovery, | 13 |
| convertible
to another usable material or reduced in volume.
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| (u) "Waste management" means the storage, transportation, | 15 |
| treatment or
disposal of waste.
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| (Source: P.A. 90-29, eff. 6-26-97 .)
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| (420 ILCS 20/4) (from Ch. 111 1/2, par. 241-4)
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| Sec. 4. Generator and broker registration.
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| (a) All generators
and brokers of any amount of
low-level | 21 |
| radioactive waste in Illinois shall register with the Agency
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| Department
of Nuclear Safety . Generators shall register within
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| 60 days of the commencement of generating any low-level | 24 |
| radioactive wastes.
Brokers shall register within 60 days of | 25 |
| taking
possession of any low-level radioactive waste. Such | 26 |
| registration shall
be on a form developed by
the Agency
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| Department and shall
contain the name, address and officers of | 28 |
| the generator or broker, information
on
the types and amounts | 29 |
| of wastes produced or possessed and any other
information | 30 |
| required
by the Agency
Department .
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| (b) All registered generators and brokers of any amount of | 32 |
| low-level
radioactive waste in Illinois
shall file an annual | 33 |
| report with the
Agency
Department . The annual report for | 34 |
| generators shall contain
information
on the types and
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| quantities of low-level wastes produced in the previous year |
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| and expected
to be produced in the future, the methods used to | 2 |
| manage these
wastes, the
technological feasibility, economic | 3 |
| reasonableness and environmental soundness
of alternative | 4 |
| treatment, storage and disposal methods and any other
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| information
required by the Agency
Department . The annual | 6 |
| report for brokers shall
contain
information on the types and | 7 |
| quantities of low-level radioactive wastes
received and
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| shipped, identification of the generators from whom such wastes | 9 |
| were
received, and the destination of shipments of such wastes.
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| (c) All registration forms and annual reports required to | 11 |
| be filed with
the Agency
Department shall be made available to | 12 |
| the public for
inspection and
copying.
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| (Source: P.A. 90-29, eff. 6-26-97.)
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| (420 ILCS 20/5) (from Ch. 111 1/2, par. 241-5)
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| Sec. 5. Requirements for disposal facility contractors; | 16 |
| operating
agreements.
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| (a) The Department of Nuclear Safety or its successor | 18 |
| agency, the Illinois
Emergency Management Agency, shall | 19 |
| promulgate rules and regulations
establishing
standards | 20 |
| applicable to the selection of a contractor or contractors for | 21 |
| the
design, development, construction, and operation of a | 22 |
| low-level radioactive
waste disposal facility away from the | 23 |
| point of generation necessary to protect
human health and the | 24 |
| environment. The regulations shall establish, but need
not be | 25 |
| limited to, the following:
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| (1) The number of contractors to design, develop, and | 27 |
| operate a
low-level radioactive waste disposal facility;
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| (2) Requirements and standards relating to the | 29 |
| financial integrity of the
firm;
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| (3) Requirements and standards relating to the | 31 |
| experience and performance
history of the firm in the | 32 |
| design, development, construction and operation of
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| low-level radioactive waste disposal facilities; and
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| (4) Requirements and standards for the qualifications | 35 |
| of the employees of
the firm.
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| The Department or the Agency shall hold at least one public | 2 |
| hearing
before promulgating
the regulations.
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| (b) The Department or the Agency may enter into one or more | 4 |
| operating
agreements
with a qualified operator of the regional | 5 |
| disposal facility, which agreement
may contain such provisions | 6 |
| with respect to the construction, operation,
closure, and | 7 |
| post-closure maintenance of the regional disposal facility by | 8 |
| the
operator as the Department or the Agency shall determine, | 9 |
| including,
without limitation, (i)
provisions leasing, or | 10 |
| providing for the lease of, the site to the operator and
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| authorizing the operator to construct, own and operate the | 12 |
| facility and to
transfer the facility to the Department or the | 13 |
| Agency
the following
the closure
and any additional
years of | 14 |
| post-closure maintenance that the Department or the Agency
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| shall
determine; (ii)
provisions granting exclusive rights to | 16 |
| the operator with respect to the
disposal of low-level | 17 |
| radioactive waste in this State during the term of the
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| operating agreement; (iii) provisions authorizing the operator | 19 |
| to impose fees
upon all persons using the facility as provided | 20 |
| in this Act and providing for
the Department or the Agency to | 21 |
| audit the charges of the operator under the
operating
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| agreement; and (iv) provisions relating to the obligations of | 23 |
| the operator and
the Department or the Agency in the event of | 24 |
| any closure of the facility or
any termination
of the operating | 25 |
| agreement.
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| (Source: P.A. 90-29, eff. 6-26-97.)
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| (420 ILCS 20/6) (from Ch. 111 1/2, par. 241-6)
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| Sec. 6. Requirements for disposal facility.
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| (a) The Department of Nuclear Safety or its successor | 30 |
| agency, the Illinois Emergency Management Agency, shall as it
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| deems necessary to protect human health and the environment,
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| promulgate rules and regulations establishing standards | 33 |
| applicable to
the regional disposal facility. The rules
and | 34 |
| regulations shall reflect the best available management | 35 |
| technologies which
are economically reasonable, |
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| technologically feasible and environmentally sound
for the | 2 |
| disposal of the wastes and shall establish, but need not be | 3 |
| limited to
the establishment of:
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| (1) requirements and performance standards for the | 5 |
| design, construction,
operation, maintenance and | 6 |
| monitoring of the low-level radioactive waste
disposal | 7 |
| facility;
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| (2) requirements and standards for the keeping of | 9 |
| records and the
reporting and retaining of data collected | 10 |
| by the contractor selected to
operate the disposal
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| facility;
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| (3) requirements and standards for the technical | 13 |
| qualifications of the
personnel of the contractor selected | 14 |
| to develop and operate the disposal
facility;
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| (4) requirements and standards for establishing the | 16 |
| financial
responsibility of the contractor selected to | 17 |
| operate the
disposal facility;
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| (5) requirements and standards for the emergency | 19 |
| closure of the
disposal facility; and
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| (6) requirements and standards for the closure, | 21 |
| decommissioning and
post-closure care, monitoring, | 22 |
| maintenance and use of the disposal
facility.
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| (b) The regulations shall include provisions requiring | 24 |
| that the contractor
selected to operate the disposal facility | 25 |
| post a performance bond with the
Department or the Agency or | 26 |
| show evidence of liability insurance or other means of
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| establishing financial responsibility in an amount sufficient | 28 |
| to adequately
provide for any necessary remedial actions or | 29 |
| liabilities that might be
incurred by the operation of the | 30 |
| disposal facility during the operating period
and during a | 31 |
| reasonable period of post-closure care.
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| (c) The regulations adopted for the requirements and | 33 |
| performance
standards of a disposal facility shall not provide | 34 |
| for the shallow land
burial of low-level radioactive wastes.
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| (d) The Department or the Agency shall hold at least one | 36 |
| public hearing
before adopting rules under this Section.
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| (e) All rules adopted under this
Section shall
be at least | 2 |
| as stringent as those promulgated by the U.S. Nuclear | 3 |
| Regulatory
Commission under the Atomic Energy Act of 1954 (42 | 4 |
| U.S.C. 2014) and any
other applicable federal laws.
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| (f) The State of Illinois shall have no liability to any | 6 |
| person
or entity by
reason of a failure, delay, or cessation in | 7 |
| the operation of the disposal
facility.
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| (Source: P.A. 90-29, eff. 6-26-97 .)
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| (420 ILCS 20/7) (from Ch. 111 1/2, par. 241-7)
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| Sec. 7. Requirements for waste treatment. The Agency
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| Department
shall promulgate
rules and regulations establishing | 12 |
| standards applicable to the treatment
of low-level radioactive | 13 |
| wastes disposed of in any facility in Illinois
necessary to | 14 |
| protect human health and the environment. Such rules and
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| regulations
shall reflect the best available treatment | 16 |
| technologies that are
economically
reasonable, technologically | 17 |
| feasible and environmentally sound for reducing
the quantity | 18 |
| and radioactive quality of such wastes prior to land burial
and | 19 |
| shall establish, but need not be limited to, requirements | 20 |
| respecting:
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| (1) the form in which low-level radioactive wastes may be | 22 |
| disposed;
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| (2) the use of treatment technologies for recycling, | 24 |
| compacting, solidifying
or otherwise treating low-level | 25 |
| radioactive wastes prior to disposal; and
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| (3) the use of technologies for the treatment of such | 27 |
| wastes to minimize
the radioactive characteristics
of the waste | 28 |
| disposed of or to reduce the tendency of the waste to migrate
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| in geologic and hydrologic formations.
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| The Agency
Department shall hold at least one public | 31 |
| hearing prior to
promulgating
such regulations.
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| (Source: P.A. 90-29, eff. 6-26-97.)
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| (420 ILCS 20/8) (from Ch. 111 1/2, par. 241-8)
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| Sec. 8. Requirements for waste facility licensing.
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| (a) No person shall operate any facility for the storage, | 2 |
| treatment, or
disposal of low-level radioactive wastes away | 3 |
| from the point of generation in
Illinois without a license | 4 |
| granted by the Department of Nuclear Safety or its
successor | 5 |
| agency, the Illinois Emergency Management Agency .
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| (b) Each application for a license under this Section shall | 7 |
| contain such
information as may be required by the Department | 8 |
| of Nuclear Safety or its
successor agency, the Illinois | 9 |
| Emergency Management Agency , including, but
not limited
to, | 10 |
| information respecting:
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| (1) estimates of the quantities and types of wastes to | 12 |
| be stored, treated
or disposed of at the facility;
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| (2) the design specifications and proposed operating | 14 |
| procedures of the
facility necessary to assure compliance | 15 |
| with the rules adopted under Sections 6
and 7;
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| (3) financial and personnel information necessary to | 17 |
| assure the integrity
and qualifications of the contractor | 18 |
| selected to operate the facility;
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| (4) a closure plan to ensure the proper closure, | 20 |
| decommissioning,
and post-closure care of the disposal | 21 |
| facility; and
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| (5) a contingency plan to establish the procedures to | 23 |
| be followed in the
event of unanticipated radioactive | 24 |
| releases.
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| (c) The Director may issue a license for the construction | 26 |
| and operation of
a facility authorized by this Act, provided | 27 |
| the applicant for the
license has complied
with applicable | 28 |
| provisions of this Act and regulations of the Department of | 29 |
| Nuclear Safety or its successor agency, the Illinois Emergency | 30 |
| Management Agency .
No
license issued by the Director shall | 31 |
| authorize
the disposal of
mixed waste at any regional disposal | 32 |
| facility. In the event that
an applicant or licensee proposes | 33 |
| modifications to a facility, or
in the event
that the Director | 34 |
| determines that modifications
are necessary to conform to the
| 35 |
| requirements of this Act, the Director may issue
any license
| 36 |
| modifications
necessary to protect human health and the |
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| environment and may specify the time
allowed to complete the | 2 |
| modifications.
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| (d) Upon a determination by the Director of
substantial | 4 |
| noncompliance
with any license granted under this Act or upon a | 5 |
| determination
that
an emergency exists posing a significant | 6 |
| hazard to public health and the
environment, the Director may | 7 |
| revoke a license
issued under
this Act. Before revoking any
| 8 |
| license, the Director shall serve notice upon the
alleged | 9 |
| violator setting
forth the Sections of this Act, or the rules | 10 |
| adopted
under
this
Act, that are alleged to have been violated. | 11 |
| The Director shall
hold
at least
one public hearing not later | 12 |
| than 30 days following the notice.
| 13 |
| (e) No person shall operate and the Director
shall not | 14 |
| issue any
license under this Section to operate any disposal | 15 |
| facility for the shallow
land burial of low-level radioactive | 16 |
| wastes in Illinois.
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| (f) (Blank).
| 18 |
| (g) Notwithstanding subsection (d) of Section 10.3 of this | 19 |
| Act, a
license issued by the Department of Nuclear Safety or | 20 |
| its successor agency, the Illinois Emergency Management | 21 |
| Agency, to operate
any regional
disposal facility shall be | 22 |
| revoked as a matter of law to the extent that the
license | 23 |
| authorizes disposal if:
| 24 |
| (1) the facility accepts for disposal byproduct | 25 |
| material as defined in
Section 11e(2) of the Atomic Energy | 26 |
| Act of 1954 (42 U.S.C. 2014),
high-level radioactive waste | 27 |
| or mixed waste, and
| 28 |
| (2) (A) if the facility is located more than 1 1/2 | 29 |
| miles from the
boundary of a municipality and the county in | 30 |
| which the facility is
located
passes an ordinance ordering | 31 |
| the license revoked, or
| 32 |
| (B) if the facility is located within a municipality or | 33 |
| within 1 1/2
miles of the boundary of a municipality and | 34 |
| that municipality passes
an
ordinance ordering the license | 35 |
| revoked.
| 36 |
| (Source: P.A. 90-29, eff. 6-26-97.)
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LRB094 14569 RSP 49512 b |
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| (420 ILCS 20/9) (from Ch. 111 1/2, par. 241-9)
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| Sec. 9. Requirements for waste transporters.
| 3 |
| (a) No person shall transport any low-level radioactive | 4 |
| waste to a storage,
treatment or disposal facility in Illinois | 5 |
| licensed under Section 8 without a
permit granted by the | 6 |
| Department of Nuclear Safety or its successor agency,
the | 7 |
| Illinois Emergency Management Agency .
| 8 |
| (b) No person shall transport any low-level radioactive | 9 |
| waste to a storage,
treatment or disposal facility licensed | 10 |
| under Section 8 without a manifest
document. The Agency
| 11 |
| Department shall develop the form for such
manifests and shall
| 12 |
| promulgate rules and regulations establishing a system of | 13 |
| tracking wastes from
their point of generation to storage, | 14 |
| treatment, and ultimate disposal.
| 15 |
| (c) Each application for a permit under this Section shall | 16 |
| contain
any information as may be required under regulations | 17 |
| promulgated by the
Agency
Department , including, but not | 18 |
| limited to, information
respecting:
| 19 |
| (1) The estimated quantities and types of wastes to be | 20 |
| transported to
a facility located in Illinois;
| 21 |
| (2) The procedures and methods used to monitor and | 22 |
| inspect the shipments
to ensure that leakage or spills do | 23 |
| not occur;
| 24 |
| (3) The timetables according to which
the wastes are to | 25 |
| be shipped.
| 26 |
| (4) The qualifications and training of personnel | 27 |
| handling low-level
radioactive waste; and
| 28 |
| (5) The use of interim storage and transshipment | 29 |
| facilities.
| 30 |
| (d) The Director may issue a permit to any applicant who
| 31 |
| has met and whom he believes will comply with the requirements | 32 |
| of the
Illinois Hazardous Materials Transportation Act and any | 33 |
| other applicable
State or federal laws or regulations. In the | 34 |
| event that an
applicant or permittee
proposes modifications of | 35 |
| a permit, or in the event that the
Director
determines that |
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| modifications are necessary to conform with the requirements of
| 2 |
| the Act, the Director may issue any permit modifications
| 3 |
| necessary to protect
human health and the environment and may | 4 |
| specify the time allowed to complete
the modifications.
| 5 |
| (e) The Agency
Department shall inspect each shipment of | 6 |
| low-level
radioactive
wastes received at the regional disposal | 7 |
| facility for compliance with the
packaging, placarding and | 8 |
| other requirements established by rules and
regulations | 9 |
| promulgated by the Illinois Department of Transportation under | 10 |
| the
Illinois Hazardous Materials Transportation Act and any | 11 |
| other applicable State
or federal regulations. The Agency
| 12 |
| Department shall notify the
Attorney
General of
any apparent | 13 |
| violations for possible prosecution under Sections 11 and 12 of
| 14 |
| that Act.
| 15 |
| (Source: P.A. 90-29, eff. 6-26-97.)
| 16 |
| (420 ILCS 20/10) (from Ch. 111 1/2, par. 241-10)
| 17 |
| Sec. 10. Disposal facility contractor selection.
Upon | 18 |
| adopting the regulations establishing requirements for waste
| 19 |
| disposal facilities provided for in Section 6, the Department | 20 |
| of Nuclear
Safety or its successor agency, the Illinois | 21 |
| Emergency Management Agency,
shall solicit
proposals for the | 22 |
| selection of one or more contractors to site, design,
develop, | 23 |
| construct, operate, close, provide post-closure care for, and
| 24 |
| decommission the disposal facility. Not later than 6 months | 25 |
| after the
solicitation of
proposals, the Director shall select | 26 |
| the
applicant who has submitted the
proposal that best conforms | 27 |
| to the
requirements of this Act and to the rules adopted under | 28 |
| this Act.
| 29 |
| (Source: P.A. 90-29, eff. 6-26-97.)
| 30 |
| (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
| 31 |
| Sec. 10.2. Creation of Low-Level Radioactive Waste Task | 32 |
| Group;
adoption of
criteria; selection of site for | 33 |
| characterization.
| 34 |
| (a) There is hereby created the Low-Level Radioactive Waste |
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| Task Group
consisting of the Directors of the Environmental | 2 |
| Protection Agency, the
Department of Natural Resources, and the | 3 |
| Department
of Nuclear Safety (or their designees) and 6 | 4 |
| additional members designated
by the Governor. The 6 additional | 5 |
| members shall:
| 6 |
| (1) be confirmed by the Senate; and
| 7 |
| (2) receive compensation of $300 per day for their | 8 |
| services on
the Task Group unless they are officers or | 9 |
| employees of the State, in which
case they shall receive no | 10 |
| additional compensation.
| 11 |
| Four of the additional members shall have expertise in the | 12 |
| field of geology,
hydrogeology, or hydrology. Of the 2 | 13 |
| remaining additional members, one shall be
a member of the | 14 |
| public with experience in environmental matters and one shall
| 15 |
| have at least 5 years experience in local government. The | 16 |
| Directors of the
Environmental Protection Agency, the | 17 |
| Department of Natural
Resources, and the Department of Nuclear | 18 |
| Safety (or their designees) shall
receive no additional | 19 |
| compensation for their service on the Task Group.
All members | 20 |
| of the Task Group shall be compensated for their expenses. The
| 21 |
| Governor shall designate the chairman of the Task Group. Upon | 22 |
| adoption of
the criteria under subsection (b) of this Section, | 23 |
| the Directors of the
Department of Nuclear Safety and the | 24 |
| Environmental Protection Agency shall
be replaced on the Task | 25 |
| Group by members designated by the
Governor and confirmed by | 26 |
| the Senate. The members designated
to replace the Directors of | 27 |
| the Department of Nuclear Safety
and the Environmental | 28 |
| Protection Agency shall have such
expertise as the Governor may | 29 |
| determine. The members of the Task Group
shall be members until | 30 |
| they resign, are replaced by the Governor, or the
Task Group is | 31 |
| abolished. Except as provided in this Act, the Task Group
shall | 32 |
| be subject to the Open Meetings Act and the Illinois | 33 |
| Administrative
Procedure Act. Any action required to be taken | 34 |
| by the Task Group under this
Act shall be taken by a majority | 35 |
| vote of its members.
An identical vote by 5 members of the Task | 36 |
| Group shall constitute a majority
vote.
|
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| (b) To protect the public health, safety and welfare, the | 2 |
| Task Group shall
develop proposed criteria for selection of a | 3 |
| site for a regional disposal
facility.
Principal criteria shall | 4 |
| relate to the geographic, geologic, seismologic,
tectonic, | 5 |
| hydrologic, and other scientific conditions best suited for a
| 6 |
| regional disposal facility. Supplemental
criteria may
relate | 7 |
| to land use (including (i) the location of existing underground | 8 |
| mines
and (ii) the exclusion of State parks, State conservation | 9 |
| areas, and other
State owned lands identified by the Task | 10 |
| Group), economics, transportation,
meteorology, and any other | 11 |
| matter identified by the Task Group as relating to
desirable | 12 |
| conditions for a regional
disposal facility. All
of the | 13 |
| criteria shall be as specific as possible.
| 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
| 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
| 27 |
| Minority Leader of the Senate, the Speaker and Minority Leader | 28 |
| of the House,
and all county boards in the State of Illinois | 29 |
| and shall make copies of the
criteria available without charge | 30 |
| to the public.
| 31 |
| (c) Upon adoption of the criteria, the Director of Natural
| 32 |
| Resources shall direct the Scientific Surveys to
screen the | 33 |
| State of Illinois. By
September 30, 1997, the Scientific | 34 |
| Surveys shall (i) complete a Statewide
screening of the State | 35 |
| using available information and the Surveys'
geography-based | 36 |
| information system to produce individual and composite maps
|
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| showing the application of individual criteria; (ii) complete | 2 |
| the evaluation
of all land volunteered
before the effective | 3 |
| date of this amendatory Act of 1997 to determine whether
any of | 4 |
| the volunteered land appears
likely to satisfy the criteria; | 5 |
| (iii) document the
results of the screening and volunteer site | 6 |
| evaluations in a written report
and submit the report to the | 7 |
| chairman of the Task Group and to the Director
of Nuclear | 8 |
| Safety ;
and (iv) transmit to the Task Group and to the | 9 |
| Department of Nuclear
Safety , in a form specified
by the Task | 10 |
| Group and the Department, all information and documents | 11 |
| assembled
by the Scientific Surveys in performing the | 12 |
| obligations of the Scientific
Surveys under
this Act. Upon | 13 |
| completion of the screening and volunteer site evaluation
| 14 |
| process, the Director of the Department of Natural Resources | 15 |
| shall be replaced
on the Task Group by a member appointed by | 16 |
| the Governor and confirmed by the
Senate. The member appointed | 17 |
| to replace the Director of the Department of
Natural Resources | 18 |
| shall have expertise that the Governor determines to be
| 19 |
| appropriate.
| 20 |
| (c-3) By December 1, 2000, the Department of Nuclear | 21 |
| Safety ,
in
consultation with the Task Group, waste generators, | 22 |
| and any interested
counties and
municipalities and after
| 23 |
| holding 3 public hearings throughout the State,
shall prepare a | 24 |
| report regarding, at a minimum, the impact and
ramifications, | 25 |
| if any, of the following factors and circumstances on the
| 26 |
| siting, design, licensure, development, construction, | 27 |
| operation, closure, and
post-closure care of a regional | 28 |
| disposal facility:
| 29 |
| (1) the federal, state, and regional programs for the | 30 |
| siting,
development,
and operation of disposal facilities | 31 |
| for low-level radioactive wastes and the
nature, extent, | 32 |
| and likelihood of any legislative or administrative | 33 |
| changes to
those programs;
| 34 |
| (2) (blank);
| 35 |
| (3) the current and most reliable projections | 36 |
| regarding the costs of the
siting, design, development, |
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| construction, operation, closure, decommissioning,
and | 2 |
| post-closure care of a regional disposal facility;
| 3 |
| (4) the current and most reliable estimates of the | 4 |
| total volume of
low-level radioactive waste that will be | 5 |
| disposed at a regional disposal
facility in Illinois and | 6 |
| the projected annual volume amounts;
| 7 |
| (5) the nature and extent of the available, if any, | 8 |
| storage and
disposal facilities outside the region of the | 9 |
| Compact for storage and disposal
of low-level radioactive | 10 |
| waste generated from within the region of the Compact;
and
| 11 |
| (6) the development and implementation of a voluntary | 12 |
| site selection
process in which land may be volunteered for | 13 |
| the regional disposal facility
jointly by landowners and | 14 |
| (i) the municipality in which the land is located,
(ii) | 15 |
| every municipality within 1 1/2 miles of the land if the | 16 |
| land is
not within a municipality, or (iii) the county or | 17 |
| counties in which the land
is located if the land is not | 18 |
| within a municipality
and not within 1 1/2 miles of a | 19 |
| municipality.
The Director of Nuclear Safety
shall provide | 20 |
| copies of the report to the
Governor, the
President and | 21 |
| Minority Leader of the Senate, and the Speaker and
Minority
| 22 |
| Leader of the House. The Director shall also publish a | 23 |
| notice of
availability of the report in the State newspaper | 24 |
| and make copies of the report
available without charge to | 25 |
| the public.
| 26 |
| (c-5) Following submittal of the report pursuant to | 27 |
| subsection (c-3) of
this
Section, the Department of Nuclear | 28 |
| Safety or its successor agency, the
Illinois
Emergency | 29 |
| Management Agency, may adopt rules establishing a
site | 30 |
| selection process for the regional disposal facility. In
| 31 |
| developing rules, the Department or the Agency
shall, at a | 32 |
| minimum, consider the following:
| 33 |
| (1) A comprehensive and open process under which the | 34 |
| land for sites
recommended and proposed by the contractor | 35 |
| under subsection (e) of this
Section shall be volunteered | 36 |
| lands as provided in this Section. Land may be
volunteered
|
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| for the regional disposal facility jointly by landowners | 2 |
| and (i) the
municipality in which the land is located, (ii) | 3 |
| every municipality with
1 1/2 miles of the land if the land | 4 |
| is not within a municipality, or
(iii) the county or | 5 |
| counties in which the land is located if the land is not
| 6 |
| within a municipality and not within 1 1/2 miles of a
| 7 |
| municipality.
| 8 |
| (2) Utilization of the State screening and volunteer | 9 |
| site evaluation
report prepared by the Scientific Surveys | 10 |
| under subsection (c) of this
Section for the purpose of | 11 |
| determining whether proposed sites appear likely to
| 12 |
| satisfy the site selection criteria.
| 13 |
| (3) Coordination of the site selection process with the | 14 |
| projected annual
and total volume of low-level radioactive | 15 |
| waste to be disposed at the regional
disposal facility as
| 16 |
| identified in the report prepared under subsection (c-3) of | 17 |
| this Section.
| 18 |
| The site selection process established under this | 19 |
| subsection shall require
the contractor selected by the | 20 |
| Department or the Agency pursuant to
Sections 5 and 10 of this
| 21 |
| Act to propose one site to the Task Group for approval under | 22 |
| subsections (d)
through (i) of this Section.
| 23 |
| No proposed site shall be selected as the site for the | 24 |
| regional
disposal facility unless it satisfies the site | 25 |
| selection criteria established
by the Task Group under | 26 |
| subsection (b) of this Section.
| 27 |
| (d) The contractor selected by the Department of Nuclear | 28 |
| Safety or its
successor agency, the Illinois
Emergency | 29 |
| Management Agency, under Sections 5 and
10
of this Act shall | 30 |
| conduct evaluations,
including possible intrusive field | 31 |
| investigations, of the sites and locations
identified under the | 32 |
| site selection process established under subsection
(c-5) of | 33 |
| this Section.
| 34 |
| (e) Upon completion of the site evaluations,
the
contractor | 35 |
| selected by the Department or the Agency shall identify one | 36 |
| site of at least 640
acres that appears
promising for |
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| development of the regional disposal facility in compliance
| 2 |
| with the site selection criteria established by the Task Group | 3 |
| pursuant to
subsection (b) of this Section. The
contractor may | 4 |
| conduct any other evaluation of the site identified under
this | 5 |
| subsection that the contractor deems appropriate to determine | 6 |
| whether
the site satisfies the criteria adopted under | 7 |
| subsection
(b) of this Section. Upon
completion of the | 8 |
| evaluations under this subsection, the
contractor shall
| 9 |
| prepare and submit to the Department or the Agency a report on | 10 |
| the
evaluation of the
identified site, including a | 11 |
| recommendation as to whether the identified site
should be | 12 |
| further considered for selection as a site for the
regional | 13 |
| disposal facility. A site so recommended for further
| 14 |
| consideration is hereinafter referred to as a "proposed site".
| 15 |
| (f) A report completed under subsection (e) of this Section | 16 |
| that
recommends a proposed site shall also be submitted
to the | 17 |
| chairman of the Task Group. Within 45 days following receipt of | 18 |
| a
report, the chairman of the Task Group shall
publish in | 19 |
| newspapers of general circulation in the county or counties in
| 20 |
| which a proposed site is located a notice of the availability | 21 |
| of the report and a notice of
a
public meeting. The chairman of | 22 |
| the Task Group shall also, within the 45-day
period, provide | 23 |
| copies of
the report and the notice to the Governor, the | 24 |
| President and Minority Leader of
the Senate, the Speaker and | 25 |
| Minority Leader of the House, members of the
General Assembly | 26 |
| from the legislative district or districts in which a
proposed | 27 |
| site is located,
the county board or boards of the county or | 28 |
| counties containing
a proposed site, and each city, village, | 29 |
| and
incorporated town within a 5 mile radius of a proposed | 30 |
| site. The chairman
of the Task Group shall make copies of
the | 31 |
| report available without charge to the public.
| 32 |
| (g) The chairman of the Task Group shall convene at least | 33 |
| one
public meeting on each proposed site. At the public meeting
| 34 |
| or meetings,
the contractor selected by the Department of | 35 |
| Nuclear Safety or its successor
agency, the Illinois Emergency | 36 |
| Management Agency, shall present the results
of the
evaluation |
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| of the proposed site.
The Task Group shall receive such other | 2 |
| written and oral information about
the proposed site that may | 3 |
| be submitted at the meeting.
Following the meeting, the
Task | 4 |
| Group shall decide whether the proposed site satisfies the | 5 |
| criteria
adopted
under subsection (b) of this Section. If the | 6 |
| Task Group determines that
the proposed site does not satisfy | 7 |
| the criteria, the Department or the
Agency may require a
| 8 |
| contractor to submit a further report pursuant to subsection | 9 |
| (e) of this
Section proposing another site from the locations | 10 |
| identified under the site
selection process established | 11 |
| pursuant to subsection (c-5) of this Section as
likely to | 12 |
| satisfy the criteria. Following notice and
distribution of the | 13 |
| report as required by subsection (f) of this Section, the
new | 14 |
| proposed site shall be the subject
of a public meeting under | 15 |
| this subsection. The contractor selected by the
Department or | 16 |
| the Agency shall
propose
additional sites, and the Task Group | 17 |
| shall conduct additional public
meetings, until the Task Group | 18 |
| has approved a proposed site recommended by a
contractor as | 19 |
| satisfying the
criteria adopted under subsection (b) of this | 20 |
| Section. In the event that the
Task Group does not approve any | 21 |
| of the proposed sites recommended by the
contractor under this | 22 |
| subsection as satisfying the criteria adopted under
subsection | 23 |
| (b) of this Section, the Task Group shall immediately suspend | 24 |
| all
work and the Department or the Agency shall prepare a study | 25 |
| containing, at
a minimum, the
Department's or the Agency's
| 26 |
| recommendations regarding the viability of the
site selection
| 27 |
| process established pursuant to this Act, based on the factors | 28 |
| and
circumstances
specified in items (1) through (6) of | 29 |
| subsection (c-3) of Section 10.2. The
Department or the Agency
| 30 |
| shall provide copies of the study to the Governor,
the | 31 |
| President and
Minority Leader of the Senate, and the Speaker | 32 |
| and Minority Leader of the
House. The Department or the Agency
| 33 |
| shall also publish a notice of
availability of the study
in the | 34 |
| State newspaper and make copies of the report available without | 35 |
| charge
to the public.
| 36 |
| (h) (Blank).
|
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| (i) Upon the Task Group's decision that a proposed site | 2 |
| satisfies the
criteria adopted under subsection (b) of this | 3 |
| Section, the contractor shall
proceed with the | 4 |
| characterization and licensure of the proposed site under
| 5 |
| Section 10.3 of this Act and the Task Group shall immediately | 6 |
| suspend all
work, except as otherwise specifically required in | 7 |
| subsection (b) of Section
10.3 of this
Act.
| 8 |
| (Source: P.A. 90-29, eff.
6-26-97; 91-601, eff. 8-16-99.)
| 9 |
| (420 ILCS 20/10.3) (from Ch. 111 1/2, par. 241-10.3)
| 10 |
| Sec. 10.3. Site characterization; license application; | 11 |
| adjudicatory
hearing; exclusivity.
| 12 |
| (a) If the contractor, following characterization, | 13 |
| determines that the
proposed site is appropriate for the | 14 |
| development of a
regional disposal facility, (i) the
contractor | 15 |
| shall submit
to the Department of Nuclear Safety or its | 16 |
| successor agency, the Illinois
Emergency Management Agency, an | 17 |
| application for a license to
construct and operate the facility | 18 |
| at the selected site and (ii) the Task
Group shall be abolished | 19 |
| and its records transferred to the Department or the
Agency .
| 20 |
| (b) If the contractor determines, following or at any time | 21 |
| during
characterization of the site proposed under Section 10.2 | 22 |
| of this Act, that the
proposed site is not appropriate for the | 23 |
| development of a regional disposal
facility, the
Department of | 24 |
| Nuclear Safety or its successor agency, the Illinois Emergency
| 25 |
| Management Agency, may require the contractor to propose an | 26 |
| additional site
to the
Task Group from the locations identified | 27 |
| under the site selection process
established under subsection | 28 |
| (c-5) of Section 10.2 that is likely to satisfy
the
criteria
| 29 |
| adopted under subsection (b) of Section 10.2. The new proposed | 30 |
| site shall
be the
subject of public notice, distribution, and | 31 |
| public meeting conducted by the
Task Group under the procedures | 32 |
| set forth in subsections (f) and (g) of
Section
10.2
of this | 33 |
| Act. The contractor selected by the Department or the Agency
| 34 |
| shall
propose
additional sites and the Task Group shall conduct | 35 |
| additional public meetings
until (i) the Task Group has |
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| approved a proposed site recommended by a
contractor as | 2 |
| satisfying the criteria adopted under subsection (b) of Section
| 3 |
| 10.2, and
(ii) the contractor has determined, following | 4 |
| characterization, that the site
is appropriate for the | 5 |
| development of the regional disposal facility. Upon the
| 6 |
| selection of a proposed site under this subsection, (i) the | 7 |
| contractor shall
submit to the Department or the Agency an | 8 |
| application for a license to
construct and operate
a regional | 9 |
| disposal facility at the selected site and (ii) the Task Group | 10 |
| shall
be abolished and its records transferred to the | 11 |
| Department or the Agency .
| 12 |
| (c) The Department or Nuclear Safety or its successor | 13 |
| agency, the Illinois
Emergency Management Agency, shall review | 14 |
| the license application filed
pursuant to
Section 8 and | 15 |
| subsections (a) and (b) of this Section in accordance
with its | 16 |
| rules and the agreement between the State of Illinois and the
| 17 |
| Nuclear Regulatory Commission under Section 274 of the Atomic | 18 |
| Energy Act.
If the Department or the Agency determines that the | 19 |
| license should be
issued, the
Department or the Agency shall | 20 |
| publish in the State newspaper a notice of
intent to issue
the | 21 |
| license. Objections to issuance of the license may be filed | 22 |
| within 90
days of publication of the notice. Upon receipt of | 23 |
| objections, the
Director
shall appoint
a hearing officer who | 24 |
| shall conduct an adjudicatory
hearing on the objections. The | 25 |
| burden of proof at the hearing shall be on
the person filing | 26 |
| the objections. Upon completion of the hearing, the
hearing | 27 |
| officer shall recommend to the Director
whether the license | 28 |
| should
be issued. The decision of the Director to issue
or deny | 29 |
| the
license may be appealed under Section 18.
| 30 |
| (d) The procedures, criteria, terms, and conditions set | 31 |
| forth in this Act,
and in the rules adopted under this Act, for | 32 |
| the treatment,
storage, and disposal of low-level radioactive | 33 |
| waste and for the siting,
licensure, design, construction, | 34 |
| maintenance, operation, closure,
decommissioning, and | 35 |
| post-closure care of the regional disposal facility shall
be | 36 |
| the exclusive procedures, criteria, terms, and conditions for
|
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| those matters.
| 2 |
| (Source: P.A. 90-29, eff. 6-26-97.)
| 3 |
| (420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11)
| 4 |
| Sec. 11. Report by the
Agency
Department .
| 5 |
| (a) (Blank).
| 6 |
| (b) (Blank).
| 7 |
| (c) At any time necessary, as determined by the Director, | 8 |
| to
ensure proper
planning and policy responses relating to the | 9 |
| continued availability of
facilities for the storage and | 10 |
| disposal of low-level radioactive wastes, the
Agency
| 11 |
| Department shall deliver to the Governor, the President and
| 12 |
| Minority Leader of
the Senate, and the Speaker and Minority | 13 |
| Leader of the House a report that
shall include, at a minimum, | 14 |
| an
analysis of the impacts of restrictions on disposal of
| 15 |
| low-level
radioactive waste at commercial disposal facilities | 16 |
| outside the State of
Illinois and the Agency's
Department's
| 17 |
| analysis of, and recommendations regarding, the
feasibility of | 18 |
| a centralized interim storage facility for low-level | 19 |
| radioactive
waste generated within the region of the Compact | 20 |
| and the nature and extent, if
any, of the generator's or any | 21 |
| other entity's responsibility for or title to
the waste to be | 22 |
| stored at a centralized interim storage facility after
the | 23 |
| waste has been delivered to that facility.
| 24 |
| (Source: P.A. 90-29, eff. 6-26-97; 91-601, eff. 8-16-99.)
| 25 |
| (420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
| 26 |
| Sec. 13. Waste fees.
| 27 |
| (a) The Department of Nuclear Safety or its successor | 28 |
| agency, the Illinois
Emergency Management Agency, shall | 29 |
| collect a fee from each generator of low-level
radioactive | 30 |
| wastes in this State. Except as provided in subsections (b), | 31 |
| (c),
and (d), the amount of the fee shall be $50.00 or the | 32 |
| following amount,
whichever is greater:
| 33 |
| (1) $1 per cubic foot of waste shipped for storage, | 34 |
| treatment or disposal
if storage of the waste for shipment |
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| occurred prior to September 7, 1984;
| 2 |
| (2) $2 per cubic foot of waste stored for shipment if | 3 |
| storage of the
waste occurs on or after September 7, 1984, | 4 |
| but prior to October 1, 1985;
| 5 |
| (3) $3 per cubic foot of waste stored for shipment if | 6 |
| storage of the
waste occurs on or after October 1, 1985;
| 7 |
| (4) $2 per cubic foot of waste shipped for storage, | 8 |
| treatment or
disposal if storage of the waste for shipment | 9 |
| occurs on or after September
7, 1984 but prior to October | 10 |
| 1, 1985, provided that no fee has been collected
previously | 11 |
| for storage of the waste;
| 12 |
| (5) $3 per cubic foot of waste shipped for storage, | 13 |
| treatment or
disposal if storage of the waste for shipment | 14 |
| occurs on or after October
1, 1985, provided that no fees | 15 |
| have been collected previously for storage
of the waste.
| 16 |
| Such fees shall be collected annually or as determined by | 17 |
| the Department or the Agency and
shall be deposited in the | 18 |
| low-level radioactive waste funds as provided in
Section 14 of | 19 |
| this Act. Notwithstanding any other provision of this Act, no
| 20 |
| fee under this
Section shall be collected from a generator for | 21 |
| waste generated incident to
manufacturing before December 31, | 22 |
| 1980, and shipped for disposal outside
of this State before | 23 |
| December 31, 1992, as part of a site reclamation
leading to | 24 |
| license termination.
| 25 |
| (b) Each nuclear power reactor in this State for which an | 26 |
| operating
license has been issued by the Nuclear Regulatory | 27 |
| Commission shall not be
subject to the fee required by | 28 |
| subsection (a) with respect to (1) waste
stored for shipment if | 29 |
| storage of the waste occurs on or after January
1, 1986; and | 30 |
| (2) waste shipped for storage, treatment or disposal if storage
| 31 |
| of the waste for shipment occurs on or after January 1, 1986. | 32 |
| In lieu of
the fee, each reactor shall be required to pay an | 33 |
| annual fee as provided in
this subsection for the
treatment, | 34 |
| storage and disposal of low-level radioactive waste. Beginning
| 35 |
| with State fiscal year 1986 and through State fiscal year 1997, | 36 |
| fees shall be
due and payable on January 1st of each year.
For |
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| State fiscal year 1998 and all subsequent State fiscal years, | 2 |
| fees shall
be due and payable on July 1 of each fiscal year. | 3 |
| The fee due on July 1,
1997 shall be payable on that date, or | 4 |
| within 10 days after the effective date
of this amendatory Act | 5 |
| of 1997, whichever is later.
| 6 |
| The owner of any nuclear power reactor that has an | 7 |
| operating license
issued by the Nuclear Regulatory Commission | 8 |
| for any portion of State fiscal
year 1998 shall continue to pay | 9 |
| an annual fee of $90,000 for the treatment,
storage, and | 10 |
| disposal of low-level radioactive waste through State fiscal | 11 |
| year
2002. The fee shall be due and
payable on July 1 of each | 12 |
| fiscal year.
The fee due on July 1, 1998 shall be
payable on | 13 |
| that date, or within 10 days after the effective date of this
| 14 |
| amendatory Act of 1998, whichever is later.
If the balance in | 15 |
| the Low-Level Radioactive Waste Facility Development and
| 16 |
| Operation Fund falls below $500,000, as of the end of any | 17 |
| fiscal year after
fiscal year 2002, the Department (before July | 18 |
| 1, 2003) or the Agency (on and
after July 1, 2003) is | 19 |
| authorized to assess by rule, after notice
and a hearing, an | 20 |
| additional annual fee to be paid by the owners of nuclear
power
| 21 |
| reactors for which operating licenses have been issued by the | 22 |
| Nuclear
Regulatory Commission, except that no additional | 23 |
| annual fee shall be assessed because of the fund balance at the | 24 |
| end of fiscal year 2005 or the end of fiscal year 2006. The | 25 |
| additional annual fee shall be payable on the date
or dates | 26 |
| specified by rule and shall not exceed $30,000 per operating | 27 |
| reactor
per year.
| 28 |
| (c) In each of State fiscal years 1988, 1989 and 1990, in | 29 |
| addition to
the fee imposed in subsections (b) and (d), the | 30 |
| owner of each nuclear power
reactor in this State for which an | 31 |
| operating license has been issued by the
Nuclear Regulatory | 32 |
| Commission shall pay a fee of $408,000. If an
operating license | 33 |
| is issued during one of those 3 fiscal years, the owner
shall | 34 |
| pay a prorated amount of the fee equal to $1,117.80 multiplied | 35 |
| by the
number of days in the fiscal year during which the | 36 |
| nuclear power reactor
was licensed.
|
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| The fee shall be due and payable as follows: in fiscal year | 2 |
| 1988,
$204,000 shall be paid on October 1, 1987 and $102,000 | 3 |
| shall be paid on each
of January 1, 1988 and April 1, 1988; in | 4 |
| fiscal year 1989, $102,000 shall
be paid on each of July 1, | 5 |
| 1988, October 1, 1988, January 1, 1989 and April
1, 1989; and | 6 |
| in fiscal year 1990, $102,000 shall be paid on each of July 1,
| 7 |
| 1989, October 1, 1989, January 1, 1990 and April 1, 1990. If | 8 |
| the
operating license is issued during one of the 3 fiscal | 9 |
| years, the owner
shall be subject to those payment dates, and | 10 |
| their corresponding amounts,
on which the owner possesses an | 11 |
| operating license and, on June 30 of the fiscal
year of | 12 |
| issuance of the license, whatever amount of the prorated fee | 13 |
| remains
outstanding.
| 14 |
| All of the amounts collected by the Department or the | 15 |
| Agency under this subsection (c)
shall be deposited into the | 16 |
| Low-Level Radioactive Waste Facility
Development and Operation | 17 |
| Fund created under subsection (a) of Section 14 of
this
Act and | 18 |
| expended, subject to appropriation, for
the purposes provided | 19 |
| in that subsection.
| 20 |
| (d) In addition to the fees imposed in subsections (b) and | 21 |
| (c), the
owners of nuclear power reactors in this State for | 22 |
| which operating licenses
have been issued by the Nuclear | 23 |
| Regulatory Commission shall pay the
following fees for each | 24 |
| such nuclear power reactor: for State fiscal year
1989, | 25 |
| $325,000 payable on October 1, 1988, $162,500 payable on | 26 |
| January 1,
1989, and $162,500 payable on April 1, 1989; for | 27 |
| State fiscal year 1990,
$162,500 payable on July 1, $300,000 | 28 |
| payable on October 1, $300,000 payable
on January 1 and | 29 |
| $300,000 payable on April 1; for State fiscal year 1991,
either | 30 |
| (1) $150,000 payable on July 1, $650,000 payable on September | 31 |
| 1,
$675,000 payable on January 1, and $275,000 payable on April | 32 |
| 1, or (2)
$150,000 on July 1, $130,000 on the first day of each | 33 |
| month from August
through December, $225,000 on the first day | 34 |
| of each month from January
through March and $92,000 on the | 35 |
| first day of each month from April through
June; for State | 36 |
| fiscal year 1992, $260,000 payable on July 1, $900,000
payable |
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| on September 1, $300,000 payable on October 1, $150,000 payable | 2 |
| on
January 1, and $100,000 payable on April 1; for State fiscal | 3 |
| year 1993,
$100,000 payable on July 1, $230,000 payable on | 4 |
| August 1 or within 10 days
after July 31, 1992, whichever is | 5 |
| later, and $355,000 payable on October 1; for
State fiscal year | 6 |
| 1994, $100,000 payable on July 1, $75,000 payable on October
1 | 7 |
| and $75,000 payable on April 1; for State fiscal year 1995, | 8 |
| $100,000 payable
on July 1, $75,000 payable on October 1, and | 9 |
| $75,000 payable on April 1,
for State fiscal year 1996, | 10 |
| $100,000 payable on July 1, $75,000 payable on
October 1, and | 11 |
| $75,000 payable on April 1. The owner of any nuclear
power | 12 |
| reactor that has an operating license issued by the Nuclear | 13 |
| Regulatory
Commission for any portion of State fiscal year 1998 | 14 |
| shall pay an annual fee of
$30,000 through State fiscal year | 15 |
| 2003.
For State fiscal year 2004 and subsequent fiscal years, | 16 |
| the owner of any
nuclear power reactor that has an operating | 17 |
| license issued by the Nuclear
Regulatory Commission shall pay | 18 |
| an annual fee of $30,000 per reactor, provided
that the fee
| 19 |
| shall not apply to a nuclear power reactor with regard to which | 20 |
| the owner
notified the Nuclear Regulatory Commission during | 21 |
| State fiscal year 1998 that
the nuclear power reactor | 22 |
| permanently ceased operations.
The fee shall be due and payable | 23 |
| on
July 1 of each fiscal year.
The fee due on July 1, 1998 shall | 24 |
| be
payable on that date, or within 10 days after the effective | 25 |
| date of this
amendatory Act of 1998, whichever is later.
The | 26 |
| fee
due on July 1, 1997 shall be payable on that date or within | 27 |
| 10 days after the
effective date of this amendatory Act of | 28 |
| 1997, whichever is later. If the
payments under this
subsection | 29 |
| for fiscal year 1993 due on January 1, 1993, or on April 1, | 30 |
| 1993, or
both, were due before the effective date of this | 31 |
| amendatory Act of the 87th
General Assembly, then those | 32 |
| payments are waived and need not be made.
| 33 |
| All of the amounts collected by the Department or the | 34 |
| Agency under this subsection (d)
shall be deposited into the | 35 |
| Low-Level Radioactive Waste Facility
Development and Operation | 36 |
| Fund created pursuant to subsection (a) of Section
14 of this
|
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| Act and expended, subject to appropriation, for the purposes | 2 |
| provided in that
subsection.
| 3 |
| All payments made by licensees under this subsection (d) | 4 |
| for fiscal year
1992 that are not appropriated and obligated by | 5 |
| the Department of Nuclear Safety above
$1,750,000 per reactor | 6 |
| in fiscal year 1992, shall be credited to the licensees
making | 7 |
| the payments to reduce the per reactor fees required under this
| 8 |
| subsection (d) for fiscal year 1993.
| 9 |
| (e) The Agency
Department shall promulgate rules and | 10 |
| regulations establishing
standards for the collection of the | 11 |
| fees authorized by this Section. The
regulations shall include, | 12 |
| but need not be limited to:
| 13 |
| (1) the records necessary to identify the amounts of | 14 |
| low-level
radioactive wastes produced;
| 15 |
| (2) the form and submission of reports to accompany the | 16 |
| payment of fees
to the Agency
Department ; and
| 17 |
| (3) the time and manner of payment of fees to the | 18 |
| Agency
Department , which
payments shall not be more | 19 |
| frequent than quarterly.
| 20 |
| (f) Any operating agreement entered into under subsection | 21 |
| (b) of
Section 5 of this Act between the Department of Nuclear | 22 |
| Safety or its successor agency, the Illinois
Emergency | 23 |
| Management Agency, and any disposal facility
contractor
shall, | 24 |
| subject to the provisions of this Act, authorize the contractor | 25 |
| to
impose upon and collect from persons using the disposal | 26 |
| facility fees
designed and
set at levels reasonably calculated | 27 |
| to produce sufficient revenues (1) to
pay all costs and | 28 |
| expenses properly incurred or accrued in connection
with, and | 29 |
| properly allocated to, performance of the contractor's | 30 |
| obligations
under the operating agreement, and (2) to provide | 31 |
| reasonable and
appropriate compensation or profit to the | 32 |
| contractor under the
operating
agreement. For purposes of this | 33 |
| subsection (f), the term "costs and expenses"
may include, | 34 |
| without limitation, (i) direct and indirect costs and expenses
| 35 |
| for labor, services, equipment, materials, insurance and other | 36 |
| risk
management costs, interest and other financing charges, |
|
|
|
SB2647 |
- 28 - |
LRB094 14569 RSP 49512 b |
|
| 1 |
| and taxes or fees
in lieu of taxes; (ii) payments to or | 2 |
| required by the United States, the
State of Illinois or any | 3 |
| agency or department thereof, the Central Midwest
Interstate | 4 |
| Low-Level Radioactive Waste Compact, and subject
to the
| 5 |
| provisions of this Act, any unit of local government; (iii)
| 6 |
| amortization of capitalized costs with respect to the disposal | 7 |
| facility and
its
development, including any capitalized | 8 |
| reserves; and (iv) payments with
respect
to reserves, accounts, | 9 |
| escrows or trust funds required by law or otherwise
provided | 10 |
| for under the operating agreement.
| 11 |
| (g) (Blank).
| 12 |
| (h) (Blank).
| 13 |
| (i) (Blank).
| 14 |
| (j) (Blank).
| 15 |
| (j-5) Prior to commencement of facility operations, the | 16 |
| Agency
Department shall
adopt rules providing for the | 17 |
| establishment and collection of fees and charges
with respect | 18 |
| to the use of the disposal facility as provided in subsection | 19 |
| (f)
of this Section.
| 20 |
| (k) The regional disposal facility shall be subject to ad | 21 |
| valorem real
estate taxes lawfully imposed by units of local | 22 |
| government and school districts
with jurisdiction over the | 23 |
| facility. No other local government tax, surtax,
fee or other | 24 |
| charge on activities at the regional disposal facility shall be
| 25 |
| allowed except as authorized by the Agency
Department .
| 26 |
| (l) The Agency
Department shall have the power, in the | 27 |
| event that acceptance of
waste for disposal at the regional | 28 |
| disposal facility is suspended, delayed
or interrupted, to | 29 |
| impose emergency fees on the generators of low-level
| 30 |
| radioactive waste. Generators shall pay emergency fees within | 31 |
| 30 days of
receipt of notice of the emergency fees. The Agency
| 32 |
| Department shall deposit all of
the receipts of any fees | 33 |
| collected under this subsection into the Low-Level
Radioactive | 34 |
| Waste Facility Development and Operation Fund created under
| 35 |
| subsection (b) of Section 14. Emergency fees may be used to | 36 |
| mitigate the
impacts of the suspension or interruption of |
|
|
|
SB2647 |
- 29 - |
LRB094 14569 RSP 49512 b |
|
| 1 |
| acceptance of waste for disposal.
The requirements for | 2 |
| rulemaking in the Illinois Administrative Procedure Act
shall | 3 |
| not apply to the imposition of emergency fees under this | 4 |
| subsection.
| 5 |
| (m) The Agency
Department shall promulgate any other rules | 6 |
| and regulations as
may be necessary to implement this Section.
| 7 |
| (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
| 8 |
| (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
| 9 |
| Sec. 14. Waste management funds.
| 10 |
| (a) There is hereby created in the State
treasury a special | 11 |
| fund to be known as the "Low-Level Radioactive Waste
Facility | 12 |
| Development and Operation Fund".
All monies within the | 13 |
| Low-Level Radioactive Waste Facility Development and
Operation | 14 |
| Fund shall be invested by the State Treasurer in accordance | 15 |
| with
established investment practices. Interest earned by such | 16 |
| investment shall be
returned to the Low-Level Radioactive Waste | 17 |
| Facility Development and Operation
Fund.
Except as otherwise | 18 |
| provided in
this subsection, the Department of Nuclear Safety | 19 |
| or its successor agency,
the Illinois Emergency Management | 20 |
| Agency, shall deposit 80%
of all receipts from the fees | 21 |
| required under subsections (a) and (b)
of Section 13 in the | 22 |
| State Treasury to the credit of this Fund. Beginning
July 1, | 23 |
| 1997, and until December 31 of the year in which the Task Group
| 24 |
| approves a proposed site under Section 10.3, the Department or | 25 |
| the Agency
shall deposit all fees collected under subsections | 26 |
| (a)
and (b) of Section 13 of this Act into the
Fund. Subject to | 27 |
| appropriation, the Department or the Agency is authorized
to | 28 |
| expend all
moneys in the Fund in amounts it deems necessary
| 29 |
| for:
| 30 |
| (1) hiring personnel and any other operating and | 31 |
| contingent expenses
necessary for the proper | 32 |
| administration of this Act;
| 33 |
| (2) contracting with any firm for the purpose of | 34 |
| carrying out the
purposes of this Act;
| 35 |
| (3) grants to the Central Midwest Interstate Low-Level |
|
|
|
SB2647 |
- 30 - |
LRB094 14569 RSP 49512 b |
|
| 1 |
| Radioactive Waste
Commission;
| 2 |
| (4) hiring personnel, contracting with any person, and | 3 |
| meeting any
other expenses incurred by the Department or | 4 |
| the Agency in fulfilling its
responsibilities under the | 5 |
| Radioactive Waste Compact Enforcement Act;
| 6 |
| (5) activities under Sections 10, 10.2 and 10.3;
| 7 |
| (6) payment of fees in lieu of taxes to a local | 8 |
| government
having within
its boundaries a regional | 9 |
| disposal facility;
| 10 |
| (7) payment of grants to counties or municipalities | 11 |
| under
Section 12.1; and
| 12 |
| (8) fulfillment of obligations under a community | 13 |
| agreement
under Section 12.1.
| 14 |
| In spending monies pursuant to such appropriations, the | 15 |
| Department or the
Agency shall
to the extent practicable avoid | 16 |
| duplicating expenditures made by any firm
pursuant to a | 17 |
| contract awarded under this Section. On or before March 1,
1989 | 18 |
| and on or before October 1
of 1989, 1990, 1991, 1992, and 1993, | 19 |
| the Department of Nuclear Safety shall
deliver to the
Governor, | 20 |
| the President and Minority Leader of the Senate, the Speaker | 21 |
| and
Minority Leader of the House, and each of the generators | 22 |
| that have
contributed during the preceding State fiscal year to | 23 |
| the Low-Level
Radioactive Waste Facility Development and | 24 |
| Operation Fund a financial
statement, certified and verified by | 25 |
| the Director, which details all
receipts and expenditures from | 26 |
| the fund during the preceding State fiscal
year; provided that | 27 |
| the report due on or before March 1, 1989 shall detail
all | 28 |
| receipts and expenditures from the fund during the period from | 29 |
| July 1,
1988 through January 31, 1989. The financial statements | 30 |
| shall identify all
sources of income to the
fund and all | 31 |
| recipients of expenditures from the fund, shall specify the
| 32 |
| amounts of all the income and expenditures, and shall indicate | 33 |
| the amounts
of all the income and expenditures, and shall | 34 |
| indicate the purpose for all
expenditures.
| 35 |
| (b) There is hereby created in the State Treasury a special | 36 |
| fund to be
known as the "Low-Level Radioactive Waste Facility |
|
|
|
SB2647 |
- 31 - |
LRB094 14569 RSP 49512 b |
|
| 1 |
| Closure, Post-Closure
Care and Compensation Fund".
All monies | 2 |
| within the Low-Level Radioactive Waste Facility Closure,
| 3 |
| Post-Closure Care and Compensation Fund shall be invested by | 4 |
| the State
Treasurer in accordance with established investment | 5 |
| practices. Interest earned
by such investment shall be returned | 6 |
| to the Low-Level Radioactive Waste
Facility Closure, | 7 |
| Post-Closure Care and Compensation Fund.
The Department of | 8 |
| Nuclear Safety or its successor agency, the Illinois
Emergency | 9 |
| Management Agency, shall deposit 20% of all
receipts from the | 10 |
| fees required under subsections (a) and (b) of Section 13
of | 11 |
| this Act in the State treasury to the credit of this Fund, | 12 |
| except
that, pursuant to subsection (a) of Section 14 of this | 13 |
| Act, there shall be no
such deposit
into this Fund between July | 14 |
| 1, 1997 and December 31 of the year in which the
Task Group | 15 |
| approves a proposed site pursuant to Section 10.3 of this Act.
| 16 |
| All deposits
into this
Fund shall be held by the State | 17 |
| Treasurer separate and apart from all
public money or funds of | 18 |
| this State. Subject to appropriation, the
Department or the | 19 |
| Agency is authorized to expend any moneys in this Fund in
| 20 |
| amounts it deems
necessary for:
| 21 |
| (1) decommissioning and other procedures required for | 22 |
| the proper closure
of the regional disposal facility;
| 23 |
| (2) monitoring, inspecting, and other procedures | 24 |
| required for the proper
closure, decommissioning, and
| 25 |
| post-closure care of the regional disposal facility;
| 26 |
| (3) taking any remedial actions necessary to protect | 27 |
| human health and
the environment from releases or | 28 |
| threatened releases of wastes from
the regional disposal | 29 |
| facility;
| 30 |
| (4) the purchase of facility and third-party liability | 31 |
| insurance
necessary during the institutional control | 32 |
| period of the regional
disposal facility;
| 33 |
| (5) mitigating the impacts of the suspension or | 34 |
| interruption of the
acceptance of waste for disposal;
| 35 |
| (6) compensating any person suffering any damages or | 36 |
| losses to a
person or property caused by a release from the |
|
|
|
SB2647 |
- 32 - |
LRB094 14569 RSP 49512 b |
|
| 1 |
| regional disposal facility
as provided
for in Section 15; | 2 |
| and
| 3 |
| (7) fulfillment of obligations under a community | 4 |
| agreement under Section
12.1.
| 5 |
| On or before March 1 of each year, the Department of | 6 |
| Nuclear Safety or its
successor agency, the Illinois Emergency | 7 |
| Management Agency, shall deliver to
the
Governor, the President | 8 |
| and Minority Leader of the Senate, the Speaker and
Minority | 9 |
| Leader of the House, and each of the generators that have
| 10 |
| contributed during the preceding State fiscal year to the Fund | 11 |
| a financial
statement, certified and verified by the Director, | 12 |
| which details all
receipts and expenditures from the Fund | 13 |
| during the preceding State fiscal
year. The financial | 14 |
| statements shall identify all sources of income to the
Fund and | 15 |
| all recipients of expenditures from the Fund, shall specify the
| 16 |
| amounts of all the income and expenditures, and shall indicate | 17 |
| the amounts
of all the income and expenditures, and shall | 18 |
| indicate the purpose for all
expenditures.
| 19 |
| (c) (Blank).
| 20 |
| (d) The Department of Nuclear Safety or its successor | 21 |
| agency, the Illinois
Emergency Management Agency, may accept | 22 |
| for any of its purposes and functions
any donations, grants of | 23 |
| money, equipment, supplies, materials, and services
from any | 24 |
| state or the United States, or from any institution, person, | 25 |
| firm
or corporation. Any donation or grant of money received | 26 |
| after January 1,
1986 shall be deposited in either the | 27 |
| Low-Level Radioactive Waste
Facility Development and Operation | 28 |
| Fund or the Low-Level Radioactive Waste
Facility Closure, | 29 |
| Post-Closure Care and Compensation Fund, in accordance
with the | 30 |
| purpose of the grant.
| 31 |
| (Source: P.A. 92-276, eff. 8-7-01.)
| 32 |
| (420 ILCS 20/15) (from Ch. 111 1/2, par. 241-15)
| 33 |
| Sec. 15. Compensation.
| 34 |
| (a) Any person may apply to the Agency
Department pursuant | 35 |
| to this
Section for
compensation of a loss caused by the |
|
|
|
SB2647 |
- 33 - |
LRB094 14569 RSP 49512 b |
|
| 1 |
| release, in Illinois, of radioactivity
from the regional | 2 |
| disposal facility. The Agency
Department shall
prescribe | 3 |
| appropriate
forms and procedures for claims filed pursuant to | 4 |
| this Section, which shall
include, as a minimum, the following:
| 5 |
| (1) Provisions requiring the claimant to make a sworn | 6 |
| verification of
the claim to the best of his or her | 7 |
| knowledge.
| 8 |
| (2) A full description, supported by appropriate | 9 |
| evidence from
government agencies, of the release of the | 10 |
| radioactivity claimed to be the
cause of the physical | 11 |
| injury, illness, loss of income or property damage.
| 12 |
| (3) If making a claim based upon physical injury or | 13 |
| illness, certification
of the medical history of the | 14 |
| claimant for the 5 years preceding the date of
the claim, | 15 |
| along with certification of the alleged physical injury or | 16 |
| illness,
and expenses for the physical injury or illness, | 17 |
| made by hospitals, physicians
or other qualified medical | 18 |
| authorities.
| 19 |
| (4) If making a claim for lost income, information on | 20 |
| the claimant's
income as reported on his or her federal | 21 |
| income tax return or other document
for the preceding 3 | 22 |
| years in order to compute lost wages or income.
| 23 |
| (b) The Agency
Department shall hold at least one hearing, | 24 |
| if
requested by the
claimant, within 60 days of submission of a | 25 |
| claim to the Agency
Department . The
Director shall render a | 26 |
| decision on a claim within 30 days of the
hearing
unless all of | 27 |
| the parties to the claim agree in writing to an extension of
| 28 |
| time. All decisions rendered by the Director shall be in
| 29 |
| writing, with
notification to all appropriate parties. The | 30 |
| decision shall be considered
a final administrative decision | 31 |
| for the purposes of judicial review.
| 32 |
| (c) The following losses shall be compensable under this | 33 |
| Section,
provided that the Agency
Department has found that the | 34 |
| claimant has
established,
by the weight of the evidence, that | 35 |
| the losses were proximately caused by
the designated release | 36 |
| and are not otherwise compensable under law:
|
|
|
|
SB2647 |
- 34 - |
LRB094 14569 RSP 49512 b |
|
| 1 |
| (1) One hundred percent of uninsured, out-of-pocket | 2 |
| medical expenses, for
up to 3 years from the onset of | 3 |
| treatment;
| 4 |
| (2) Eighty percent of any uninsured, actual lost wages, | 5 |
| or business
income in lieu of wages, caused by injury to | 6 |
| the claimant or the claimant's
property, not to exceed | 7 |
| $15,000 per year for 3 years;
| 8 |
| (3) Eighty percent of any losses or damages to real or | 9 |
| personal
property; and
| 10 |
| (4) One hundred percent of costs of any remedial | 11 |
| actions on such
property necessary to protect human health | 12 |
| and the environment.
| 13 |
| (d) No claim may be presented to the Agency
Department
| 14 |
| under this
Section
later than 5 years from the date of | 15 |
| discovery of the damage or loss.
| 16 |
| (e) Compensation for any damage or loss under this Section | 17 |
| shall
preclude indemnification or reimbursement from any other | 18 |
| source for the
identical damage or loss, and indemnification or | 19 |
| reimbursement from any
other source shall preclude | 20 |
| compensation under this Section.
| 21 |
| (f) The Agency
Department shall adopt, and revise when | 22 |
| appropriate,
rules and
regulations necessary to implement the | 23 |
| provisions of this Section,
including methods that provide for | 24 |
| establishing that a claimant has
exercised reasonable | 25 |
| diligence in satisfying the conditions of the
application | 26 |
| requirements, for specifying the proof necessary to establish a
| 27 |
| damage or loss compensable under this Section and for | 28 |
| establishing
the administrative procedures to be followed in | 29 |
| reviewing claims.
| 30 |
| (g) Claims approved by the Director shall be paid from the
| 31 |
| Low-Level
Radioactive Waste Facility Closure, Post-Closure | 32 |
| Care and Compensation
Fund, except that claims shall not be | 33 |
| paid in excess of the amount
available in the Fund. In the case | 34 |
| of insufficient amounts in the Fund to
satisfy claims against | 35 |
| the Fund, the General Assembly may appropriate
monies to the | 36 |
| Fund in amounts it deems necessary to pay the claims.
|
|
|
|
SB2647 |
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LRB094 14569 RSP 49512 b |
|
| 1 |
| (Source: P.A. 87-1166.)
| 2 |
| (420 ILCS 20/17) (from Ch. 111 1/2, par. 241-17)
| 3 |
| Sec. 17. Penalties.
| 4 |
| (a) Any person operating any facility in violation of | 5 |
| Section 8
shall be subject to a civil penalty not to exceed | 6 |
| $100,000 per day of
violation.
| 7 |
| (b) Any person failing to pay the fees provided for in
| 8 |
| Section 13 shall be liable to a civil penalty not to exceed 4 | 9 |
| times the
amount of the fees not paid.
| 10 |
| (c) At the request of the Agency
Department , the civil | 11 |
| penalties
shall be recovered
in an action brought by the | 12 |
| Attorney General on behalf of the State in the
circuit court in | 13 |
| which the violation occurred. All amounts collected from
fines | 14 |
| under this Section shall be deposited in the Low-Level | 15 |
| Radioactive
Waste Facility Closure, Post-Closure Care and | 16 |
| Compensation Fund.
| 17 |
| (Source: P.A. 87-1166.)
| 18 |
| (420 ILCS 20/18) (from Ch. 111 1/2, par. 241-18)
| 19 |
| Sec. 18. Judicial review.
| 20 |
| Any person affected by a
final order or determination of | 21 |
| the Department of Nuclear Safety or its
successor agency, the | 22 |
| Illinois Emergency Management Agency, under this Act
may
obtain | 23 |
| judicial review, by filing a
petition for review within 90 days | 24 |
| after the entry of the order or other
final action complained | 25 |
| of.
| 26 |
| The review proceeding shall be conducted in accordance with | 27 |
| the
Administrative Review Law, except that the proceeding shall | 28 |
| originate in
the appellate court rather than in the circuit | 29 |
| court.
| 30 |
| (Source: P.A. 86-1044; 86-1050; 86-1475; 87-1244; 87-1267.)
| 31 |
| (420 ILCS 20/21.1) (from Ch. 111 1/2, par. 241-21.1)
| 32 |
| Sec. 21.1. (a) For the purpose of conducting subsurface | 33 |
| surveys and
other studies under this Act, officers and |
|
|
|
SB2647 |
- 36 - |
LRB094 14569 RSP 49512 b |
|
| 1 |
| employees of the Agency
Department and
officers and employees | 2 |
| of any person under contract or subcontract with the
Agency
| 3 |
| Department shall have the power to enter upon the lands or
| 4 |
| waters of any
person upon written notice to the known owners | 5 |
| and occupants, if any.
| 6 |
| (b) In addition to the powers under subsection (a), and | 7 |
| without
limitation to those powers, the Agency
Department and | 8 |
| any person under
contract or
subcontract with the Agency
| 9 |
| Department shall also have the power to
enter
contracts and | 10 |
| agreements which allow entry upon the lands or waters of any
| 11 |
| person for the purpose of conducting subsurface surveys and | 12 |
| other studies under
this Act.
| 13 |
| (c) The Agency
Department shall be responsible for any | 14 |
| actual
damages
occasioned by the entry upon the lands or waters | 15 |
| of any person under this
Section.
| 16 |
| (Source: P.A. 85-1133.)
| 17 |
| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
|
|