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90_HB2214sam001
LRB9004200DPcwam01
1 AMENDMENT TO HOUSE BILL 2214
2 AMENDMENT NO. . Amend House Bill 2214 by replacing
3 the title with the following:
4 "AN ACT to amend the Uranium and Thorium Mill Tailing
5 Control Act by changing Section 15 and adding Section 32.";
6 and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Uranium and Thorium Mill Tailing Control
10 Act is amended by changing Section 15 and adding Section 32
11 as follows:
12 (420 ILCS 42/15)
13 Sec. 15. Storage fees.
14 (a) Beginning January 1, 1994, an annual fee shall be
15 imposed on the owner or operator of any property that has
16 been used in whole or in part for the milling of source
17 material and is being used for the storage or disposal of
18 by-product material, equal to $2 per cubic foot of by-product
19 material being stored or disposed of by the facility. After a
20 facility is cleaned up in accordance with the Department's
21 radiological soil clean-up criteria, no fee shall be due,
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1 imposed upon, or collected from an owner. No fee shall be
2 imposed, however, upon any by-product material moved to a
3 facility in contemplation of the subsequent removal of the
4 by-product material pursuant to law or upon any by-product
5 material moved to a facility in contemplation of processing
6 the material through a physical separation facility if the
7 material has not been present at the facility for more than
8 180 days. No fees shall be collected from any State, county,
9 municipal, or local governmental agency. In connection with
10 settling litigation regarding the amount of the fee to be
11 imposed, the Director may enter into an agreement with the
12 owner or operator of any facility specifying that the fee to
13 be imposed shall not exceed $26,000,000 in any calendar year.
14 The storage fees assessed under this Section are separate and
15 distinct from any license fees imposed under Section 11 of
16 the Radiation Protection Act of 1990.
17 The fee shall be due on June 1 of each year or at such
18 other times in such installments as the Director may provide
19 by rule. To facilitate the expeditious removal of by-product
20 material, rules establishing payment dates or schedules may
21 be adopted as emergency rules under Section 5-45 of the
22 Administrative Procedure Act. The fee shall be collected and
23 administered by the Department, and shall be deposited into
24 the By-product Material Safety Fund, which is created as an
25 interest bearing special fund in the State Treasury. Amounts
26 in the By-product Material Safety Fund not currently required
27 to meet the obligations of the Fund shall be invested as
28 provided by law and all interest earned from investments
29 shall be retained in the Fund.
30 (b) Moneys in the By-product Material Safety Fund may be
31 expended by the Department for only the following purposes
32 and only as the moneys relate to by-product material
33 attributable to the owner or operator who pays the moneys
34 into the Fund:
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1 (1) the costs of monitoring, inspecting, and
2 otherwise regulating the storage and disposal of
3 by-product material, wherever located;
4 (2) the costs of undertaking any necessary
5 maintenance, decommissioning activities, cleanup,
6 responses to radiation emergencies, or remedial action
7 that would otherwise be required of the owner or operator
8 by law or under a license amendment or condition may be
9 necessary in connection with by-product materials;
10 (3) the costs that would otherwise be required of
11 the owner or operator, by law or under a license
12 amendment or condition, incurred by the State arising
13 from the transportation of the by-product material from a
14 storage or unlicensed disposal location to a licensed
15 permanent disposal facility; and
16 (4) reimbursement to the owner or operator of any
17 facility used for the storage or disposal of by-product
18 material for costs incurred by the owner or operator in
19 connection with the decontamination or decommissioning of
20 the storage or disposal facility or other properties
21 contaminated with by-product material. However, the
22 amount of the reimbursements paid to the owner or
23 operator of a by-product material storage or disposal
24 facility shall not be reduced for any amounts recovered
25 by the owner or operator pursuant to Title X of the
26 federal Energy Policy Act of 1992 and shall not exceed
27 the amount of money paid into the Fund by that owner or
28 operator plus the interest accrued in the Fund
29 attributable to amounts paid by that owner or operator.
30 An owner or operator who incurs costs in connection with
31 the decontamination or decommissioning of the storage or
32 disposal facility or other properties contaminated with
33 by-product material is entitled to have those costs promptly
34 reimbursed from the Fund as provided in this Section. In the
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1 event the owner or operator has incurred reimbursable costs
2 for which there are not adequate moneys in the Fund with
3 which to provide reimbursement, the Director shall reduce the
4 amount of any fee payable in the future imposed under this
5 Act by the amount of the reimbursable expenses incurred by
6 the owner or operator. An owner or operator of a facility
7 shall submit requests for reimbursement to the Director in a
8 form reasonably required by the Director. Upon receipt of a
9 request, the Director shall give written notice approving or
10 disapproving each of the owner's or operator's request for
11 reimbursement within 60 days. The Director shall approve
12 requests for reimbursement unless the Director finds that the
13 amount is excessive, erroneous, or otherwise inconsistent
14 with paragraph (4) of this subsection or with any license or
15 license amendments issued in connection with that owner's or
16 operator's decontamination or decommissioning plan. If the
17 Director disapproves a reimbursement request, the Director
18 shall set forth in writing to the owner or operator the
19 reasons for disapproval. The owner or operator may resubmit
20 to the Department a disapproved reimbursement request with
21 additional information as may be required. Disapproval of a
22 reimbursement request shall constitute final action for
23 purposes of the Administrative Review Law unless the owner or
24 operator resubmits the denied request within 35 days. To the
25 extent there are funds available in the Fund, Upon approval
26 of a reimbursement request the Director shall prepare and
27 certify to the Comptroller the disbursement of the approved
28 sums from the By-Product Material Safety Fund to the owners
29 or operators or, if there are insufficient funds available,
30 the Director shall off-set future fees otherwise payable by
31 the owner or operator by the amount of the approved
32 reimbursable expenses.
33 (c) To the extent that costs identified in parts (1),
34 (2), and (3) of subsections (b) are recovered by the
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1 Department under the Radiation Protection Act of 1990 or its
2 rules, the Department shall not use money in the By-product
3 Material Safety Fund to cover these costs.
4 (d) The provisions directing the expenditures from the
5 By-product Material Safety Fund provided for in this Section
6 shall constitute an irrevocable and continuing appropriation
7 to the Department of Nuclear Safety solely for the purposes
8 as provided in this Section. The State Treasurer and State
9 Comptroller are hereby authorized and directed to pay
10 expenditures or record in their records any offset approved
11 by the Director as provided in this Section.
12 (Source: P.A. 87-1024; 88-638, eff. 9-9-94.)
13 (420 ILCS 42/32 new)
14 Sec. 32. Limitations on groundwater and property use.
15 (a) In connection with the decommissioning of a source
16 material milling facility or the termination of the
17 facility's license, the Department shall have the authority
18 to adopt by rule, or impose by order or license amendment or
19 condition, restrictions on the use of groundwater on any
20 property that has been licensed for the milling of source
21 material and any property downgradient from the property that
22 has been licensed for the milling of source material where
23 the groundwater impacted by a licensed facility has
24 constituents above naturally-occurring levels and is in
25 excess of the groundwater standards enforceable by the
26 Department.
27 (b) In connection with the decommissioning of a source
28 material milling facility or the termination of the
29 facility's license, the Department shall have the authority
30 to adopt by rule, or impose by order or license amendment or
31 condition, restrictions on property that has been licensed
32 for the milling of source material where the soil has
33 constituents above naturally-occurring levels to limit or
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1 prohibit:
2 (1) the construction of basements or other similar
3 below-ground structures, other than footings or pilings,
4 on any portion of the property where elevated levels of
5 the constituents are present in the soil; and
6 (2) the excavation of soil from a portion of the
7 property where elevated levels of the constituents are
8 present in the excavated soil, unless the excavated soil
9 is (i) disposed of in a facility licensed or permitted to
10 dispose of that soil or (ii) returned to the approximate
11 depth from which it was excavated and covered with an
12 equivalent cover.
13 (c) The authority granted to the Department under this
14 Section is intended to secure the greatest protection of the
15 public health and safety practicable in the decommissioning
16 of a source material milling facility or the termination of
17 the facility's license and shall be in addition to the
18 authority granted under the Radiation Protection Act of 1990.
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.".