Public Act 90-0601 of the 90th General Assembly
Public Act 90-0601
HB3631 Enrolled LRB9009040LDdvB
AN ACT concerning nuclear safety, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Nuclear Safety Preparedness Act
is amended by changing Sections 2, 3, 4, 5, 7, and 8 as
follows:
(420 ILCS 5/2) (from Ch. 111 1/2, par. 4302)
Sec. 2. It is declared to be the policy of the General
Assembly to protect the people of the State of Illinois
against adverse health effects resulting from radiological
accidents by establishing a mechanism for emergency
preparedness to mitigate the effects of such accidents. The
General Assembly finds that it is appropriate that the
nuclear industry in Illinois bear costs associated with
preparing and implementing plans to deal with the effects of
nuclear accidents. The fees assessed by this Act are intended
to cover the costs of the Nuclear Safety Preparedness Program
authorized by this Act.
(Source: P.A. 81-577.)
(420 ILCS 5/3) (from Ch. 111 1/2, par. 4303)
Sec. 3. Definitions. Unless the context otherwise clearly
requires, as used in this Act:
(1) "Department" means the Department of Nuclear Safety
of the State of Illinois.
(2) "Director" means the Director of the Department of
Nuclear Safety.
(3) "Person" means any individual, corporation,
partnership, firm, association, trust, estate, public or
private institution, group, agency, political subdivision of
this State, any other state or political subdivision or
agency thereof, and any legal successor, representative,
agent, or agency of the foregoing.
(4) "NRC" means the United States Nuclear Regulatory
Commission or any agency which succeeds to its functions in
the licensing of nuclear power reactors or facilities for
storing spent nuclear fuel.
(5) "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 such liquid
waste that contains fission products in sufficient
concentrations; and (2) the highly radioactive material that
the NRC has determined to be high-level radioactive waste
requiring permanent isolation.
(6) "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.
(7) "Spent nuclear fuel" means fuel that has been
withdrawn from a nuclear reactor following irradiation, the
constituent elements of which have not been separated by
reprocessing.
(8) "Transuranic waste" means material contaminated with
elements that have an atomic number greater than 92,
including neptunium, plutonium, americium, and curium,
excluding radioactive wastes shipped to a licensed low-level
radioactive waste disposal facility.
(Source: P.A. 86-901; 87-127.)
(420 ILCS 5/4) (from Ch. 111 1/2, par. 4304)
Sec. 4. Nuclear accident plans; fees. Persons engaged
within this State in the production of electricity utilizing
nuclear energy, the operation of nuclear test and research
reactors, the chemical conversion of uranium, or the
transportation, storage or possession of spent nuclear fuel
or high-level radioactive waste shall pay fees to cover the
cost of establishing plans and programs to deal with the
possibility of nuclear accidents. Except as provided below,
the fees shall be used exclusively to fund those Departmental
and local government activities defined as necessary by the
Director to implement and maintain the plans and programs
authorized by this Act. Local governments incurring expenses
attributable to implementation and maintenance of the plans
and programs authorized by this Act may apply to the
Department for compensation for those expenses, and upon
approval by the Director of applications submitted by local
governments, the Department shall compensate local
governments from fees collected under this Section.
Compensation for local governments shall include $250,000 in
any year through fiscal year 1993, $275,000 in fiscal year
1994 and fiscal year 1995, $300,000 in fiscal year 1996,
$400,000 in fiscal year 1997, and $450,000 in fiscal year
1998 and thereafter. Appropriations to the Department of
Nuclear Safety for compensation to local governments from the
Nuclear Safety Emergency Preparedness Fund provided for in
this Section shall not exceed $650,000 per State fiscal year.
Expenditures from these appropriations shall not exceed, in a
single State fiscal year, the annual compensation amount made
available to local governments under this Section, unexpended
funds made available for local government compensation in the
previous fiscal year, and funds recovered under the Illinois
Grant Funds Recovery Act during previous fiscal years.
Notwithstanding any other provision of this Act, the
expenditure limitation for fiscal year 1998 shall include the
additional $100,000 made available to local governments for
fiscal year 1997 under this amendatory Act of 1997. Any
funds within these expenditure limitations, including the
additional $100,000 made available for fiscal year 1997 under
this amendatory Act of 1997, that remain unexpended at the
close of business on June 30, 1997, and on June 30 of each
succeeding year, shall be excluded from the calculations of
credit under item (3) of this Section. The Department shall,
by rule, determine the method for compensating local
governments under this Section. In addition, a portion of the
fees collected may be appropriated to the Illinois Emergency
Management Agency for activities associated with preparing
and implementing plans to deal with the effects of nuclear
accidents. The appropriation shall not exceed $500,000 in any
year preceding fiscal year 1996; the appropriation shall not
exceed $625,000 in fiscal year 1996, $725,000 in fiscal year
1997, and $775,000 in fiscal year 1998 and thereafter. The
fees shall consist of the following:
(1) A one-time charge of $590,000 per nuclear power
station in this State to be paid by the owners of the
stations.
(2) An additional charge of $240,000 per nuclear power
station for which a fee under subparagraph (1) was paid
before June 30, 1982.
(3) Through June 30, 1982, an annual fee of $75,000 per
year for each nuclear power reactor for which an operating
license has been issued by the NRC, and after June 30, 1982,
and through June 30, 1984 an annual fee of $180,000 per year
for each nuclear power reactor for which an operating license
has been issued by the NRC, and after June 30, 1984, and
through June 30, 1991, an annual fee of $400,000 for each
nuclear power reactor for which an operating license has been
issued by the NRC, to be paid by the owners of nuclear power
reactors operating in this State. After June 30, 1991, the
owners of nuclear power reactors in this State for which
operating licenses have been issued by the NRC shall pay the
following fees for each such nuclear power reactor: for State
fiscal year 1992, $925,000; for State fiscal year 1993,
$975,000; for State fiscal year 1994; $1,010,000; for State
fiscal year 1995, $1,060,000; for State fiscal years 1996 and
1997, $1,110,000; for State fiscal year 1998, $1,314,000; for
State fiscal year 1999, $1,368,000; for State fiscal year
2000, $1,404,000; for State fiscal year 2001, $1,696,455
$1,447,000; for State fiscal year 2002, $1,730,636
$1,499,000; for State fiscal year 2003 and subsequent fiscal
years, $1,757,727 $1,545,000. Within 120 days after the end
of the State fiscal year, the Department shall determine,
from the records of the Office of the Comptroller, the
balance in the Nuclear Safety Emergency Preparedness Fund.
When the balance in the fund, less any fees collected under
this Section prior to their being due and payable for the
succeeding fiscal year or years, exceeds $400,000 at the
close of business on June 30, 1993, 1994, 1995, 1996, 1997,
and 1998, or exceeds $500,000 at the close of business on
June 30, 1999 and June 30 of each succeeding year, the excess
shall be credited to the owners of nuclear power reactors who
are assessed fees under this subparagraph. Credits shall be
applied against the fees to be collected under this
subparagraph for the subsequent fiscal year. Each owner
shall receive as a credit that amount of the excess which
corresponds proportionately to the amount the owner
contributed to all fees collected under this subparagraph in
the fiscal year that produced the excess.
(3.5) The owner of a nuclear power reactor that notifies
the Nuclear Regulatory Commission that the nuclear power
reactor has permanently ceased operations during State fiscal
year 1998 shall pay the following fees for each such nuclear
power reactor: $1,368,000 for State fiscal year 1999 and
$1,404,000 for State fiscal year 2000.
(4) A capital expenditure surcharge of $1,400,000 per
nuclear power station in this State, whether operating or
under construction, shall be paid by the owners of the
station.
(5) An annual fee of $25,000 per year for each site for
which a valid operating license has been issued by NRC for
the operation of an away-from-reactor spent nuclear fuel or
high-level radioactive waste storage facility, to be paid by
the owners of facilities for the storage of spent nuclear
fuel or high-level radioactive waste for others in this
State.
(6) A one-time charge of $280,000 for each facility in
this State housing a nuclear test and research reactor, to be
paid by the operator of the facility. However, this charge
shall not be required to be paid by any tax-supported
institution.
(7) A one-time charge of $50,000 for each facility in
this State for the chemical conversion of uranium, to be paid
by the owner of the facility.
(8) An annual fee of $150,000 per year for each facility
in this State housing a nuclear test and research reactor, to
be paid by the operator of the facility. However, this
annual fee shall not be required to be paid by any
tax-supported institution.
(9) An annual fee of $15,000 per year for each facility
in this State for the chemical conversion of uranium, to be
paid by the owner of the facility.
(10) A fee assessed at the rate of $2,500 $1,000 per
cask for each truck shipment shipments and $4,500 for the
first cask and $3,000 for each additional cask $2,000 per
cask for each rail shipment shipments of spent nuclear fuel,
or high-level radioactive waste, or transuranic waste
received at or departing from any nuclear power station or
away-from-reactor spent nuclear fuel, or high-level
radioactive waste, or transuranic waste storage facility in
this State to be paid by the shipper of the spent nuclear
fuel, high level radioactive waste, or transuranic waste
owners of the facilities.
(11) A fee assessed at the rate of $2,500 $1,000 per
cask for each truck shipment shipments and $4,500 for the
first cask and $3,000 for each additional cask $2,000 per
cask for each rail shipment shipments of spent nuclear fuel,
or high-level radioactive waste, or transuranic waste
traversing the State to be paid by the shipper of the spent
nuclear fuel, high level radioactive waste, or transuranic
waste owner of the shipments.
(12) In each of the State fiscal years 1988 through
1991, in addition to the annual fee provided for in
subparagraph (3), a fee of $400,000 for each nuclear power
reactor for which an operating license has been issued by the
NRC, to be paid by the owners of nuclear power reactors
operating in this State. Within 120 days after the end of
the State fiscal years ending June 30, 1988, June 30, 1989,
June 30, 1990, and June 30, 1991, the Department shall
determine the expenses of the Illinois Nuclear Safety
Preparedness Program paid from funds appropriated for those
fiscal years. When the aggregate of all fees, charges, and
surcharges collected under this Section during any fiscal
year exceeds the total expenditures under this Act from
appropriations for that fiscal year, the excess shall be
credited to the owners of nuclear power reactors who are
assessed fees under this subparagraph, and the credits shall
be applied against the fees to be collected under this
subparagraph for the subsequent fiscal year. Each owner shall
receive as a credit that amount of the excess that
corresponds proportionately to the amount the owner
contributed to all fees collected under this subparagraph in
the fiscal year that produced the excess.
(Source: P.A. 89-336, eff. 8-17-95; 90-34, eff. 6-27-97.)
(420 ILCS 5/5) (from Ch. 111 1/2, par. 4305)
Sec. 5. (a) Except as otherwise provided in this
Section, within 30 days after the beginning of each State
fiscal year, each person who possessed a valid operating
license issued by the NRC for a nuclear power reactor or a
spent fuel storage facility during any portion of the
previous fiscal year shall pay to the Department the fees
imposed by Section 4 of this Act. The one-time facility
charge assessed pursuant to subparagraph (1) of Section 4
shall be paid to the Department not less than 2 years prior
to scheduled commencement of commercial operation. The
additional facility charge assessed pursuant to subparagraph
(2) of Section 4 shall be paid to the Department within 90
days of June 30, 1982. Fees assessed pursuant to subparagraph
(3) of Section 4 for State fiscal year 1992 shall be payable
as follows: $400,000 due on August 1, 1991, and $525,000 due
on January 1, 1992. Fees assessed pursuant to subparagraph
(3) of Section 4 for State fiscal year 1993 and subsequent
fiscal years shall be due and payable in two equal payments
on July 1 and January 1 during the fiscal year in which the
fee is due. Fees assessed pursuant to subparagraph (4) of
Section 4 shall be paid in six payments, the first, in the
amount of $400,000, shall be due and payable 30 days after
the effective date of this Amendatory Act of 1984.
Subsequent payments shall be in the amount of $200,000 each,
and shall be due and payable annually on August 1, 1985
through August 1, 1989, inclusive. Fees assessed under the
provisions of subparagraphs (6) and (7) of Section 4 of this
Act shall be paid on or before January 1, 1990. Fees
assessed under the provisions of subparagraphs (8) and (9) of
Section 4 of this Act shall be paid on or before January 1st
of each year, beginning January 1, 1990. Fees assessed under
the provisions of subparagraphs (10) and (11) of Section 4 of
this Act shall be paid to the Department within 60 days after
completion prior to the movement of such shipments within
this State. Fees assessed pursuant to subparagraph (12) of
Section 4 shall be paid to the Department by each person who
possessed a valid operating license issued by the NRC for a
nuclear power reactor during any portion of the previous
State fiscal year as follows: the fee due in fiscal year 1988
shall be paid on January 15, 1988, the fee due in fiscal year
1989 shall be paid on December 1, 1988, and subsequent fees
shall be paid annually on December 1, 1989 through December
1, 1990.
(b) Fees assessed pursuant to paragraph (3.5) of Section
4 for State fiscal years 1999 and 2000 shall be due and
payable in 2 equal payments on July 1 and January 1 during
the fiscal year in which the fee is due. 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.
(Source: P.A. 86-901; 87-127.)
(420 ILCS 5/7) (from Ch. 111 1/2, par. 4307)
Sec. 7. All monies received by the Department under this
Act shall be deposited in the State Treasury and shall be set
apart in a special fund to be known as the "Nuclear Safety
Emergency Preparedness Fund". All monies within the Nuclear
Safety Emergency Preparedness Fund shall be invested by the
State Treasurer in accordance with established investment
practices. Interest earned by such investment shall be
returned to the Nuclear Safety Emergency Preparedness Fund.
Monies deposited in this fund shall be expended by the
Director only to support the activities of the Illinois
Nuclear Safety Preparedness Program, including activities of
the Illinois State Police and the Illinois Commerce
Commission under Section 8(a)(9) as provided under rules of
the Department grants and scholarships under the Nuclear
Safety Education Assistance Act.
(Source: P.A. 85-1133.)
(420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
Sec. 8. (a) The Illinois Nuclear Safety Preparedness
Program shall consist of an assessment of the potential
nuclear accidents, their radiological consequences, and the
necessary protective actions required to mitigate the effects
of such accidents. It shall include, but not necessarily be
limited to:
(1) Development of a remote effluent monitoring system
capable of reliably detecting and quantifying accidental
radioactive releases from nuclear power plants to the
environment;
(2) Development of an environmental monitoring program
for nuclear facilities other than nuclear power plants;
(3) Development of procedures for radiological
assessment and radiation exposure control for areas
surrounding each nuclear facility in Illinois;
(4) Radiological training of state and local emergency
response personnel in accordance with the Department's
responsibilities under the program;
(5) Participation in the development of accident
scenarios and in the exercising of fixed facility nuclear
emergency response plans;
(6) Development of mitigative emergency planning
standards including, but not limited to, standards pertaining
to evacuations, re-entry into evacuated areas, contaminated
foodstuffs and contaminated water supplies;
(7) Provision of specialized response equipment
necessary to accomplish this task;
(8) Implementation of the Boiler and Pressure Vessel
Safety program at nuclear steam-generating facilities as
mandated by subsection C of Section 71 of The Civil
Administrative Code of Illinois;
(9) Development and implementation of a plan for
inspecting and escorting all shipments of spent nuclear fuel,
and high-level radioactive waste, and transuranic waste in
Illinois; and
(10) Implementation of the program under the Illinois
Nuclear Facility Safety Act.
(b) The Department may incorporate data collected by the
operator of a nuclear facility into the Department's remote
monitoring system.
(c) The owners of each nuclear power reactor in Illinois
shall provide the Department all system status signals which
initiate Emergency Action Level Declarations, actuate
accident mitigation and provide mitigation verification as
directed by the Department. The Department shall designate
by rule those system status signals that must be provided.
Signals providing indication of operating power level shall
also be provided. The owners of the nuclear power reactors
shall, at their expense, ensure that valid signals will be
provided continuously 24 hours a day.
All such signals shall be provided in a manner and at a
frequency specified by the Department for incorporation into
and augmentation of the remote effluent monitoring system
specified in subsection (a) (1) of this Section. Provision
shall be made for assuring that such system status and power
level signals shall be available to the Department during
reactor operation as well as throughout accidents and
subsequent recovery operations.
For nuclear reactors with operating licenses issued by
the Nuclear Regulatory Commission prior to the effective date
of this amendatory Act, such system status and power level
signals shall be provided to the Department by March 1, 1985.
For reactors without such a license on the effective date of
this amendatory Act, such signals shall be provided to the
Department prior to commencing initial fuel load for such
reactor. Nuclear reactors receiving their operating license
after the effective date of this amendatory Act, but before
July 1, 1985, shall provide such system status and power
level signals to the Department by September 1, 1985.
(Source: P.A. 86-901.)
Section 10. The Illinois Low-Level Radioactive Waste
Management Act is amended by changing Section 13 as follows:
(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. 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.
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 2003. 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.
(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.
(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. 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 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 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
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 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 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. 90-29, eff. 6-26-97; revised 8-6-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.