(420 ILCS 20/1) (from Ch. 111 1/2, par. 241-1)
Sec. 1.
This Act shall be known and may be cited as the "Illinois
Low-Level Radioactive Waste Management Act".
(Source: P.A. 83-991.)
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(420 ILCS 20/2) (from Ch. 111 1/2, par. 241-2)
Sec. 2. (a) The General Assembly finds: (1) that low-level radioactive wastes are produced in | ||
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(2) that such radioactive wastes pose a significant | ||
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(3) that it is the obligation of the State of | ||
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(b) The Agency has attained federal agreement state status and thereby has assumed regulatory authority over low-level radioactive waste from the United States Nuclear Regulatory Commission under Section 274b of the Atomic Energy Act of 1954 (42 U.S.C. 2014). It is the purpose of this Act to establish a comprehensive program for the storage, treatment, and disposal of low-level radioactive wastes in Illinois. It is the intent of the General Assembly that the program provide for the management of these wastes in the safest manner possible and in a manner that creates the least risk to human health and the environment of Illinois and that the program encourage to the fullest extent possible the use of environmentally sound waste management practices alternative to land disposal including waste recycling, compaction, incineration and other methods to reduce the amount of wastes produced, and to ensure public participation in all phases of the development of this radioactive waste management program.(Source: P.A. 103-569, eff. 6-1-24.) |
(420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3) Sec. 3. Definitions. "Agency" or "IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homeland Security, or its successor agency. "Broker" means any person who takes possession of low-level waste for purposes of consolidation and shipment. "Compact" means the Central Midwest Interstate Low-Level Radioactive Waste Compact. "Decommissioning" means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at a facility. "Director" means the Director of the Agency. "Disposal" means the isolation of waste from the biosphere in a permanent facility designed for that purpose. "Facility" means a parcel of land or site, together with structures, equipment and improvements on or appurtenant to the land or site, which is used or is being developed for the treatment, storage or disposal of low-level radioactive waste. "Facility" does not include lands, sites, structures or equipment used by a generator in the generation of low-level radioactive wastes. "Generator" means any person who produces or possesses low-level radioactive waste in the course of or incident to manufacturing, power generation, processing, medical diagnosis and treatment, research, education or other activity. "Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed, and which has been identified, by characteristics or listing, as hazardous under Section 3001 of the Resource Conservation and Recovery Act of 1976, P.L. 94-580 or under regulations of the Pollution Control Board. "High-level radioactive waste" means: (1) the highly radioactive material resulting from | ||
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(2) the highly radioactive material that the Nuclear | ||
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"Low-level radioactive waste" or "waste" means radioactive waste not classified as (1) high-level radioactive waste, (2) transuranic waste, (3) spent nuclear fuel, or (4) byproduct material as defined in Sections 11e(2), 11e(3), and 11e(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2014). This definition shall apply notwithstanding any declaration by the federal government, a state, or any regulatory agency that any radioactive material is exempt from any regulatory control. "Mixed waste" means waste that is both "hazardous waste" and "low-level radioactive waste" as defined in this Act. "Nuclear facilities" means nuclear power plants, facilities housing nuclear test and research reactors, facilities for the chemical conversion of uranium, and facilities for the storage of spent nuclear fuel or high-level radioactive waste. "Nuclear power plant" or "nuclear steam-generating facility" means a thermal power plant in which the energy (heat) released by the fissioning of nuclear fuel is used to boil water to produce steam. "Nuclear power reactor" means an apparatus, other than an atomic weapon, designed or used to sustain nuclear fission in a self-supporting chain reaction. "Person" means an individual, corporation, business enterprise or other legal entity either public or private and any legal successor, representative, agent or agency of that individual, corporation, business enterprise, or legal entity. "Post-closure care" means the continued monitoring of the regional disposal facility after closure for the purposes of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements, and includes undertaking any remedial actions necessary to protect public health and the environment from radioactive releases from the facility. "Regional disposal facility" or "disposal facility" means the facility established by the State of Illinois under this Act for disposal away from the point of generation of waste generated in the region of the Compact. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment of low-level radioactive waste. "Remedial action" means those actions taken in the event of a release or threatened release of low-level radioactive waste into the environment, to prevent or minimize the release of the waste so that it does not migrate to cause substantial danger to present or future public health or welfare or the environment. The term includes, but is not limited to, actions at the location of the release such as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released low-level radioactive wastes, recycling or reuse, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, onsite treatment or incineration, provision of alternative water supplies and any monitoring reasonably required to assure that these actions protect human health and the environment. "Scientific Surveys" means, collectively, the Illinois State Geological Survey and the Illinois State Water Survey of the University of Illinois. "Shallow land burial" means a land disposal facility in which radioactive waste is disposed of in or within the upper 30 meters of the earth's surface. However, this definition shall not include an enclosed, engineered, structurally re-enforced and solidified bunker that extends below the earth's surface. "Small modular reactor" or "SMR" means an advanced nuclear reactor: (1) with a rated nameplate capacity of 300 electrical megawatts or less; and (2) that may be constructed and operated in combination with similar reactors at a single site. "Storage" means the temporary holding of waste for treatment or disposal for a period determined by Agency regulations. "Treatment" means any method, technique or process, including storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to render the waste safer for transport, storage or disposal, amenable to recovery, convertible to another usable material or reduced in volume. "Waste management" means the storage, transportation, treatment or disposal of waste.(Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24.) |
(420 ILCS 20/4) (from Ch. 111 1/2, par. 241-4)
Sec. 4. Generator and broker registration.
(a) All generators
and brokers of any amount of
low-level radioactive waste in Illinois shall register with the Agency. Generators shall register within
60 days of the commencement of generating any low-level radioactive wastes.
Brokers shall register within 60 days of taking
possession of any low-level radioactive waste. Such registration shall
be on a form developed by
the Agency and shall
contain the name, address and officers of the generator or broker, information
on
the types and amounts of wastes produced or possessed and any other
information required
by the Agency.
(b) All registered generators and brokers of any amount of low-level
radioactive waste in Illinois
shall file an annual report with the Agency. The annual report for generators shall contain information
on the types and
quantities of low-level wastes produced in the previous year and expected
to be produced in the future, the methods used to manage these
wastes, the
technological feasibility, economic reasonableness and environmental soundness
of alternative treatment, storage and disposal methods and any other
information
required by the Agency. The annual report for brokers shall contain
information on the types and quantities of low-level radioactive wastes
received and
shipped, identification of the generators from whom such wastes were
received, and the destination of shipments of such wastes.
(c) All registration forms and annual reports required to be filed with
the Agency shall be made available to the public for inspection and
copying.
(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 20/5) (from Ch. 111 1/2, par. 241-5)
Sec. 5. Requirements for disposal facility contractors; operating
agreements.
(a) The Agency shall promulgate rules and regulations establishing
standards applicable to the selection of a contractor or contractors for the
design, development, construction, and operation of a low-level radioactive
waste disposal facility away from the point of generation necessary to protect
human health and the environment. The regulations shall establish, but need
not be limited to, the following:
(1) The number of contractors to design, develop, and | ||
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(2) Requirements and standards relating to the | ||
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(3) Requirements and standards relating to the | ||
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(4) Requirements and standards for the qualifications | ||
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The Agency shall hold at least one public hearing before promulgating
the regulations.
(b) The Agency may enter into one or more operating agreements
with a qualified operator of the regional disposal facility, which agreement
may contain such provisions with respect to the construction, operation,
closure, and post-closure maintenance of the regional disposal facility by the
operator as the Agency shall determine, including, without limitation, (i)
provisions leasing, or providing for the lease of, the site to the operator and
authorizing the operator to construct, own and operate the facility and to
transfer the facility to the Agency following closure and any additional
years of post-closure maintenance that the Agency shall determine; (ii)
provisions granting exclusive rights to the operator with respect to the
disposal of low-level radioactive waste in this State during the term of the
operating agreement; (iii) provisions authorizing the operator to impose fees
upon all persons using the facility as provided in this Act and providing for
the Agency to audit the charges of the operator under the operating
agreement; and (iv) provisions relating to the obligations of the operator and
the Agency in the event of any closure of the facility or any termination
of the operating agreement.
(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 20/6) (from Ch. 111 1/2, par. 241-6)
Sec. 6. Requirements for disposal facility.
(a) The Agency shall as it
deems necessary to protect human health and the environment,
promulgate rules and regulations establishing standards applicable to
the regional disposal facility. The rules
and regulations shall reflect the best available management technologies which
are economically reasonable, technologically feasible and environmentally sound
for the disposal of the wastes and shall establish, but need not be limited to
the establishment of:
(1) requirements and performance standards for the | ||
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(2) requirements and standards for the keeping of | ||
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(3) requirements and standards for the technical | ||
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(4) requirements and standards for establishing the | ||
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(5) requirements and standards for the emergency | ||
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(6) requirements and standards for the closure, | ||
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(b) The regulations shall include provisions requiring that the contractor
selected to operate the disposal facility post a performance bond with the Agency
or show evidence of liability insurance or other means of
establishing financial responsibility in an amount sufficient to adequately
provide for any necessary remedial actions or liabilities that might be
incurred by the operation of the disposal facility during the operating period
and during a reasonable period of post-closure care.
(c) The regulations adopted for the requirements and performance
standards of a disposal facility shall not provide for the shallow land
burial of low-level radioactive wastes.
(d) The Agency shall hold at least one public hearing
before adopting rules under this Section.
(e) All rules adopted under this
Section shall
be at least as stringent as those promulgated by the U.S. Nuclear Regulatory
Commission under the Atomic Energy Act of 1954 (42 U.S.C. 2014) and any
other applicable federal laws.
(f) The State of Illinois shall have no liability to any person
or entity by
reason of a failure, delay, or cessation in the operation of the disposal
facility.
(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 20/7) (from Ch. 111 1/2, par. 241-7)
Sec. 7. Requirements for waste treatment. The Agency shall promulgate
rules and regulations establishing standards applicable to the treatment
of low-level radioactive wastes disposed of in any facility in Illinois
necessary to protect human health and the environment. Such rules and
regulations
shall reflect the best available treatment technologies that are
economically
reasonable, technologically feasible and environmentally sound for reducing
the quantity and radioactive quality of such wastes prior to land burial
and shall establish, but need not be limited to, requirements respecting:
(1) the form in which low-level radioactive wastes | ||
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(2) the use of treatment technologies for recycling, | ||
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(3) the use of technologies for the treatment of such | ||
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The Agency shall hold at least one public hearing prior to promulgating
such regulations.
(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 20/8) (from Ch. 111 1/2, par. 241-8)
Sec. 8. Requirements for waste facility licensing.
(a) No person shall operate any facility for the storage, treatment, or
disposal of low-level radioactive wastes away from the point of generation in
Illinois without a license granted by the Agency.
(b) Each application for a license under this Section shall contain such
information as may be required by the Agency, including, but not limited
to, information respecting:
(1) estimates of the quantities and types of wastes | ||
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(2) the design specifications and proposed operating | ||
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(3) financial and personnel information necessary to | ||
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(4) a closure plan to ensure the proper closure, | ||
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(5) a contingency plan to establish the procedures to | ||
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(c) The Director may issue a license for the construction and operation of
a facility authorized by this Act, provided the applicant for the
license has complied
with applicable provisions of this Act and regulations of the Agency.
No
license issued by the Director shall authorize the disposal of
mixed waste at any regional disposal facility. In the event that
an applicant or licensee proposes modifications to a facility, or
in the event
that the Director determines that modifications are necessary to conform to the
requirements of this Act, the Director may issue any license
modifications
necessary to protect human health and the environment and may specify the time
allowed to complete the modifications.
(d) Upon a determination by the Director of substantial noncompliance
with any license granted under this Act or upon a determination
that
an emergency exists posing a significant hazard to public health and the
environment, the Director may revoke a license issued under
this Act. Before revoking any
license, the Director shall serve notice upon the alleged violator setting
forth the Sections of this Act, or the rules adopted
under
this
Act, that are alleged to have been violated. The Director shall
hold
at least
one public hearing not later than 30 days following the notice.
(e) No person shall operate and the Director shall not issue any
license under this Section to operate any disposal facility for the shallow
land burial of low-level radioactive wastes in Illinois.
(f) (Blank).
(g) Notwithstanding subsection (d) of Section 10.3 of this Act, a
license issued by the Agency to operate any regional
disposal facility shall be revoked as a matter of law to the extent that the
license authorizes disposal if:
(1) the facility accepts for disposal byproduct | ||
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(2) (A) if the facility is located more than 1 1/2 | ||
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(B) if the facility is located within a municipality | ||
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 20/9) (from Ch. 111 1/2, par. 241-9)
Sec. 9. Requirements for waste transporters.
(a) No person shall transport any low-level radioactive waste to a storage,
treatment or disposal facility in Illinois licensed under Section 8 without a
permit granted by the Agency.
(b) No person shall transport any low-level radioactive waste to a storage,
treatment or disposal facility licensed under Section 8 without a manifest
document. The Agency shall develop the form for such manifests and shall
promulgate rules and regulations establishing a system of tracking wastes from
their point of generation to storage, treatment, and ultimate disposal.
(c) Each application for a permit under this Section shall contain
any information as may be required under regulations promulgated by the Agency, including, but not limited to, information respecting:
(1) The estimated quantities and types of wastes to | ||
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(2) The procedures and methods used to monitor and | ||
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(3) The timetables according to which the wastes are | ||
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(4) The qualifications and training of personnel | ||
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(5) The use of interim storage and transshipment | ||
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(d) The Director may issue a permit to any applicant who
has met and whom he believes will comply with the requirements of the
Illinois Hazardous Materials Transportation Act and any other applicable
State or federal laws or regulations. In the event that an
applicant or permittee
proposes modifications of a permit, or in the event that the Director
determines that modifications are necessary to conform with the requirements of
the Act, the Director may issue any permit modifications necessary to protect
human health and the environment and may specify the time allowed to complete
the modifications.
(e) The Agency shall inspect each shipment of low-level radioactive
wastes received at the regional disposal facility for compliance with the
packaging, placarding and other requirements established by rules and
regulations promulgated by the Illinois Department of Transportation under the
Illinois Hazardous Materials Transportation Act and any other applicable State
or federal regulations. The Agency shall notify the Attorney General of
any apparent violations for possible prosecution under Sections 11 and 12 of
that Act.
(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 20/10) (from Ch. 111 1/2, par. 241-10)
Sec. 10. Disposal facility contractor selection. Upon adopting the regulations establishing requirements for waste
disposal facilities provided for in Section 6, the Agency shall solicit
proposals for the selection of one or more contractors to site, design,
develop, construct, operate, close, provide post-closure care for, and
decommission the disposal facility. Not later than 6 months after the
solicitation of
proposals, the Director shall select the applicant who has submitted the
proposal that best conforms to the
requirements of this Act and to the rules adopted under this Act.
(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
Sec. 10.2. Selection of site for characterization. (a) (Blank).
(b) (Blank).
(c) (Blank).
(c-3) (Blank).
(c-5) The Agency may adopt rules establishing a
site selection process for a regional disposal facility. In
developing rules, the Agency
shall, at a minimum, consider the following:
(1) A comprehensive and open process under which the | ||
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(2) Utilization of State screening and volunteer site | ||
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(3) Coordination of the site selection process with | ||
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The site selection process established under this subsection shall require
the contractor selected by the Agency pursuant to Sections 5 and 10 of this
Act to propose one site to the Agency for approval.
(d) The contractor selected by the Agency under Sections 5 and
10
of this Act shall conduct evaluations,
including possible intrusive field investigations, of the sites and locations
identified under the site selection process established under subsection
(c-5) of this Section.
(e) Upon completion of the site evaluations,
the
contractor selected by the Agency shall identify one site of at least 640
acres that appears
promising for development of the regional disposal facility in compliance. The
contractor may conduct any other evaluation of the site identified under
this subsection that the contractor deems appropriate. Upon
completion of the evaluations under this subsection, the
contractor shall
prepare and submit to the Agency a report on the evaluation of the
identified site, including a recommendation as to whether the identified site
should be further considered for selection as a site for the
regional disposal facility. A site so recommended for further
consideration is hereinafter referred to as a "proposed site".
(f) (Blank).
(g) The Agency may require a
contractor to submit a further report pursuant to subsection (e) of this
Section proposing another site from the locations identified under the site
selection process established pursuant to subsection (c-5) of this Section as likely to satisfy the criteria. The
new proposed site shall be the subject
of a public meeting under this subsection. The contractor selected by the Agency
shall
propose
additional sites until the Agency has approved a proposed site recommended by a
contractor. In the event that the Agency
does not approve any of the proposed sites recommended by the
contractor under this subsection, the Agency shall prepare a study containing, at a minimum, the Agency's
recommendations regarding the viability of the site selection
process established pursuant to this Act. The Agency
shall provide copies of the study to the Governor, the President and
Minority Leader of the Senate, and the Speaker and Minority Leader of the
House. The Agency shall also publish a notice of availability of the study
in the State newspaper and make copies of the report available without charge
to the public.
(h) (Blank).
(i) Upon the Agency's approval, the contractor shall
proceed with the characterization and licensure of the proposed site under
Section 10.3 of this Act.
(Source: P.A. 100-146, eff. 1-1-18.)
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(420 ILCS 20/10.3) (from Ch. 111 1/2, par. 241-10.3)
Sec. 10.3. Site characterization; license application; adjudicatory
hearing; exclusivity. (a) If the contractor chosen under Sections 5 and 10, following characterization, determines that the
proposed site is appropriate for the development of a
regional disposal facility, the
contractor shall submit
to the Agency an application for a license to
construct and operate the facility at the selected site.
(b) If the contractor determines, following or at any time during
characterization of a site, that the
proposed site is not appropriate for the development of a regional disposal facility, the Agency
may require the contractor to propose an additional site from the locations identified under the site selection process
established under subsection (c-5) of Section 10.2. The new proposed site shall
be the
subject of public notice, distribution, and public meeting conducted by the Agency
under the procedures set forth in subsections (f) and (g) of
Section
10.2
of this Act. The contractor selected by the Agency shall propose
additional sites and the Agency shall conduct additional public meetings
until the contractor has determined, following characterization, that the site
is appropriate for the development of the regional disposal facility. Upon the
selection of a proposed site under this subsection, the contractor shall
submit to the Agency an application for a license to construct and operate
a regional disposal facility at the selected site.
(c) The Agency shall review the license application filed pursuant to
Section 8 and subsections (a) and (b) of this Section in accordance
with its rules and the agreement between the State of Illinois and the
Nuclear Regulatory Commission under Section 274 of the Atomic Energy Act.
If the Agency determines that the license should be issued, the Agency
shall publish in the State newspaper a notice of intent to issue
the license. Objections to issuance of the license may be filed within 90
days of publication of the notice. Upon receipt of objections, the
Director shall appoint a hearing officer who shall conduct an adjudicatory
hearing on the objections. The burden of proof at the hearing shall be on
the person filing the objections. Upon completion of the hearing, the
hearing officer shall recommend to the Director whether the license should
be issued. The decision of the Director to issue or deny the
license may be appealed under Section 18.
(d) The procedures, criteria, terms, and conditions set forth in this Act,
and in the rules adopted under this Act, for the treatment,
storage, and disposal of low-level radioactive waste and for the siting,
licensure, design, construction, maintenance, operation, closure,
decommissioning, and post-closure care of the regional disposal facility shall
be the exclusive procedures, criteria, terms, and conditions for
those matters.
(Source: P.A. 100-146, eff. 1-1-18.)
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(420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11)
Sec. 11. Report by the Agency.
(a) (Blank).
(b) (Blank).
(c) At any time necessary, as determined by the Director, to ensure proper
planning and policy responses relating to the continued availability of
facilities for the storage and disposal of low-level radioactive wastes, the Agency
shall deliver to the Governor, the President and Minority Leader of
the Senate, and the Speaker and Minority Leader of the House a report that shall include, at a minimum, an
analysis of the impacts of restrictions on disposal of
low-level
radioactive waste at commercial disposal facilities outside the State of
Illinois and the Agency's analysis of, and recommendations regarding, the
feasibility of a centralized interim storage facility for low-level radioactive
waste generated within the region of the Compact and the nature and extent, if
any, of the generator's or any other entity's responsibility for or title to
the waste to be stored at a centralized interim storage facility after
the waste has been delivered to that facility.
(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 20/12.1) (from Ch. 111 1/2, par. 241-12.1)
Sec. 12.1. Grants; community agreements.
(a) The Director may make grants to the county or counties containing
a site proposed under subsection (d) of Section 10.2 and may make
grants to any
municipality containing or within 1.5 miles of a proposed site. The grants
may be used for any lawful purposes, including technical reviews of the
proposed site and participation in public meetings held during the site selection process.
(b) The Director may make grants to the county or counties containing a
site to be characterized under Section 10.3 and may make a grant to any municipality
containing or within 1.5 miles of any such site. The grants may be
used for any
lawful purposes, including review of site characterization work,
participation in an adjudicatory hearing under subsection (c) of Section
10.3, and negotiation of an agreement under subsection (c) of this Section.
(c) The Director may enter into one or more community
agreements with the county or counties
containing a site for which a license application has been submitted under
Section 10.3. The Director may also enter into one or more community
agreements with any
municipality containing or within 1.5 miles of a site for which a license
application has been submitted under Section 10.3. An agreement
under this subsection may
include, but need not be limited to, matters of technical and socioeconomic
concern regarding the development, operation, closure, and post-closure
care of the disposal facility to be constructed at the site.
(Source: P.A. 100-146, eff. 1-1-18.)
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(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
Sec. 13. Waste fees. (a) The Agency shall collect a fee from each generator of low-level radioactive wastes in this State, except as otherwise provided in this subsection. Except as provided in subdivision (b)(2) and subsections (c) and (d), the amount of the fee shall be $50.00 or the following amount, whichever is greater: (1) $1 per cubic foot of waste shipped for storage, | ||
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(2) $2 per cubic foot of waste stored for shipment if | ||
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(3) $3 per cubic foot of waste stored for shipment if | ||
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(4) $2 per cubic foot of waste shipped for storage, | ||
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(5) $3 per cubic foot of waste shipped for storage, | ||
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Such fees shall be collected annually or as determined by the Agency and shall be deposited in the low-level radioactive waste funds as provided in Section 14 of this Act. Notwithstanding any other provision of this Act, no fee under this Section shall be collected from a generator for waste generated incident to manufacturing before December 31, 1980, and shipped for disposal outside of this State before December 31, 1992, as part of a site reclamation leading to license termination. Units of local government are exempt from the fee provisions of this subsection. (b)(1) Small modular reactors shall pay low-level radioactive waste fees in accordance with subsection (a). (2) Each nuclear power reactor in this State for which an operating license has been issued by the Nuclear Regulatory Commission shall not be subject to the fee required by subsection (a) with respect to (1) waste stored for shipment if storage of the waste occurs on or after January 1, 1986; and (2) waste shipped for storage, treatment or disposal if storage of the waste for shipment occurs on or after January 1, 1986. In lieu of the fee, each reactor shall be required to pay an annual fee as provided in this subsection for the treatment, storage and disposal of low-level radioactive waste. Beginning with State fiscal year 1986 and through State fiscal year 1997, fees shall be due and payable on January 1st of each year. For State fiscal year 1998 and all subsequent State fiscal years, fees shall be due and payable on July 1 of each fiscal year. The fee due on July 1, 1997 shall be payable on that date, or within 10 days after the effective date of this amendatory Act of 1997, whichever is later. The owner of any nuclear power reactor that has an operating license issued by the Nuclear Regulatory Commission for any portion of State fiscal year 1998 shall continue to pay an annual fee of $90,000 for the treatment, storage, and disposal of low-level radioactive waste through State fiscal year 2002. The fee shall be due and payable on July 1 of each fiscal year. The fee due on July 1, 1998 shall be payable on that date, or within 10 days after the effective date of this amendatory Act of 1998, whichever is later. If the balance in the Low-Level Radioactive Waste Facility Development and Operation Fund falls below $500,000, as of the end of any fiscal year after fiscal year 2002, the Agency is authorized to assess by rule, after notice and a hearing, an additional annual fee to be paid by the owners of nuclear power reactors for which operating licenses have been issued by the Nuclear Regulatory Commission, except that no additional annual fee shall be assessed because of the fund balance at the end of fiscal year 2005 or the end of fiscal year 2006. The additional annual fee shall be payable on the date or dates specified by rule and shall not exceed $30,000 per operating reactor per year. (c) In each of State fiscal years 1988, 1989 and 1990, in addition to the fee imposed in subsections (b) and (d), the owner of each nuclear power reactor in this State for which an operating license has been issued by the Nuclear Regulatory Commission shall pay a fee of $408,000. If an operating license is issued during one of those 3 fiscal years, the owner shall pay a prorated amount of the fee equal to $1,117.80 multiplied by the number of days in the fiscal year during which the nuclear power reactor was licensed. The fee shall be due and payable as follows: in fiscal year 1988, $204,000 shall be paid on October 1, 1987 and $102,000 shall be paid on each of January 1, 1988 and April 1, 1988; in fiscal year 1989, $102,000 shall be paid on each of July 1, 1988, October 1, 1988, January 1, 1989 and April 1, 1989; and in fiscal year 1990, $102,000 shall be paid on each of July 1, 1989, October 1, 1989, January 1, 1990 and April 1, 1990. If the operating license is issued during one of the 3 fiscal years, the owner shall be subject to those payment dates, and their corresponding amounts, on which the owner possesses an operating license and, on June 30 of the fiscal year of issuance of the license, whatever amount of the prorated fee remains outstanding. All of the amounts collected by the Agency under this subsection (c) shall be deposited into the Low-Level Radioactive Waste Facility Development and Operation Fund created under subsection (a) of Section 14 of this Act and expended, subject to appropriation, for the purposes provided in that subsection. (d) In addition to the fees imposed in subsections (b) and (c), the owners of nuclear power reactors in this State for which operating licenses have been issued by the Nuclear Regulatory Commission shall pay the following fees for each such nuclear power reactor: for State fiscal year 1989, $325,000 payable on October 1, 1988, $162,500 payable on January 1, 1989, and $162,500 payable on April 1, 1989; for State fiscal year 1990, $162,500 payable on July 1, $300,000 payable on October 1, $300,000 payable on January 1 and $300,000 payable on April 1; for State fiscal year 1991, either (1) $150,000 payable on July 1, $650,000 payable on September 1, $675,000 payable on January 1, and $275,000 payable on April 1, or (2) $150,000 on July 1, $130,000 on the first day of each month from August through December, $225,000 on the first day of each month from January through March and $92,000 on the first day of each month from April through June; for State fiscal year 1992, $260,000 payable on July 1, $900,000 payable on September 1, $300,000 payable on October 1, $150,000 payable on January 1, and $100,000 payable on April 1; for State fiscal year 1993, $100,000 payable on July 1, $230,000 payable on August 1 or within 10 days after July 31, 1992, whichever is later, and $355,000 payable on October 1; for State fiscal year 1994, $100,000 payable on July 1, $75,000 payable on October 1 and $75,000 payable on April 1; for State fiscal year 1995, $100,000 payable on July 1, $75,000 payable on October 1, and $75,000 payable on April 1, for State fiscal year 1996, $100,000 payable on July 1, $75,000 payable on October 1, and $75,000 payable on April 1. The owner of any nuclear power reactor that has an operating license issued by the Nuclear Regulatory Commission for any portion of State fiscal year 1998 shall pay an annual fee of $30,000 through State fiscal year 2003. For State fiscal year 2004 and subsequent fiscal years, the owner of any nuclear power reactor that has an operating license issued by the Nuclear Regulatory Commission shall pay an annual fee of $30,000 per reactor, provided that the fee shall not apply to a nuclear power reactor with regard to which the owner notified the Nuclear Regulatory Commission during State fiscal year 1998 that the nuclear power reactor permanently ceased operations. The fee shall be due and payable on July 1 of each fiscal year. The fee due on July 1, 1998 shall be payable on that date, or within 10 days after the effective date of this amendatory Act of 1998, whichever is later. The fee due on July 1, 1997 shall be payable on that date or within 10 days after the effective date of this amendatory Act of 1997, whichever is later. If the payments under this subsection for fiscal year 1993 due on January 1, 1993, or on April 1, 1993, or both, were due before the effective date of this amendatory Act of the 87th General Assembly, then those payments are waived and need not be made. All of the amounts collected by the Agency under this subsection (d) shall be deposited into the Low-Level Radioactive Waste Facility Development and Operation Fund created pursuant to subsection (a) of Section 14 of this Act and expended, subject to appropriation, for the purposes provided in that subsection. All payments made by licensees under this subsection (d) for fiscal year 1992 that are not appropriated and obligated by the Agency above $1,750,000 per reactor in fiscal year 1992, shall be credited to the licensees making the payments to reduce the per reactor fees required under this subsection (d) for fiscal year 1993. (e) The Agency shall promulgate rules and regulations establishing standards for the collection of the fees authorized by this Section. The regulations shall include, but need not be limited to: (1) the records necessary to identify the amounts of | ||
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(2) the form and submission of reports to accompany | ||
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(3) the time and manner of payment of fees to the | ||
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(f) Any operating agreement entered into under subsection (b) of Section 5 of this Act between the Agency and any disposal facility contractor shall, subject to the provisions of this Act, authorize the contractor to impose upon and collect from persons using the disposal facility fees designed and set at levels reasonably calculated to produce sufficient revenues (1) to pay all costs and expenses properly incurred or accrued in connection with, and properly allocated to, performance of the contractor's obligations under the operating agreement, and (2) to provide reasonable and appropriate compensation or profit to the contractor under the operating agreement. For purposes of this subsection (f), the term "costs and expenses" may include, without limitation, (i) direct and indirect costs and expenses for labor, services, equipment, materials, insurance and other risk management costs, interest and other financing charges, and taxes or fees in lieu of taxes; (ii) payments to or required by the United States, the State of Illinois or any agency or department thereof, the Central Midwest Interstate Low-Level Radioactive Waste Compact, and subject to the provisions of this Act, any unit of local government; (iii) amortization of capitalized costs with respect to the disposal facility and its development, including any capitalized reserves; and (iv) payments with respect to reserves, accounts, escrows or trust funds required by law or otherwise provided for under the operating agreement. (g) (Blank). (h) (Blank). (i) (Blank). (j) (Blank). (j-5) Prior to commencement of facility operations, the Agency shall adopt rules providing for the establishment and collection of fees and charges with respect to the use of the disposal facility as provided in subsection (f) of this Section. (k) The regional disposal facility shall be subject to ad valorem real estate taxes lawfully imposed by units of local government and school districts with jurisdiction over the facility. No other local government tax, surtax, fee or other charge on activities at the regional disposal facility shall be allowed except as authorized by the Agency. (l) The Agency shall have the power, in the event that acceptance of waste for disposal at the regional disposal facility is suspended, delayed or interrupted, to impose emergency fees on the generators of low-level radioactive waste. Generators shall pay emergency fees within 30 days of receipt of notice of the emergency fees. The Department shall deposit all of the receipts of any fees collected under this subsection into the Low-Level Radioactive Waste Facility Development and Operation Fund created under subsection (b) of Section 14. Emergency fees may be used to mitigate the impacts of the suspension or interruption of acceptance of waste for disposal. The requirements for rulemaking in the Illinois Administrative Procedure Act shall not apply to the imposition of emergency fees under this subsection. (m) The Agency shall promulgate any other rules and regulations as may be necessary to implement this Section.(Source: P.A. 103-569, eff. 6-1-24.) |
(420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
Sec. 14. Waste management funds.
(a) There is hereby created in the State
Treasury a special fund to be known as the "Low-Level Radioactive Waste
Facility Development and Operation Fund".
All monies within the Low-Level Radioactive Waste Facility Development and
Operation Fund shall be invested by the State Treasurer in accordance with
established investment practices. Interest earned by such investment shall be
returned to the Low-Level Radioactive Waste Facility Development and Operation
Fund.
Except as otherwise provided in
this subsection, the Agency shall deposit 80%
of all receipts from the fees required under subsections (a) and (b)
of Section 13 in the State Treasury to the credit of this Fund. Beginning
July 1, 1997, and until December 31 of the year in which the Agency
approves a proposed site under Section 10.3, the Agency
shall deposit all fees collected under subsections (a)
and (b) of Section 13 of this Act into the
Fund. Subject to appropriation, the Agency is authorized to expend all
moneys in the Fund in amounts it deems necessary
for:
(1) hiring personnel and any other operating and | ||
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(2) contracting with any firm for the purpose of | ||
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(3) grants to the Central Midwest Interstate | ||
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(4) hiring personnel, contracting with any person, | ||
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(5) activities under Sections 10, 10.2 and 10.3;
(6) payment of fees in lieu of taxes to a local | ||
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(7) payment of grants to counties or municipalities | ||
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(8) fulfillment of obligations under a community | ||
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In spending monies pursuant to such appropriations, the Agency shall
to the extent practicable avoid duplicating expenditures made by any firm
pursuant to a contract awarded under this Section.
(b) There is hereby created in the State Treasury a special fund to be
known as the "Low-Level Radioactive Waste Facility Closure, Post-Closure
Care and Compensation Fund".
All monies within the Low-Level Radioactive Waste Facility Closure,
Post-Closure Care and Compensation Fund shall be invested by the State
Treasurer in accordance with established investment practices. Interest earned
by such investment shall be returned to the Low-Level Radioactive Waste
Facility Closure, Post-Closure Care and Compensation Fund.
The Agency shall deposit 20% of all
receipts from the fees required under subsections (a) and (b) of Section 13
of this Act in the State Treasury to the credit of this Fund, except
that, pursuant to subsection (a) of Section 14 of this Act, there shall be no
such deposit
into this Fund between July 1, 1997 and December 31 of the year in which the Agency
approves a proposed site pursuant to Section 10.3 of this Act.
All deposits
into this
Fund shall be held by the State Treasurer separate and apart from all
public money or funds of this State. Subject to appropriation, the Agency
is authorized to expend any moneys in this Fund in amounts it deems
necessary for:
(1) decommissioning and other procedures required for | ||
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(2) monitoring, inspecting, and other procedures | ||
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(3) taking any remedial actions necessary to protect | ||
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(4) the purchase of facility and third-party | ||
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(5) mitigating the impacts of the suspension or | ||
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(6) compensating any person suffering any damages or | ||
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(7) fulfillment of obligations under a community | ||
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On or before March 1 of each year, the Agency shall deliver to the
Governor, the President and Minority Leader of the Senate, the Speaker and
Minority Leader of the House, and each of the generators that have
contributed during the preceding State fiscal year to the Fund a financial
statement, certified and verified by the Director, which details all
receipts and expenditures from the Fund during the preceding State fiscal
year. The financial statements shall identify all sources of income to the
Fund and all recipients of expenditures from the Fund, shall specify the
amounts of all the income and expenditures, and shall indicate the amounts
of all the income and expenditures, and shall indicate the purpose for all
expenditures.
(c) (Blank).
(d) The Agency may accept for any of its purposes and functions
any donations, grants of money, equipment, supplies, materials, and services
from any state or the United States, or from any institution, person, firm
or corporation. Any donation or grant of money received after January 1,
1986 shall be deposited in either the Low-Level Radioactive Waste
Facility Development and Operation Fund or the Low-Level Radioactive Waste
Facility Closure, Post-Closure Care and Compensation Fund, in accordance
with the purpose of the grant.
(Source: P.A. 100-146, eff. 1-1-18.)
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(420 ILCS 20/15) (from Ch. 111 1/2, par. 241-15)
Sec. 15. Compensation.
(a) Any person may apply to the Agency pursuant to this Section for
compensation of a loss caused by the release, in Illinois, of radioactivity
from the regional disposal facility. The Agency
shall prescribe appropriate
forms and procedures for claims filed pursuant to this Section, which shall
include, as a minimum, the following:
(1) Provisions requiring the claimant to make a sworn | ||
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(2) A full description, supported by appropriate | ||
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(3) If making a claim based upon physical injury or | ||
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(4) If making a claim for lost income, information on | ||
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(b) The Agency shall hold at least one hearing, if requested by the
claimant, within 60 days of submission of a claim to the Agency. The
Director shall render a decision on a claim within 30 days of the hearing
unless all of the parties to the claim agree in writing to an extension of
time. All decisions rendered by the Director shall be in writing, with
notification to all appropriate parties. The decision shall be considered
a final administrative decision for the purposes of judicial review.
(c) The following losses shall be compensable under this Section,
provided that the Agency has found that the claimant has established,
by the weight of the evidence, that the losses were proximately caused by
the designated release and are not otherwise compensable under law:
(1) One hundred percent of uninsured, out-of-pocket | ||
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(2) Eighty percent of any uninsured, actual lost | ||
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(3) Eighty percent of any losses or damages to real | ||
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(4) One hundred percent of costs of any remedial | ||
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(d) No claim may be presented to the Agency under this Section
later than 5 years from the date of discovery of the damage or loss.
(e) Compensation for any damage or loss under this Section shall
preclude indemnification or reimbursement from any other source for the
identical damage or loss, and indemnification or reimbursement from any
other source shall preclude compensation under this Section.
(f) The Agency shall adopt, and revise when appropriate, rules and
regulations necessary to implement the provisions of this Section,
including methods that provide for establishing that a claimant has
exercised reasonable diligence in satisfying the conditions of the
application requirements, for specifying the proof necessary to establish a
damage or loss compensable under this Section and for establishing
the administrative procedures to be followed in reviewing claims.
(g) Claims approved by the Director shall be paid from the Low-Level
Radioactive Waste Facility Closure, Post-Closure Care and Compensation
Fund, except that claims shall not be paid in excess of the amount
available in the Fund. In the case of insufficient amounts in the Fund to
satisfy claims against the Fund, the General Assembly may appropriate
monies to the Fund in amounts it deems necessary to pay the claims.
(Source: P.A. 95-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
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(420 ILCS 20/17) (from Ch. 111 1/2, par. 241-17)
Sec. 17. Penalties.
(a) Any person operating any facility in violation of Section 8
shall be subject to a civil penalty not to exceed $100,000 per day of
violation.
(b) Any person failing to pay the fees provided for in
Section 13 shall be liable to a civil penalty not to exceed 4 times the
amount of the fees not paid.
(c) At the request of the Agency, the civil penalties shall be recovered
in an action brought by the Attorney General on behalf of the State in the
circuit court in which the violation occurred. All amounts collected from
fines under this Section shall be deposited in the Low-Level Radioactive
Waste Facility Closure, Post-Closure Care and Compensation Fund.
(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 20/18) (from Ch. 111 1/2, par. 241-18)
Sec. 18. Judicial review. Any person affected by a
final order or determination of the Agency
under this Act may
obtain judicial review, by filing a
petition for review within 90 days after the entry of the order or other
final action complained of.
The review proceeding shall be conducted in accordance with the
Administrative Review Law, except that the proceeding shall originate in
the appellate court rather than in the circuit court.
(Source: P.A. 96-328, eff. 8-11-09.)
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(420 ILCS 20/19) (from Ch. 111 1/2, par. 241-19)
Sec. 19.
Agreement State Status.
The Governor, on behalf of this State,
is authorized to enter into agreements with the federal government providing
for discontinuance of certain of the federal government's responsibilities with
respect to low level waste disposal.
In accordance with P.L. 86-373, Section 274b of the Atomic Energy Act,
and the Notice, published in the Federal Register, Vol. 46, No. 15, January
23, 1981, (7540-7546) "Criteria for Guidance of States and NRC in
Discontinuance of NRC Regulatory Authority and Assumption thereof by States
through Agreement", the Governor is hereby authorized to enter into Full or
Limited Agreement State Status for Low Level Waste Disposal with the federal
government for regulatory authority over radioactive byproduct, source and
special nuclear material as defined in Section 11e(1) and Section 11e(2) of the
Atomic Energy Act.
(Source: P.A. 90-655, eff. 7-30-98.)
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(420 ILCS 20/20) (from Ch. 111 1/2, par. 241-20)
Sec. 20.
Appointment of Compact Commissioners.
The Illinois
voting and nonvoting Commissioners of the Central Midwest Interstate Low-Level
Radioactive Waste Commission shall be appointed by the Governor and subject to
confirmation by the Senate. Each Commissioner shall hold office for a term of
2 years, expiring the third Monday in January of each odd-numbered year, and
until his successor is appointed and qualified.
(Source: P.A. 87-1166.)
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(420 ILCS 20/21) (from Ch. 111 1/2, par. 241-21)
Sec. 21.
Shared Liability.
Any state which enacts the Central Midwest Interstate
Low-Level Radioactive Waste Compact and has as its resident a generator
shall be liable for the cost of post-closure care in excess of funds available
from the Low-Level Radioactive Waste Facility Closure, Post-Closure Care
and Compensation Fund or from any liability insurance or other means of
establishing financial responsibility in an amount sufficient to provide
for any necessary
corrective actions or liabilities arising during the period of post-closure
care. The extent of such liability shall not be in excess of the prorated
share of the volume of waste placed in the facility by the generators of
each state which has enacted the Central Midwest Interstate Low-Level
Radioactive Waste Compact. However, this Section shall not apply to a
party state with a total volume of waste recorded on low-level radioactive
waste manifests for any year that is less than 10 percent of the total
volume recorded on such manifests for the region during the same year.
(Source: P.A. 84-1406.)
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(420 ILCS 20/21.1) (from Ch. 111 1/2, par. 241-21.1)
Sec. 21.1. (a) For the purpose of conducting subsurface surveys and
other studies under this Act, officers and employees of the Agency and
officers and employees of any person under contract or subcontract with the Agency
shall have the power to enter upon the lands or waters of any
person upon written notice to the known owners and occupants, if any.
(b) In addition to the powers under subsection (a), and without
limitation to those powers, the Agency and any person under contract or
subcontract with the Agency shall also have the power to enter
contracts and agreements which allow entry upon the lands or waters of any
person for the purpose of conducting subsurface surveys and other studies under this Act.
(c) The Agency shall be responsible for any actual damages
occasioned by the entry upon the lands or waters of any person under this Section.
(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 20/21.5) (from Ch. 111 1/2, par. 241-21.5)
Sec. 21.5.
Agreement by Central Midwest Interstate Low-Level Radioactive
Waste Commission for the right to use facilities outside the region for waste
generated within the region; specific approval. In accordance with paragraph
1) of subsection i) of Article III of the Central Midwest Radioactive Waste
Compact Act, the "Contract for Access to the Southeast Compact Commission's
Regional Facility in Barnwell County, South Carolina" and the "Policy for the
Import of LLRW to the Regional Facility for the period January 1, 1993-June 30,
1994" entered into by the Central Midwest Interstate Low-Level Radioactive
Waste Commission and filed with the Index Department of the Office of the
Illinois Secretary of State as Document No. 92-NSA-1 are specifically approved.
(Source: P.A. 87-1244.)
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