Public Act 90-0029 of the 90th General Assembly
Public Act 90-0029
SB431 Enrolled LRB9001060DPcc
AN ACT to amend the Illinois Low-Level Radioactive Waste
Management Act by changing Sections 2, 3, 4, 5, 6, 7, 8, 9,
10, 10.2, 10.3, 11, 12.1, 13, and 14.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Low-Level Radioactive Waste
Management Act is amended by changing Sections 2, 3, 4, 5,
6, 7, 8, 9, 10, 10.2, 10.3, 11, 12.1, 13, and 14 as follows:
(420 ILCS 20/2) (from Ch. 111 1/2, par. 241-2)
Sec. 2. (a) The General Assembly finds:
(1) that a considerable volume of low-level
radioactive wastes are produced in this State with even
greater volumes to be produced in the future;
(2) that such radioactive wastes pose a significant
risk to the public health, safety and welfare of the
people of Illinois; and
(3) that it is the obligation of the State of
Illinois to its citizens to provide for the safe
management of the low-level radioactive wastes produced
within its borders.
(b) The Department of Nuclear Safety 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. It is also the
intent of the General Assembly that the Department of Nuclear
Safety pursue the attainment of agreement state status for
the assumption of regulatory authority from the U.S. Nuclear
Regulatory Commission under Section 274b of the Atomic Energy
Act of 1954 (42 U.S.C. 2014).
(Source: P.A. 87-336; 87-1166.)
(420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
Sec. 3. Definitions.
(a) "Broker" means any person who takes possession of
low-level waste for purposes of consolidation and shipment.
(b) "Compact" means the Central Midwest Interstate
Low-Level Radioactive Waste Compact.
(c) "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.
(d) "Department" means the Department of Nuclear Safety.
(e) "Director" means the Director of the Department of
Nuclear Safety.
(f) "Disposal" means the isolation of waste from the
biosphere in a permanent facility designed for that purpose.
(g) "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.
(h) "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.
(i) "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.
(j) "High-level radioactive waste" means:
(1) the highly radioactive material resulting from
the reprocessing of spent nuclear fuel including liquid
waste produced directly in reprocessing and any solid
material derived from the liquid waste that contains
fission products in sufficient concentrations; and
(2) the highly radioactive material that the
Nuclear Regulatory Commission has determined, on the
effective date of this Amendatory Act of 1988, to be
high-level radioactive waste requiring permanent
isolation.
(k) "Low-level radioactive waste" or "waste" means
radioactive waste not classified as high-level radioactive
waste, transuranic waste, spent nuclear fuel or byproduct
material as defined in Section 11e(2) of the Atomic Energy
Act of 1954 (42 U.S.C. 2014).
(l) "Mixed waste" means waste that is both "hazardous
waste" and "low-level radioactive waste" as defined in this
Act. (m) "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.
(n) "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.
(o) "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.
(p) "Release" means any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping or disposing into the environment
of low-level radioactive waste.
(q) "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.
(q-5) "Scientific Surveys" means, collectively, the
State Geological Survey Division and the State Water Survey
Division of the Department of Natural Resources.
(r) "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.
(s) "Storage" means the temporary holding of waste for
treatment or disposal for a period determined by Department
regulations.
(t) "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.
(u) "Waste management" means the storage,
transportation, treatment or disposal of waste.
(Source: P.A. 85-1133; 86-1044; 86-1050; 87-1166; 87-1244.)
(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 Department of Nuclear Safety. Existing generators shall
register within 180 days of the effective date of this Act
and new Generators shall register within 60 days of the
commencement of generating any low-level radioactive wastes.
Brokers shall register within 180 days of the effective date
of this amendatory Act of 1986. New 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 Department 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 Department.
(b) All registered generators and brokers of any amount
of low-level radioactive waste in Illinois shall file an
annual report with the Department. 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 Department. 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 Department shall be made available to
the public for inspection and copying.
(Source: P.A. 84-1406.)
(420 ILCS 20/5) (from Ch. 111 1/2, par. 241-5)
Sec. 5. Requirements for disposal facility contractors;
operating agreements.
(a) The Department 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 operate a low-level radioactive waste disposal
facility;
(2) Requirements and standards relating to the
financial integrity of the firm;
(3) Requirements and standards relating to the
experience and performance history of the firm in the
design, development, construction and operation of
low-level radioactive waste disposal facilities; and
(4) Requirements and standards for the
qualifications of the employees of the firm.
The Department shall hold at least one public hearing
before promulgating the regulations.
(b) The Department 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 Department shall determine, including,
without limitation limits, (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 Department
following closure and any additional years of post-closure
maintenance that the Department 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 Department to audit the charges of the
operator under the operating agreement; and (iv) provisions
relating to the obligations of the operator and the
Department in the event of any closure of the facility or any
termination of the operating agreement.
(Source: P.A. 86-894; 87-1166.)
(420 ILCS 20/6) (from Ch. 111 1/2, par. 241-6)
Sec. 6. Requirements for disposal facility.
(a) The Department shall as it deems necessary to
protect human health and the environment, promulgate rules
and regulations establishing standards applicable to the
regional disposal facility facility for disposal of low-level
radioactive wastes away from the point of generation
necessary to protect human health and the environment. 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
design, construction, operation, maintenance and
monitoring of the low-level radioactive waste disposal
facility;
(2) requirements and standards for the keeping of
records and the reporting and retaining of data collected
by the contractor selected to operate operator of the
disposal facility;
(3) requirements and standards for the technical
qualifications of the personnel of the contractor
selected to develop and operate the disposal facility;
(4) requirements and standards for establishing the
financial responsibility of the contractor selected to
operate operator of the disposal facility;
(5) requirements and standards for the emergency
closure of the disposal facility; and
(6) requirements and standards for the closure,
decommissioning and post-closure care, monitoring,
maintenance and use of the disposal facility.
(b) The regulations shall include provisions requiring
that the contractor selected to operate operator of the
disposal facility post a performance bond with the Department
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 Department shall hold at least one public
hearing before adopting rules under this Section promulgating
the regulations.
(e) All rules adopted and regulations promulgated 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) (1) 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
operation, if the failure is due to failure of the facility
or the facility operator in complying with the provisions of
this Act or regulations promulgated under this Act.
(2) In the event of a failure, delay, or cessation of
facility operations due to the arbitrary act, or refusal to
act, of the State of Illinois, or any subdivision or
instrumentality thereof, which act or failure to act is not
related to or issuing from a failure of the facility or the
facility operator to comply with the provisions of this Act
or a regulation promulgated under this Act, the owner of the
facility shall have a cause of action against the State for
damages. The damages shall be limited to the amounts paid or
debts incurred by the owner in respect to the construction
and operation of the facility, and not recovered through the
fee schedule provided for in Section 13 of this Act. Failure,
delay, or cessation in operating which is due to failure of
the owner or operator to comply with any law, rule, or
regulation of the federal government, the Central Midwest
Interstate Low-Level Radioactive Waste Commission, the State
of Illinois, or any subdivision or instrumentality thereof,
regardless of when enacted or promulgated, which the owner or
operator could have complied with through the exercise of
reasonable diligence and at reasonable cost, shall not
constitute action solely of the State of Illinois or any
potential subdivision or instrumentality thereof for purposes
of this Section.
(3) Any generator that is a public utility within the
meaning of the Public Utilities Act which has recovered from
its customers any costs, when the costs are recoverable as
damages under subsection (2) of this Section, shall not by
reason of the recovery be precluded from maintaining an
action under subsection (f) (2) of this Section. The public
utility shall promptly refund to its customers any damages so
recovered.
(Source: P.A. 86-894; 87-1166.)
(420 ILCS 20/7) (from Ch. 111 1/2, par. 241-7)
Sec. 7. Requirements for waste treatment. The Department
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
which 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 may
be disposed;
(2) the use of treatment technologies for recycling,
compacting, solidifying or otherwise treating low-level
radioactive wastes prior to disposal; and
(3) the use of technologies for the treatment of such
wastes to minimize the radioactive characteristics of the
waste disposed of or to reduce the tendency of the waste to
migrate in geologic and hydrologic formations.
The Department shall hold at least one public hearing
prior to promulgating such regulations.
(Source: P.A. 83-991.)
(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 Department of Nuclear Safety.
(b) Each application for a license under this Section
shall contain such information as may be required by the
Department, including, but not limited to, information
respecting:
(1) estimates of the quantities and types of wastes
to be stored, treated or disposed of at the facility;
(2) the design specifications and proposed
operating procedures of the facility necessary to assure
compliance with the rules adopted and regulations
promulgated under Sections Section 6 and 7;
(3) financial and personnel information necessary
to assure the integrity and qualifications of the
contractor selected to operate the facility operator;
(4) a closure plan to ensure the proper closure,
decommissioning, and post-closure monitoring and long
term care of the disposal facility; and
(5) a contingency plan to establish the procedures
to be followed in the event of unanticipated radioactive
releases.
(c) The Director may issue a license for the
construction and operation of a facility authorized by this
Act to the contractor selected to construct and operate the
regional disposal facility, provided the applicant for the
license has complied with applicable provisions of this Act
and regulations of the Department. No The license issued by
the Director shall not authorize the disposal of mixed waste
at any the regional disposal facility. In the event that an
applicant or licensee the contractor proposes modifications
to a of the disposal facility, or in the event that the
Director determines that modifications are necessary to
conform to the requirements of this the 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 Section
or upon a determination that an emergency exists posing a
significant hazard to public health and the environment, the
Director may revoke a the 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 or regulations adopted under this Act, that
which are alleged to have been violated. The Director shall
hold at least one public hearing not later sooner 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) Nothing in this Section shall relieve the
contractor selected to construct and operate the regional
disposal facility from securing any necessary zoning approval
from the unit of government having zoning jurisdiction over
the proposed facility.
(g) Any Notwithstanding subsection (d) of Section 10.3
of this Act, a license issued by the Department to operate
any regional disposal facility for the disposal of low-level
radioactive wastes away from the point of generation shall be
revoked as a matter of law to the extent that the license
authorizes disposal if:
(1) the facility accepts for disposal byproduct
material as defined in Section 11e(2) of the Atomic
Energy Act of 1954 (42 U.S.C. 2014), high-level
radioactive waste or mixed waste, and
(2) (A) if the facility is located more than 1 1/2
miles from the boundary of a municipality and, the county
in which the facility is located passes an ordinance
ordering the license revoked, or
(B) if the facility is located within a
municipality or within 1 1/2 miles of the boundary of a
municipality and, that municipality passes an ordinance
ordering the license revoked.
(Source: P.A. 87-1166.)
(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 Department of Nuclear Safety.
(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 Department
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 Department, including, but not
limited to, information respecting:
(1) The estimated quantities and types of wastes to
be transported to a facility located in Illinois;
(2) The procedures and methods used to monitor and
inspect the shipments to ensure that leakage or spills do
not occur;
(3) The specific routes and timetables according to
which the wastes are to be shipped.
(4) The qualifications and training of personnel
handling low-level radioactive waste; and
(5) The use of interim storage and transshipment
facilities.
(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 a permit 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 Department 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 Department shall notify the Attorney
General of any apparent violations for possible prosecution
under Sections 11 and 12 of that Act.
(Source: P.A. 87-1166.)
(420 ILCS 20/10) (from Ch. 111 1/2, par. 241-10)
Sec. 10. Disposal facility contractor selection Site
studies.
(a) The Department, in cooperation with the Illinois
Geological and Water Surveys, shall complete a study of the
technical considerations relating to the siting of a regional
low-level radioactive waste disposal facility. The study
shall include, but need not be limited to, the identification
of the geologic and hydrologic conditions best suited for
such a facility, the establishment of a data base on the
conditions and the location of these media in Illinois.
(b) Upon adopting the regulations establishing
requirements for waste disposal facilities provided for in
Section 6, the Department 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 design, develop, and
operate such a facility. Not later than 6 months after the
solicitation of proposals, the Director shall select the
applicant who has submitted the overall proposal that which
best conforms to with the requirements of this Act and to the
rules Section 5 and regulations adopted under this Act.
(Source: P.A. 86-1044; 86-1050; 86-1475; 87-1166; 87-1244.)
(420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
Sec. 10.2. Creation of Low-Level Radioactive Waste Task
Group; adoption of criteria; selection of site for
characterization.
(a) There is hereby created the Low-Level Radioactive
Waste Task Group consisting of the Directors of the
Environmental Protection Agency, the Department of Natural
Resources, and the Department of Nuclear Safety (or their
designees) and 6 additional members designated by the
Governor. The 6 additional members shall:
(1) be confirmed by the Senate; and
(2) receive compensation of $300 per day for their
services on the Task Group unless they are officers or
employees of the State, in which case they shall receive
no additional compensation.
Four of the additional members shall have expertise in
the field of geology, hydrogeology, or hydrology. Of the 2
remaining additional members, one shall be a member of the
public with experience in environmental matters and one shall
have at least 5 years experience in local government. The
Directors of the Environmental Protection Agency, the
Department of Natural Resources, and the Department of
Nuclear Safety (or their designees) shall receive no
additional compensation for their service on the Task Group.
All members of the Task Group shall be compensated for their
expenses. The Governor shall designate the chairman of the
Task Group. Upon adoption of the criteria under subsection
(b) of this Section, the Directors of the Department of
Nuclear Safety and the Environmental Protection Agency shall
be replaced on the Task Group by members designated by the
Governor and confirmed by the Senate. The members designated
to replace the Directors of the Department of Nuclear Safety
and the Environmental Protection Agency shall have such
expertise as the Governor may determine. The members of the
Task Group shall be members until they resign, are replaced
by the Governor, or the Task Group is abolished. Except as
provided in this Act, the Task Group shall be subject to the
Open Meetings Act and the Illinois Administrative Procedure
Act. Any action required to be taken by the Task Group under
this Act shall be taken by a majority vote of its members. An
identical vote by 5 members of the Task Group shall
constitute a majority vote.
(b) To protect the public health, safety and welfare,
the Task Group shall develop proposed criteria for selection
of a site for a regional disposal facility facility for the
disposal of low-level radioactive waste away from the point
of generation. Principal criteria shall relate to the
geographic, geologic, seismologic, tectonic, hydrologic, and
other scientific conditions best suited for a regional
low-level radioactive waste disposal facility. Supplemental
criteria may relate to land use (including (i) the location
of existing underground mines and (ii) the exclusion of State
parks, State conservation areas, and other State owned lands
identified by the Task Group), economics, transportation,
meteorology, and any other matter identified by the Task
Group as relating to desirable conditions for a regional
low-level radioactive waste disposal facility. All of the
criteria shall be as specific as possible.
The chairman of the Task Group shall publish a notice of
availability of the proposed criteria in the State newspaper,
make copies of the proposed criteria available without charge
to the public, and hold public hearings to receive comments
on the proposed criteria. Written comments on the proposed
criteria may be submitted to the chairman of the Task Group
within a time period to be determined by the Task Group.
Upon completion of the review of timely submitted comments on
the proposed criteria, the Task Group shall adopt criteria
for selection of a site for a regional disposal facility
facility for the disposal of low-level radioactive waste away
from the point of generation. Adoption of the criteria is
not subject to the Illinois Administrative Procedure Act.
The chairman of the Task Group shall provide copies of the
criteria to the Governor, the President and Minority Leader
of the Senate, the Speaker and Minority Leader of the House,
and all county boards in the State of Illinois and shall make
copies of the criteria available without charge to the
public.
(c) Upon adoption of the criteria, the Director of
Natural Resources shall direct the Scientific Illinois State
Geological and Water Surveys to screen the State of Illinois.
By September 30, 1997, the Scientific Surveys shall (i)
complete a Statewide screening of the State using available
information and the Surveys' geography-based information
system to produce individual and composite maps showing the
application of individual criteria; (ii) complete the
evaluation of all land volunteered before the effective date
of this amendatory Act of 1997 and identify at least 10
locations, each of at least 640 acres, that appear likely to
meet the criteria. In addition to screening the State of
Illinois, the Illinois State Geological and Water Surveys
shall also evaluate any location of at least 640 acres that
is volunteered by a land owner or unit of local government
to determine whether any of the volunteered land location
appears likely to satisfy meet the criteria; (iii) document.
the results of the screening and volunteer site evaluations
in a written report and submit the report to the chairman of
the Task Group and to the Director; and (iv) transmit to the
Task Group and to the Department, in a form specified by the
Task Group and the Department, all information and documents
assembled by the Scientific Surveys in performing the
obligations of the Scientific Surveys under this Act. Upon
completion of the screening and volunteer site evaluation
process, the Director of the Department of Natural Resources
shall be replaced on the Task Group by a member appointed by
the Governor and confirmed by the Senate. The member
appointed to replace the Director of the Department of
Natural Resources shall have expertise that the Governor
determines to be appropriate.
(c-3) Within 24 months after the submittal of the report
and documents by the Scientific Surveys under subsection (c)
of this Section, the Department, in consultation with the
Task Group, generators, and any interested counties and
municipalities and after holding 3 public hearings throughout
the State, shall prepare a report regarding, at a minimum,
the impact and ramifications, if any, of the following
factors and circumstances on the siting, design, licensure,
development, construction, operation, closure, and
post-closure care of a regional disposal facility:
(1) the federal, state, and regional programs for
the siting, development, and operation of disposal
facilities for low-level radioactive wastes and the
nature, extent, and likelihood of any legislative or
administrative changes to those programs;
(2) the impacts of restrictions and surcharges on
disposal of low-level radioactive waste at commercial
disposal facilities outside the State of Illinois;
(3) the current and most reliable projections
regarding the costs of the siting, design, development,
construction, operation, closure, decommissioning, and
post-closure care of a regional disposal facility;
(4) the current and most reliable estimates of the
total volume of low-level radioactive waste that will be
disposed at a regional disposal facility in Illinois and
the projected annual volume amounts;
(5) the nature and extent of the available, if any,
storage and disposal facilities outside the region of the
Compact for storage and disposal of low-level radioactive
waste generated from within the region of the Compact;
and
(6) the development and implementation of a
voluntary site selection process in which land may be
volunteered for the regional disposal facility jointly by
landowners and (i) the municipality in which the land is
located, (ii) every municipality within 1 1/2 miles of
the land if the land is not within a municipality, or
(iii) the county or counties in which the land is located
if the land is not within a municipality and not within 1
1/2 miles of a municipality. The Director state-wide
screening and evaluation of volunteered locations shall
be published in a report that shall be submitted to the
chairman of the Task Group. The chairman of the Task
Group shall provide copies of the report to the Governor,
the President and Minority Leader of the Senate, and the
Speaker and Minority Leader of the House. The Director
shall also publish a notice of availability of the report
in the State newspaper and, all of the county boards in
the State of Illinois, and each city, village, and
incorporated town within a 5 mile radius of each location
identified in the report and shall make copies of the
report available without charge to the public.
(c-5) Following submittal of the report pursuant to
subsection (c-3) of this Section, the Department shall adopt
rules establishing a site selection process for the regional
disposal facility. The site selection process established by
rule under this subsection shall require the contractor
selected by the Department pursuant to Sections 5 and 10 of
this Act to propose one site to the Task Group for approval
under subsections (d) through (i) of this Section and shall
also, at a minimum, require the following:
(1) A comprehensive and open process under which
the land for sites recommended and proposed by the
contractor under subsection (e) of this Section shall be
volunteered lands as provided in this Section. Land may
be volunteered for the regional disposal facility jointly
by landowners and (i) the municipality in which the land
is located, (ii) every municipality with 1 1/2 miles of
the land if the land is not within a municipality, or
(iii) the county or counties in which the land is located
if the land is not within a municipality and not within 1
1/2 miles of a municipality.
(2) Utilization of the State screening and
volunteer site evaluation report prepared by the
Scientific Surveys under subsection (c) of this Section
for the purpose of determining whether proposed sites
appear likely to satisfy the site selection criteria.
(3) Coordination of the site selection process with
the projected annual and total volume of low-level
radioactive waste to be disposed at the regional disposal
facility as identified in the report prepared under
subsection (c-3) of this Section.
(4) No proposed site shall be selected as the site
for the regional disposal facility unless it satisfies
the site selection criteria established by the Task Group
under subsection (b) of this Section.
(d) The contractor selected by the Department under
Sections 5 and 10 of this Act Upon publication of the report
under subsection (c), the contractor selected by the
Department of Nuclear Safety under Section 5 to develop the
low-level radioactive waste disposal facility 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 locations that have been identified in the
report under subsection (c) as likely to satisfy the criteria
adopted under subsection (b).
(e) Upon completion of the site evaluations under
subsection (d), the contractor selected by the Department
shall identify one site shall select 3 sites of at least 640
acres that appears appear promising for development of the
regional disposal facility in compliance with the site
selection criteria established by the Task Group pursuant to
subsection (b) of this Section. for a low-level radioactive
waste disposal facility. In selection of the 3 sites, the
contractor shall give preference to sites in locations that
were volunteered, unless those sites are clearly less
promising for the development of a low-level radioactive
waste disposal facility than sites in other locations
evaluated. The contractor may conduct any other evaluation
of the site identified 3 sites selected under this subsection
that the contractor deems appropriate to determine whether
the site satisfies sites satisfy the criteria adopted under
subsection (b) of this Section. Upon completion of the such
evaluations under this subsection, the contractor shall
prepare and submit to the Department 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" a report on all
of the evaluations of the 3 sites.
(f) A report completed under subsection (e) of this
Section that recommends a proposed site shall also be
submitted The contractor shall submit the report prepared
under subsection (e) to the chairman of the Task Group.
Within 45 days following receipt of a report, the chairman of
the Task Group shall publish in newspapers of general
circulation in the county or counties in which a proposed
site is the 3 sites are located a notice of the availability
of the report and a notice of a public meeting. The chairman
of the Task Group shall also, within the 45-day period,
provide copies of the report and the notice to the Governor,
the President and Minority Leader of the Senate, the Speaker
and Minority Leader of the House, members of the General
Assembly from the legislative district or districts in which
a proposed each site is located, the county board or boards
of the county or counties containing a proposed site the
sites, and each city, village, and incorporated town within a
5 mile radius of a proposed site. The chairman of the Task
Group each site and shall make copies of the report available
without charge to the public.
(g) The chairman of the Task Group shall convene at
least one public meeting on each proposed site public
meetings on the sites evaluated in the report under
subsection (e). At the public meeting or meetings, the
contractor selected by the Department shall present the
results of the evaluation evaluations of the proposed site
sites. The Task Group shall receive such other written and
oral information about the proposed site sites that may be
submitted at the meeting. Following the meeting meetings,
the Task Group shall decide whether which of the proposed
site sites satisfies the criteria adopted under subsection
(b) of this Section. If the Task Group determines that the
proposed site one or more of the sites does not satisfy the
criteria, the Department 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 contractor shall propose additional
sites from the locations determined in the report under
subsection (c) as likely to satisfy the criteria. Following
notice and distribution of the report as required by
subsection (f) of this Section, the new proposed site which
shall be the subject of a public meeting under this
subsection. The contractor selected by the Department shall
propose additional sites, and the Task Group shall conduct
additional public meetings, until the Task Group has approved
a proposed site recommended by a contractor 3 sites as
satisfying the criteria adopted under subsection (b) of this
Section. In the event that the Task Group does not approve
any of the proposed sites recommended by the contractor under
this subsection as satisfying the criteria adopted under
subsection (b) of this Section, the Task Group shall
immediately suspend all work and the Department shall prepare
a study containing, at a minimum, the Department's
recommendations regarding the viability of the site selection
process established pursuant to this Act, based on the
factors and circumstances specified in items (1) through (6)
of subsection (c-3) of Section 10.2. The Department 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 Department 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) Following the Task Group's decision that 3
sites satisfy the criteria adopted under subsection (b), the
contractor shall select one of the sites for characterization
and notify the Task Group of the site selected. Upon receipt
of the notification of a site for characterization, the Task
Group shall be abolished and its records transferred to the
Department of Nuclear Safety.
(i) Upon the Task Group's decision that a proposed site
satisfies the criteria adopted under subsection (b) of this
Section, the contractor shall proceed with the
characterization and licensure of the proposed site under
Section 10.3 of this Act and the Task Group shall immediately
suspend all work, except as otherwise specifically required
in subsection (b) of Section 10.3 of this Act.
(Source: P.A. 88-458; 89-445, eff. 2-7-96; 89-479, eff.
6-18-96.)
(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, following characterization,
determines that the proposed site is The contractor shall
characterize the site selected under subsection (h) of
Section 10.2. Unless the contractor determines, based on
site characterization, that the site is not appropriate for
the development of a regional low-level radioactive waste
disposal facility, (i) the contractor shall submit to the
Department of Nuclear Safety an application for a license to
construct and operate the facility at the selected site and
(ii) the Task Group shall be abolished and its records
transferred to the Department a facility at the site for the
disposal of low-level radioactive waste away from the point
of generation.
(b) If the contractor determines, following or at any
time during characterization of the site proposed under
Section 10.2 of this Act, that the proposed based on site
characterization, that the site is not appropriate for the
development of a regional low-level radioactive waste
disposal facility, the Department may require the contractor
to propose an additional site to the Task Group from the
locations identified under the site selection process
established under subsection (c-5) of Section 10.2 that is
likely to satisfy the criteria adopted under subsection (b)
of Section 10.2. The new proposed site shall be the subject
of public notice, distribution, and public meeting conducted
by the Task Group under the procedures set forth in
subsections (f) and (g) of Section 10.2 of this Act. The
contractor selected by the Department shall propose
additional sites and the Task Group shall conduct additional
public meetings until (i) the Task Group has approved a
proposed site recommended by a contractor as satisfying the
criteria adopted under subsection (b) of Section 10.2, and
(ii) 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, (i) the
contractor shall submit to the Department an application for
a license to construct and operate a regional disposal
facility at the selected site and (ii) the Task Group shall
be abolished and its records transferred to the Department
contractor shall characterize another of the sites approved
by the Task Group under subsection (g) of Section 10.2, as
provided in subsection (a).
(c) The Department 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 Department determines that the license should be issued,
the Department 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. 87-1267; 88-458.)
(420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11)
Sec. 11. Requirements for interim waste management;
Report by the Department.
(a) (Blank) The Department shall initiate the procedures
necessary to provide for the temporary management of
low-level radioactive wastes after January 1, 1986 until a
permanent disposal facility is operational. Not later than
September 1, 1985, the Department shall develop an Interim
Low-Level Radioactive Waste Management Plan to provide for
the temporary handling of such wastes. Such plan shall be
adopted only after adequate public participation has been
provided for and at least one public hearing has been held.
The Interim Plan may provide for waste disposal in another
State or for storage in Illinois at a temporary site or for
any other feasible and environmentally sound means of
managing such wastes.
(b) No later than March 31, 1993, the Department shall
deliver to the Governor, the President and Minority Leader of
the Senate, and the Speaker and Minority Leader of the House
a report on the impacts of restrictions and surcharges on
disposal of low-level radioactive waste at commercial
disposal facilities outside the State of Illinois. The
report shall include the Department's recommendations with
regard to the need for additional interim storage capacity
and with regard to a new process for the timely and cost
effective establishment of a permanent disposal facility.
(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
Department shall deliver to the Governor, the President and
Minority Leader of the Senate, and the Speaker and Minority
Leader of the House a report updating the report submitted
pursuant to subsection (b) of this Section. The updated
report required by this subsection shall include, at a
minimum, an updated analysis of the impacts of restrictions
and surcharges on disposal of low-level radioactive waste at
commercial disposal facilities outside the State of Illinois
and the Department'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. 87-1244.)
(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 locations evaluated 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 locations. The grants may be used for any lawful
purposes, including technical reviews of the proposed site
locations and participation in the meeting held under
subsection (g) of Section 10.2.
(b) The Director may make grants to the county or
counties containing a site to be characterized under Section
10.3 a grant to the county containing the site selected by
the contractor as the site for characterization under
subsection (h) of Section 10.2 and may make a grant to any
municipality containing or within 1.5 miles of any such the
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 a community
agreements agreement 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 a
community agreements agreement 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 The
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. 87-1267.)
(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13)
Sec. 13. Waste fees.
(a) The Department shall collect a fee from each
generator of low-level radioactive wastes in this State.
Except as provided in subsections (b), (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,
treatment or disposal if storage of the waste for
shipment occurred prior to September 7, 1984;
(2) $2 per cubic foot of waste stored for shipment
if storage of the waste occurs on or after September 7,
1984, but prior to October 1, 1985;
(3) $3 per cubic foot of waste stored for shipment
if storage of the waste occurs on or after October 1,
1985;
(4) $2 per cubic foot of waste shipped for storage,
treatment or disposal if storage of the waste for
shipment occurs on or after September 7, 1984 but prior
to October 1, 1985, provided that no fee has been
collected previously for storage of the waste.
(5) $3 per cubic foot of waste shipped for storage,
treatment or disposal if storage of the waste for
shipment occurs on or after October 1, 1985, provided
that no fees have been collected previously for storage
of the waste.
Such fees shall be collected annually or as determined by
the Department 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.
(b) 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 of $90,000 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, beginning January 1, 1986. 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.
After September 15, 1987, for each nuclear power reactor
for which an operating license is issued after January 1, the
owner of each such reactor shall be required to pay for the
year in which the operating license is issued a prorated fee
equal to $246.57 multiplied by the number of days in the year
during which the nuclear power reactor will be licensed. The
prorated fee shall be due and payable 30 days after the
operating license is issued.
(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 Department 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 Section 10 of this Act.
(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; and 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, and for State fiscal year 1996,
$100,000 payable on July 1, $75,000 payable on October 1, and
$75,000 payable on April 1; for State fiscal year 1998 and
subsequent fiscal years, $30,000, 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. 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 Department 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 Department 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 Department 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 low-level radioactive wastes produced;
(2) the form and submission of reports to accompany
the payment of fees to the Department; and
(3) the time and manner of payment of fees to the
Department, which payments shall not be more frequent
than quarterly.
(f) Any operating agreement entered into under
subsection (b) of Section 5 of this Act between the
Department and any disposal facility contractor operator
shall, subject to the provisions of this Act, authorize the
contractor operator 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 operator's obligations under the operating
agreement, and (2) to provide reasonable and appropriate
compensation or profit to the contractor operator 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 Commission, and subject
to the provisions of this Act Section, 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. and (v) amounts required under subsection (g)(3)
below. For purposes of this subsection (b), any compensation
agreed to by the Department under an operating agreement with
the operator shall be conclusively presumed to be reasonable
and appropriate compensation. If the revenues received in
any calendar year are not sufficient to provide for and pay
all properly allocated costs and expenses properly incurred
or accrued during the year and to provide the compensation
provided for in the operating agreement, the fees established
for the following calendar year shall be increased by an
amount or amounts reasonably calculated to recover any such
previously unrecovered costs and expenses and provide such
compensation. If the revenues received during any calendar
year exceed the sum of all properly allocated costs and
expenses properly incurred or accrued during the year plus
the compensation provided for in the operation agreement,
then the excess revenues shall either be rebated to the
facility users or be applied to pay properly allocated costs
and expenses incurred or accrued and to provide the required
compensation during the following calendar year shall be
reduced by an amount or amounts reasonably calculated to
reflect the availability of the previously accumulated excess
revenues, as the Department shall determine.
(g) (Blank). (1) Not later than 6 months before the date
a facility for which a license is required under Section
8 of this Act is expected first to be available for waste
storage, treatment or disposal, the operator of the
facility shall file with the Department an estimate of
the revenues required to pay its costs and expenses and
to provide the operator its reasonable and appropriate
compensation or profit for the first 12 months of
operation, all as reasonably estimated by the operator or
as determined under any applicable operating agreement
executed under subsection (g) of Section 10 of this Act,
together with a proposed fee schedule for users of the
facility meeting the criteria set forth in paragraph (2)
of subsection (g) of this Section. The operation shall
mail a copy of its filing to each person who has paid any
fees provided for by subsections (a), (b), (c), and (d)
of Section 13 of this Act in the preceding 12 months.
(2) Not later than 3 months before the date any
facility is expected first to be available for waste
storage, treatment or disposal, the Department by rule
promulgated in accordance with the Illinois
Administrative Procedure Act shall provide for an initial
fee schedule for users of that facility. The fee schedule
shall fairly and equitable allocate among all users of
that facility the total revenues required by the operator
under subsection (f) and shall be based on the operator's
filing under subsection (g)(1). The fee schedule shall be
based upon factors such as volume, activity, physical,
chemical and biological form, toxicity and packaging of
waste to be received at the facility. The fee schedule
shall include surcharges or special fees designed to
equitably allocate the added costs attributable to the
special hazards of, special handling or treatment
required for, or other special features or factors
affecting, particular types or classes of waste or waste
packages. In addition, the fee schedule may include
surcharges, special fees, and penalties designed to
discourage delivery to the facility of waste, waste
forms, or waste packages in violation of applicable
Department rules and regulations and facility operating
procedures. All properly recoverable costs not recovered
by a surcharge or special fee shall be recovered by a
single uniform fee based on the volume of the waste
delivered.
(3) Every fee schedule adopted by the Department
under this subsection (g) with respect to any disposal
facility that was developed in whole or in part through
the use of funds collected under subsection (c) of this
Section and drawn from Low-Level Radioactive Waste
Facility Development and Operation Fund established by
Section 14 of this Act shall include provisions for the
repayment of such funds used for the development of the
facility, together with reasonable interest determined by
the Department, over a time period not longer than the
expected operating life of the facility. The repayment
shall be in the form of credits to the generators that
originally contributed the funds against facility user
fees otherwise due and shall commence in the first full
calendar year during which any such facility is open for
and is accepting low-level radioactive waste for
disposal. The amount of the repayments to be made in any
calendar year shall be treated as an operating cost of
the facility for that year for the purpose of setting the
fees for that year.
(4) Every fee schedule with respect to any facility
that was developed in whole or in part through the use of
funds collected under subsections (a), (b), (c), or (d)
of this Section and drawn from the Low-Level Radioactive
Waste Facility Development and Operation Fund established
by Section 14 of this Act shall also provide surcharges,
in such amounts as the Department shall determine, for
collecting the amount of funds that would have been paid,
based on actual volume or projected volume of waste, from
any facility user that was not subject to or did not make
payment of the fees imposed by subsections (a), (b), (c),
or (d) of this Section. Such surcharges may be imposed as
a one-time access fee.
(5) An initial fee schedule provided for under
subsection (g)(2) of this Section shall become final when
adopted by the Department as a rule in accordance with
the Illinois Administrative Procedure Act, provided that,
in the interim, the operator shall impose and facility
users shall pay fees based upon the fee schedule as first
published (or, in the absence of publication, as proposed
by the operator under subsection (g)(1) of this Section),
which fees shall be subject to adjustment when the final
rule becomes effective. Any change in the manner by which
the total revenue required by the operator is allocated
among the users of the facility shall be made by rule
adopted by the Department.
(h) (Blank). No later than November 1 of each year which
begins 12 months after the adoption of the initial fee
schedule provided for in subsection (g) of this Section, the
operator shall file with the Department an estimate of the
revenues required to pay its costs and expenses and to
provide compensation or profit for the next calendar year,
all determined in accordance with the provisions of this Act
and as required under any applicable operating agreement,
together with a fee schedule based on the Department rule
then in effect for allocating the total revenues required
among the users of the facility. The operator shall file a
copy of the estimate and the fee schedule with the Central
Midwest Interstate Low-Level Radioactive Waste Commission and
any facility user who generated 5 or more percent of the
volume of waste delivered to the facility in the previous 12
months. The Department shall cause the fee schedule to be
published in the official State newspaper and it shall be
effective upon publication.
(i) (Blank). The Department shall periodically cause the
Auditor General or an independent certified public accounting
firm to perform an audit of the costs and expenses incurred
or accrued by the operator under the operating agreement.
The audit shall be made available for public inspection.
(j) (Blank). The operator shall consult at least
annually with each waste generator entitled to receive notice
of the filing of the fee schedule in order to determine the
nature and quantity of waste which that waste generator is
expected to deliver to the facility in the succeeding
calendar year.
(j-5) Prior to commencement of facility operations, the
Department 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 any facility for
which a license is required under Section 8 of this Act 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 Department.
(l) The Department 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 Section 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 Department shall promulgate any other rules and
regulations as may be necessary to implement this Section.
(Source: P.A. 86-894; 86-1050; 87-137; 87-891; 87-1244.)
(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". Except as
otherwise provided in this subsection, the Department 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 Task Group
approves a proposed site under Section 10.3, the Department
shall deposit all fees collected under subsections (a) and
(b) of Section 13 of this Act into the Fund. Subject to
appropriation, the Department is authorized to expend all
moneys in the The General Assembly may appropriate monies in
the Fund in amounts it deems necessary for:
(1) hiring personnel and any other operating and
contingent expenses necessary for the proper
administration of this Act;
(2) contracting with any firm for the purpose of
carrying out the purposes of this Act;
(3) (blank) grants and scholarships under the
Nuclear Safety Education Assistance Act;
(4) hiring personnel, contracting with any person,
and meeting any other expenses incurred by the Department
in fulfilling its responsibilities under the Radioactive
Waste Compact Enforcement Act; and
(5) activities under Sections 10, 10.2 and 10.3;
(6) payment of fees in lieu of taxes to a local
government having within its boundaries a regional
permanent disposal facility;
(7) payment of grants to counties or municipalities
under Section 12.1; and
(8) fulfillment of obligations under a community
agreement under Section 12.1.
In spending monies pursuant to such appropriations, the
Department shall to the extent practicable avoid duplicating
expenditures made by any firm pursuant to a contract awarded
under this Section. On or before March 1, 1989 and on or
before October 1 of 1989, 1990, 1991, 1992, and 1993, the
Department 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
Low-Level Radioactive Waste Facility Development and
Operation 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;
provided that the report due on or before March 1, 1989 shall
detail all receipts and expenditures from the fund during the
period from July 1, 1988 through January 31, 1989. 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. The reports issued after the facility site is
selected shall also identify and describe any savings
realized by the Department and attributable to
characterization of fewer than 4 alternative sites, including
but not limited to, savings in grants to local communities,
site characterization costs, and costs of performing
environmental impact studies.
(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".
The Department 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 Task
Group 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
Department is authorized to expend any moneys in this The
General Assembly may appropriate all monies in the Fund in
amounts it deems necessary for:
(1) decommissioning and other procedures required
for the proper closure of the regional disposal facility;
(2) monitoring, inspecting, and other procedures
required for the proper closure, decommissioning, and
post-closure care of the regional disposal facility;
(3) taking any remedial actions necessary to
protect human health and the environment from releases or
threatened releases of wastes from the regional disposal
facility;
(4) the purchase of facility and third-party
liability insurance necessary during the institutional
control period of the regional disposal facility;
(5) mitigating the impacts of the suspension or
interruption of the acceptance of waste for disposal;
(6) compensating any person suffering any damages
or losses to a person or property caused by a release
from the regional disposal facility as provided for in
Section 15; and
(7) fulfillment of obligations under a community
agreement under Section 12.1.
On or before March 1 of each year, the Department 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) Monies in the Low-Level Radioactive Waste Facility
Closure, Post-Closure Care and Compensation Fund shall be
invested by the State Treasurer in the manner required by law
of other State monies, provided that any interest accruing as
a result of the investment shall accrue to this special Fund.
(d) The Department 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. 86-894; 86-1044; 86-1050; 87-1166; 87-1244;
87-1267.)
Section 99. Effective date. This Act takes effect upon
becoming law.