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Public Act 103-0965


 

Public Act 0965 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0965
 
SB3279 EnrolledLRB103 39272 BDA 69425 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Uranium and Thorium Mill Tailings Control
Act is amended by changing Section 32 as follows:
 
    (420 ILCS 42/32)
    Sec. 32. Limitations on groundwater and property use.
    (a) In connection with the decommissioning of a source
material milling facility or the termination of the facility's
license, the Agency shall have the authority to adopt by rule,
or impose by order or license amendment or condition,
restrictions on the use of groundwater on any property that
has been licensed for the milling of source material and any
property downgradient from the property that has been licensed
for the milling of source material where the groundwater
impacted by a licensed facility has constituents above
naturally-occurring levels and is in excess of the groundwater
standards enforceable by the Agency.
    (a-5) The Agency may approve a request for license
termination following adoption and implementation by the
municipality or county in which the material milling facility
is located of one or more ordinances restricting the use of
groundwater on the property that has been licensed for the
milling of source material and any property downgradient from
that property, provided that the ordinances are determined by
the Agency to provide sufficient protection of public health
and safety and the ordinances are in effect at the time of
license termination.
    (a-6) For Agency actions based upon subsection (a-5), the
ordinances in effect at the time of license termination shall
remain in effect until the Agency expressly approves in
writing that the ordinances are no longer required.
     (b) In connection with the decommissioning of a source
material milling facility or the termination of the facility's
license, the Agency shall have the authority to adopt by rule,
or impose by order or license amendment or condition,
restrictions on property that has been licensed for the
milling of source material where the soil has constituents
above naturally-occurring levels to limit or prohibit:
        (1) the construction of basements or other similar
    below-ground structures, other than footings or pilings,
    on any portion of the property where elevated levels of
    the constituents are present in the soil; and
        (2) the excavation of soil from a portion of the
    property where elevated levels of the constituents are
    present in the excavated soil, unless the excavated soil
    is (i) disposed of in a facility licensed or permitted to
    dispose of that soil or (ii) returned to the approximate
    depth from which it was excavated and covered with an
    equivalent cover.
     (c) The authority granted to the Agency under this
Section is intended to secure the greatest protection of the
public health and safety practicable in the decommissioning of
a source material milling facility or the termination of the
facility's license and shall be in addition to the authority
granted under the Radiation Protection Act of 1990.
(Source: P.A. 95-777, eff. 8-4-08.)

Effective Date: 1/1/2025