This Act shall be known and may be cited as the "Illinois Low-Level
Radioactive Waste Management Act".
Section 2. Legislative Findings.
(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 Government pursuant
to the Low-Level Waste Management Policy Act of 1980 to provide for the
safe management of the low-level radioactive wastes produced within its
borders.
(b) It is the purpose of this Act to establish a comprehensive program
for the storage, treatment and disposal of the low-level radioactive wastes in
Illinois. It is the intent of the General Assembly that such a 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 pursuant to
Section 274b of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(c) The General Assembly further finds that under Article IX of the
Compact, it is the obligation of this State to prescribe and enforce penalties
against any person who, unless authorized by the Commission pursuant to
Article III(c) of the Compact, disposes of waste at a facility other than a
regional facility, and that this obligation extends to, but is not necessarily
limited to, disposal of any waste that is classifiable as Class A, B or C
waste under the system established by Section 61.55 of Title 10, Code of
Federal Regulations, as in effect on January 26, 1983.
Section 3. Definitions.
(a) "Broker" means any person who takes possession of low-level waste
for purposes of consolidation and shipment.
(b) (1) "Commission" means the Low-Level Radioactive Waste Disposal
Facility Siting Commission.
(2) "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 pursuant to Section 3001 of the
Resource Conservation and Recovery Act of 1976, P.L. 94-580 or pursuant to
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 such 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 a 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 a regional waste management facility.
(o) "Release" means any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping or disposing
into the environment of low-level radioactive waste.
(p) "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 such 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 such actions protect human health and the environment.
(q) "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.
(r) "Storage" means the temporary holding of waste for treatment or
disposal for a period determined by Department regulations.
(s) "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.
(t) "Waste management" means the storage, transportation, treatment or
disposal of waste.
Section 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 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.
(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 storage, treatment or disposal site away from the point of generation
necessary to protect human health and the environment. Such 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 storage, treatment or 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 storage, treatment or
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 such regulations.
(b) The Department may enter into one or more operating agreements
with a qualified operator of any facility for which a license is required
pursuant to Section 8 of this Act, which agreement may contain such provisions
with respect to the construction, operation, closure and post-closure
maintenance of any such facility by the operator as the Department shall
determine, including, without limits, (i) provisions leasing, or providing for
the lease of, the site to such operator and authorizing the operator to
construct, own and operate the facility and to transfer the facility to the
Department following closure and such additional years of post-closure
maintenance as the Department shall determine; (ii) provisions granting
exclusive rights to the operator with respect to the permanent disposal of
low-level radioactive waste in this State to license or otherwise permit
another facility for such purpose during the term of the operating agreements;
(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 agreements; 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
agreements.
Section 6. Requirements for Waste Facilities.
(a) The Department shall promulgate rules and regulations establishing
standards applicable to facilities for the storage, treatment or disposal of
low-level radioactive wastes away from the point of generation necessary to
protect human health and the environment. Such rules and regulations shall
reflect the best available management technologies which are economically
reasonable, technologically feasible and environmentally sound for the
storage, treatment and disposal of such 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 such low-level
radioactive waste facilities;
(2) Requirements and standards for the keeping of records and
the reporting and retaining of data collected by the operators of such
facilities;
(3) Requirements and standards for the technical qualifications
of the personnel to develop and operate such facilities;
(4) Requirements and standards for establishing the financial
responsibility of the operators of such sites;
(5) Requirements and standards for the emergency closure of such
facilities;
(6) Requirements and standards for the closure, decommissioning
and post-closure care, monitoring, maintenance and use of such
facilities.
(b) Such regulations shall include provisions requiring that the
operator of a 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 a
facility during the operating period and during a reasonable period of post-
closure care.
(c) Such 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
promulgating such regulations.
(e) All rules and regulations promulgated pursuant to 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
by reason of a failure, delay, or cessation in facility operation, if
such failure is due to failure of the facility or the facility operator
in complying with the provisions of this Act or regulations promulgated
pursuant to 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 pursuant to this Act, the owner of the
facility shall have a cause of action against the State for damages.
Such damages shall be limited to the amounts paid or debts incurred by
such 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 such costs are recoverable as damages under subsection (2)
of this Section, shall not by reason of such recovery be precluded from
maintaining an action pursuant to subsection (2), of this Section,
however, such public utility shall promptly refund to its customers any
damages so recovered.
Section 7. Waste Treatment--Requirements.
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 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.
Section 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 and
regulations promulgated pursuant to Section 6;
(3) financial and personnel information necessary to assure the
integrity and qualifications of the operator;
(4) a closure plan to ensure the proper decommissioning,
monitoring and long term care of a facility; and
(5) a contingency plan to establish the procedures to be
followed in the event of unanticipated radioactive releases.
(c) Pursuant to the process established in Section 10, the Director
may issue a license to the applicant who has met and whom he believes will
comply with the requirements of the Act. In the event that an applicant
proposes modifications of a facility, or in the event that the Director
determines that modifications are necessary to conform to the requirements of
the Act, the Director may issue such 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 Section or upon a determination that an
emergency exists posing a significant hazard to public health and the
environment, the Director may revoke such license. Prior to revoking any
license, the Director shall serve notice upon the alleged violator setting
forth the Sections of this Act, or the regulations adopted pursuant thereto,
which are alleged to have been violated. The Director shall hold at least one
public hearing not sooner than 30 days following such notice.
(e) No person shall operate and the Director shall not issue any
permit under this Section to operate any disposal facility for the shallow
land burial of low-level radioactive wastes in Illinois.
(f) The Department shall not grant any license to operate any facility
for the storage, treatment or disposal of low-level radioactive wastes away
from the point of generation in Illinois until (1) the regional management
plan required pursuant to Article IV of the Central Midwest Interstate Low-
Level Radioactive Waste Compact has been adopted, (2) the need for such
facility has been established, and (3) Illinois has been designated as the
host state for such facility by the Compact Commission. This subsection shall
not apply to any storage facility in Illinois licensed by the Department or
federal government on the effective date of this Amendatory Act of 1986.
(g) On January 1, 1993, all licenses previously granted by the
Department for the storage, treatment or disposal of low-level radioactive
wastes away from the point of generation in Illinois shall expire, except for
any such licenses relating to a facility which has been designated a regional
facility under the terms of the Central Midwest Interstate Low-Level
Radioactive Waste Compact.
(h) Nothing in this Section shall relieve an applicant from securing
any necessary zoning approval from the unit of government having zoning
jurisdiction over the proposed facility.
(i) Any license issued by the Department to operate any facility for
the disposal of low-level radioactive wastes away from the point of generation
shall be revoked as a matter of law 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 hazardous waste that is not mixed
waste, and
(2) (a) if the facility is located more than 1 1/2 miles from
the boundary of a municipality, 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, that municipality passes an
ordinance ordering the license revoked.
Section 9. Waste Transporters--Requirements.
Requirements for Waste Transporters
(a) No person shall transport any low-level radioactive waste to a
storage, treatment or disposal facility in Illinois licensed pursuant to
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 pursuant to 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
such 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 such
shipments to ensure that leakage or spills do not occur;
(3) The specific routes and timetables according to which such
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
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 a permit applicant 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
such 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 a storage, treatment or disposal facility
licensed pursuant to Section 8 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.
Section 10. Site Studies; Grants.
(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.
Such 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 such 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 initiate
the planning, development and site selection procedures necessary to establish
a permanent facility for the disposal of low-level radioactive wastes by
January 1, 1989 or 5 years after such date, whichever is later. Not later
than 3 months after such date, the Department shall solicit proposals for the
selection of one or more contractors to 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
which best conforms with the requirements of Section 5 and regulations adopted
pursuant thereto.
(c) Not later than 3 months after finalizing such regulations, the
Director shall announce his intention to select possible sites for the
location of such a permanent disposal facility. The Director shall initiate
such studies as he deems necessary for the initial characterization of such
sites. Not later than 9 months after adopting such regulations, the Director
shall select at least 2 alternative sites for characterization as the site for
establishing a permanent disposal facility. The Director shall not
characterize more than 4 alternative sites. During the site selection process
the Director shall give prompt notice in writing that a site is being
considered by the Department as an alternative site for a permanent disposal
facility to each county, city, village and incorporated town within a 25 mile
radius of the site and to each member of the General Assembly whose
legislative district, in whole or in part, falls within the 25 mile radius of
that site. The Director shall provide for public participation in the site
selection process and shall hold one or more public hearings prior to his
selection of an alternative site.
The selection of an alternative site for characterization shall be in
the Director's sole discretion. No unit of local government, school district
or any person shall have the power to prohibit the Director from
characterizing a site.
(d) Not later than 36 months after the selection of an alternative
site, the Department shall complete, in cooperation with the Illinois
Geological and Water Surveys, environmental impact and characterization
studies on that site. Upon request of the Commission, the Department shall
provide the Commission with copies of the completed reports of such studies
and such other information as is requested by the Commission. The Director
shall discontinue the characterization and the environmental impact study of
any alternative site if the Director determines that the site is not suitable
for the development of a disposal facility.
(e) A county or municipality in which an alternative site is
identified for characterization for the permanent disposal facility may apply
to the Department for a State grant for expenses attributable to siting
reviews. Upon approval by the Director, the Department may make such grants to
local governments from the fees collected pursuant to Section 13. Such grants
shall be used by local governments solely for their expenses or the hiring of
expert consultants relating to the review of the technical suitability of a
proposed site.
(f) In addition to the grants for siting reviews under subsection (e),
each county or municipality within whose jurisdiction an alternative site for
characterization is located may apply to the Department for a State grant.
Additionally, each county or municipality within whose jurisdiction the site
selected by the Director for the development of the permanent low-level
radioactive waste disposal facility is located may apply to the Department for
a State grant; provided that no county or municipality shall receive a payment
pursuant to any such grant after the effective date of the license to operate
the permanent low-level radioactive waste disposal facility.
Upon approval of the Director, the Department may make grants under this
subsection from the fees collected pursuant to Section 13. The grants may be
used by the counties or municipalities for any lawful purposes.
Section 10.1 Commission.
(a) The Low-Level Radioactive Waste Disposal Facility Siting
Commission is hereby established. The Commission shall consist of 3 members
appointed by the Governor with the consent of the Senate. One of the
Commissioners shall be designated by the Governor to be Chairman. Each
Commissioner shall serve for the duration of the Commission's activity. Upon
the death, removal or resignation of a Commissioner, the Governor, with the
consent of the Senate, shall appoint a replacement.
Commissioners shall be compensated at the rate of $300 per diem ($500
per diem for the Chairman) and shall be reimbursed for expenses incurred in
the course of their duties, but shall not be deemed to be employees of the
State and shall not receive retirement benefits, health insurance, life
insurance, or other employee benefits. The members of the Commission and its
employees shall be represented and indemnified as provided in the State
Employee Indemnification Act.
The Commission may, out of funds appropriated for this purpose, retain
on contract an executive director and such clerical, technical and
professional services as it may deem necessary for the execution of its
duties. Meetings between the Commissioners and the Commission staff shall not
be public meetings. Meetings between the Commissioners and the Commission
staff for the purpose of making assignments or receiving preliminary studies,
analyses or reports shall not be public meetings, provided that information,
data, documents, studies, analyses or reports relied upon by the Commission in
a determination under this list shall be available to the public and provided
further that the Commission shall not conduct deliberations pertaining to a
determination under this list and shall not propose or make a determination
under this list except at a public meeting.
The Commission may enter into contracts, conduct hearings and other
proceedings and adopt rules of procedure with respect thereto, and exercise
all powers reasonably necessary for the execution of its duties. Any official
action of the Commission shall require the concurrence of at least 2 of its
members.
The Commission shall have the duties and supersede the responsibilities
of any independent hearing officer designated by executive authority for
review of the safety and suitability of a site for the disposal of low-level
radioactive waste away from the point of generation. Any contract for
services supporting such an independent hearing officer, including amendments
thereto, if any, that is in effect on the effective date of this amendatory
Act of 1990 shall continue at the expense of the Department for the support,
and to carry out the assignments, of the Commission. The power of the
Commission to accept such support and to direct such assignments shall not
cause any such contract for services, or amendments thereto, to be deemed,
made, procured, executed or performed in violation of the Public Officer
Prohibited Activities Act.
(b) It shall be the duty of the Commission to evaluate the safety and
suitability of any site proposed by the Director under subsection (a) of
Section 12 for the location of a permanent facility for the disposal of low-
level radioactive waste away from the point of generation, by determining
whether the proposed site meets all the requirements set forth in subsection
(b) of Section 12.
The Commission shall base its determination upon the preponderance of
the evidence included in the total record relating to the proposed site,
including (i) the preliminary design for the facility to be constructed at the
proposed site, to be submitted by the contractor that is selected by the
Department, (ii) the record on the proposed site assembled by the Department
under Section 10, and (iii) the record compiled by the Commission in the
course of its hearings and deliberations on the proposed site.
In the course of its evaluation of a proposed site, the Commission shall
conduct at least one public hearing thereon at an appropriate venue within the
county in which the proposed site is located. The Commission may issue
subpoenas to compel the attendance of witnesses and the production of
documents at such hearings, and may seek an order from the appropriate circuit
court requiring compliance with any of its subpoenas under penalty of
contempt.
The Commission shall notify the Department of its determination to
designate or reject the site proposed by the Director, and shall cause a
notice of its determination to be published in the Illinois Register. The
Commission's designation of the Illinois site shall be reviewable only as part
of the consolidated review proceeding provided for in subsection (b) of
Section 18. The Department shall not take any final action on an application
for a license to develop or operate a facility for the disposal of low-level
radioactive waste away from the point of generation unless the proposed site
of the facility has been determined by the Commission to meet all of the
requirements of subsection (b) of Section 12 for the basic design upon which
the application is based, and designated by the Commission under this
subsection.
(c) Before the Department issues any initial license under Section 8
for the development or operation of the low-level radioactive waste disposal
facility at the proposed site, it shall transmit to the Commission a copy of
the proposed license, and the Commission shall review its original
determination under subsection (b). The Commission shall determine whether
there are any material differences between the facility described in the
proposed license and the preliminary facility design upon which it based its
original determination, which differences would cause the site to no longer
meet the criteria established in subsection (b) of Section 12.
If the Commission determines that there are material differences between
the facility described in the proposed license and the preliminary facility
design, which differences would cause the site to no longer meet the criteria
established in subsection (b) of Section 12, or if the Commission is unable to
confirm its original determination for any other reason, the Commission shall
so notify the Department and the license as proposed shall not be issued. The
Commission's notice to the Department shall specify the reasons for its
decision, including an identification of the material differences and the
consequence those differences have on site suitability. If the proposed
license is modified so as to address the Commission's determination, the
proposed license may be resubmitted to the Commission as the basis for another
review under this subsection.
If the Commission determines that there are no material differences
between the facility described in the proposed license and the preliminary
facility design, which differences would cause the site to no longer meet the
criteria established in subsection (b) of Section 12, and it confirms its
original determination that the proposed facility meets all of the
requirements of subsection (b) of Section 12, it shall so notify the
Department and the Department may thereupon issue the license, provided that
applicable licensing requirements have been satisfied. The Commission's
determination shall be in writing, shall be made available to the public and
shall become part of the record of the Department for the purposes of the
review proceeding authorized in Section 18.
(d) The proceedings of the Commission and the rules of procedure
adopted by the Commission with respect thereto shall not be subject to the
Illinois Administrative Procedure Act. The Commission's determinations shall
be subject to review only as part of the consolidated review proceeding
provided for in subsection (b) of Section 18, and shall not be subject to
independent review under the Administrative Review Law or otherwise.
(e) Upon the expiration of the period for bringing a consolidated
review proceeding under subsection (b) of Section 18 without any such action
being initiated, or upon the issuance by the court in such a proceeding of a
final and unappealable order upholding the Director's issuance of a license
for the development and operation of a permanent low-level radioactive waste
disposal facility, the records of the Commission shall be transferred to the
Department and the Commission shall be abolished.
Section 11. Requirements for Interim Waste Management.
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.
(a) Upon completing the studies provided for in Section 10 on an
alternative site, and upon determining that the alternative site meets the
criteria in subsection (b), the Director may propose that site as the site for
the development and operation of a facility for the disposal of low-level
radioactive wastes away from the point of generation, by notifying the
Commission of the proposed site. The Director's action of proposing a site is
not a final action or determination subject to judicial review.
(b) The site shall meet all of the following criteria with respect to
a facility of the proposed design:
(1) The site shall be located so that the public health, safety
and welfare will be protected.
(2) The site shall be located in a suitable geological and
hydrological medium.
(3) The site shall be located so as to minimize the possibility
of radioactive releases into groundwaters utilized as public water
supplies.
(4) The site shall be located outside the boundary of the 100
year flood plain as determined by the Department of Transportation.
(5) The site shall be located so as to consider the distance
necessary for the transportation of low-level wastes and so that the
impact on existing traffic flows is minimized.
(6) No low-level radioactive waste disposal facility shall be
located in or within 1 1/2 miles of the boundaries of any municipality
unless approval is given by the governing body of that municipality.
(7) No low-level radioactive waste disposal facility shall be
located in an area of a county situated more than 1 1/2 miles beyond the
boundaries of a municipality unless approval is given by the governing
body of that county.
(c) If the Commission determines in accordance with subsection (b) of
Section 10.1 that a proposed site meets the requirements of subsection (b) of
this Section, it may designate that proposed site as the Illinois site for the
development and operation of a facility for the disposal of low-level
radioactive waste away from the point of generation. The Commission's
designation of the Illinois site shall be reviewable only as part of the
consolidated review proceeding provided for in subsection (b) of Section 18.
(d) The Director, any county or municipality whose approval is
required under subsection (b) of this Section prior to locating a low-level
radioactive waste disposal facility, and any other person are authorized to
enter into contracts or agreements to fulfill the purposes of this Act. Such
contracts or agreements may include, but need not be limited to, matters of
technical and socioeconomic concern regarding the development, operation,
closure, and post-closure care of such facility.
Section 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 such waste for shipment occurred prior to
September 7, 1984;
(2) $2 per cubic foot of waste stored for shipment if storage of
such 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
such waste occurs on or after October 1, 1985;
(4) $2 per cubic foot of waste shipped for storage, treatment or
disposal if storage of such waste for shipment occurs on or after
September 7, 1984 but prior to the effective date of this Amendatory Act
of 1985, provided that no fee has been collected previously for storage
of such waste.
(5) $3 per cubic foot of waste shipped for storage, treatment or
disposal if storage of such waste for shipment occurs on or after
October 1, 1985, provided that no fees have been collected previously
for storage of such 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.
(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. Fees shall be due and
payable on January 1st of each year, beginning January 1, 1986.
After the effective date of this amendatory Act of 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 of $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 such 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
so 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 he 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 and expended, subject to appropriation, for the purposes
provided in 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, $75,000
payable on October 1, and $75,000 payable on April 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.
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.
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 such 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. Such
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 pursuant to subsection (b) of
Section 5 of this Act between the Department and any facility operator shall,
subject to the provisions of this Act, authorize the operator to impose upon
and collect from persons using the 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 operator's obligations under the operating
agreement, and (2) to provide reasonable and appropriate compensation or
profit to the 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
Commission, and subject to the provisions of this Section, any unit of local
government; (iii) amortization of capitalized costs with respect to the
facility and its development, including any capitalized reserves; (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 pursuant to subsection (g)(3) below. For purposes of this subsection
(b), any compensation agreed to by the Department pursuant to 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 such 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 such year plus the compensation provided
for in the operating agreement, then such 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 such previously
accumulated excess revenues, as the Department shall determine.
(g) (1) Not later than 6 months before the date a facility for which
a license is required pursuant to Section 8 of this Act is expected
first to be available for waste storage, treatment or disposal, the
operator of such 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 pursuant to 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 operator 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 such 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 equitably
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 pursuant to
this subsection (g) with respect to any disposal facility that was
developed in whole or in part through the use of funds collected
pursuant to 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 such facility, together with
reasonable interest determined by the Department, over a time period not
longer than the expected operating life of the facility. Such 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 such 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
pursuant to 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 such 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 pursuant to 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 pursuant to
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) 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) 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) 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.
(k) Any facility for which a license is required pursuant to 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 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 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 pursuant to this Section into the Low-Level Radioactive Waste
Facility Development and Operation Fund. 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 such other rules and regulations
as may be necessary to implement this Section.
Section 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". 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. 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) conducting the environmental impact studies and other
characterization studies provided for in Section 10;
(3) conducting the public hearings and providing for public
participation pursuant to Section 10;
(4) contracting with any firm for the purpose of carrying out
the purposes of this Act;
(5) payment of fees in lieu of taxes to a local government
having within its boundaries a permanent disposal facility;
(6) Payment of grants to counties or municipalities pursuant to
Section 10;
(7) grants and scholarships under the Nuclear Safety Education
Assistance Act; and
(8) expenses of the Low-Level Radioactive Waste Disposal
Facility Siting Commission.
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 such 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 such 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 such income and expenditures, and shall indicate
the amounts of all such 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 in the State
Treasury to the credit of this Fund. All deposits into this Fund shall be
held by the State Treasurer separate and apart from all public money or funds
of this State. 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 permanent disposal facility;
(2) monitoring, inspecting and other procedures required for the
proper post-closure care of such facility;
(3) taking any remedial actions necessary to protect human
health and the environment from releases or threatened releases of
wastes from such facility;
(4) the purchase of facility and third-party liability insurance
necessary during the institutional control period of a facility;
(5) mitigating the impacts of the suspension or interruption of
the acceptance of waste for disposal; and
(6) compensating any person suffering any damages or losses to a
person or property caused by a release from such facility as provided
for in Section 15.
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 such 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
such income and expenditures, and shall indicate the amounts of all such
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 such 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.
Section 15. Compensation.
(a) Any person may apply to the Department pursuant to this Section
for compensation of a loss caused by the release, in Illinois, of
radioactivity from a low-level radioactive waste facility. The Department
shall prescribe appropriate forms and procedures for claims filed pursuant to
this Section, which shall include, as a minimum, the following:
(1) Provisions requiring the claimant to make a sworn
verification of the claim to the best of his or her knowledge.
(2) A full description, supported by appropriate evidence from
government agencies, of the release of the radioactivity claimed to be
the cause of the physical injury, illness, loss of income or property
damage.
(3) If making a claim based upon physical injury or illness,
certification of the medical history of the claimant for the 5 years
preceding the date of the claim, along with certification of the alleged
physical injury or illness and expenses for such physical injury or
illness, made by hospitals, physicians or other qualified medical
authorities.
(4) If making a claim for lost income, information on the
claimant's income as reported on his or her federal income tax return or
other document for the preceding 3 years in order to compute lost wages
or income.
(b) The Department shall hold at least one hearing, if requested by
the claimant, within 60 days of submission of a claim to the Department. The
Director shall render a decision on a claim within 30 days of the hearing
unless all of the parties to the claim agree in writing to an extension of
time. All decisions rendered by the Director shall be in writing, with
notification to all appropriate parties. Such decision shall be considered a
final administrative decision for the purposes of judicial review.
(c) The following losses shall be compensable pursuant to this
Section, provided that the Department has found that the claimant has
established, by the weight of the evidence, that such losses were proximately
caused by the designated release and are not otherwise compensable pursuant to
law:
(1) One hundred percent of uninsured, out-of-pocket medical
expenses, for up to 3 years from the onset of treatment;
(2) Eighty percent of any uninsured, actual lost wages, or
business income in lieu of wages, caused by injury to the claimant or
the claimant's property, not to exceed $15,000 per year for 3 years;
(3) Eighty percent of any losses or damages to real or personal
property; and
(4) One hundred percent of costs of any remedial actions on such
property necessary to protect human health and the environment.
(d) No claim may be presented to the Department pursuant to this
Section later than 5 years from the date of discovery of the damage or loss.
(e) Compensation for any damage or loss pursuant to this Section shall
preclude indemnification or reimbursement from any other source for the
identical damage or loss, and indemnification or reimbursement from any other
source shall preclude compensation pursuant to this Section.
(f) The Department shall adopt, and revise when appropriate, rules and
regulations necessary to implement the provisions of this Section, including
methods that provide for establishing that a claimant has exercised reasonable
diligence in satisfying the conditions of the application requirements, for
specifying the proof necessary to establish a damage or loss compensable
pursuant to this Section and for establishing the administrative procedures to
be followed in reviewing claims.
(g) Claims approved by the Director shall be paid from the Low-Level
Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund,
except that claims shall not be paid in excess of the amount available in the
Fund. In the case of insufficient amounts in the Fund to satisfy claims
against the Fund, the General Assembly may appropriate monies to the Fund in
amounts it deems necessary to pay such claims.
Section 16. (a) Prohibitions. Unless otherwise exempt by State law or
regulation, no person shall dispose of any low-level radioactive waste in
Illinois other than at a facility licensed by the Department pursuant to
Section 8.
(b) Unless otherwise authorized by the Central Midwest Interstate Low-
Level Radioactive Waste Commission pursuant to the terms of the Compact, no
person shall dispose of low-level radioactive waste at a facility in Illinois
other than a "regional facility" as that term is defined by the Compact.
(c) These prohibitions shall apply notwithstanding any federal policy
or regulation to the contrary, including without limitation any federal policy
or regulation declaring any waste to be below regulatory concern or exempt
from regulatory control. For purposes of this Section 16, the term "low-level
radioactive waste" includes without limitation all waste classifiable as Class
A, B or C under the system established by Section 61.55 of Title 10, Code of
Federal Regulations as in effect on January 26, 1983.
Section 17. Penalties.
(a) Any person violating Section 16 shall be guilty of Class 4 felony
and shall be subject to a civil penalty not to exceed $100,000 per day of
violation.
(b) Any person operating any facility in violation of Section 8 shall
be subject to a civil penalty not to exceed $100,000 per day of violation.
(c) Any person failing to pay the fees provided for in Section 13
shall be liable to a civil penalty not to exceed 4 times the amount of the
fees not paid.
(d) Such criminal violations shall be prosecuted by the Attorney
General at the request of the Department and such civil penalties are
recoverable in an action brought by the Attorney General on behalf of the
State in the circuit court in which the violation occurred. All amounts
collected from fines under this Section shall be deposited in the Low-Level
Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund.
Section 18. Judicial Review.
(a) Except as otherwise provided in this Act, any person affected by a
final order or determination of the Department, including a final
determination to deny the issuance or renewal of a facility license provided
for under Section 8, may obtain judicial review, by filing a petition for
review within 90 days after the entry of the order or other final action
complained of, pursuant to the Administrative Review Law and the rules adopted
pursuant thereto.
(b) The initial issuance by the Director of a license for the
development and operation of a facility for the disposal of low-level
radioactive waste away from the point of generation shall be subject to review
only in accordance with this subsection.
Within 35 days after the initial issuance by the Director of a license
for the development and operation of a facility for the disposal of low-level
radioactive waste away from the point of generation, any person who is or may
be adversely affected by the Director's decision to issue the license, or by
the Commission's determinations that the site meets the requirements of
subsection (b) of Section 12 with respect to the proposed facility described
in the license, may petition the appellate court for the district within which
the proposed site is located for review of the Commission's determinations and
the Director's decision to issue the license. All such petitions shall be
consolidated into a single review proceeding.
The review proceeding shall be conducted in accordance with the Adminis-
trative Review Law, except that the proceeding shall originate directly in the
appellate court rather than in the circuit court. Review of the Commission's
determinations and the Director's decision shall be based solely on the
evidence in the record upon which the determination or decision was based, and
the burden shall be on the petitioner to establish that the determination or
decision is contrary to the manifest weight of the evidence.
Section 19. Agreement State Status.
The Governor, on behalf of this State, is authorized to enter into
agreements with the Federal Government providing for discontinuance of certain
of the Federal Government's responsibilities with respect to low-level waste
disposal.
In accordance with P.L. 86-373, Section 274b of the Atomic Energy Act,
and the Notice, published in the Federal Register, Vol. 46, No. 15, January
23, 1981, (7540-7546) "Criteria for Guidance of States and NRC in
Discontinuance of NRC regulatory Authority and Assumption thereof by States
through Agreement", the Governor is hereby authorized to enter into Full or
Limited Agreement State Status for Low-Level Waste Disposal with the Federal
Government for regulatory authority over radioactive byproduct, source and
special nuclear material as defined in Section 11e(1) and Section 11e(2) of
the Atomic Energy Act.
Section 20. Confirmation of Compact Commissioner.
The Illinois representatives to the Central Midwest Interstate Low-Level
Radioactive Waste Commission appointed by the Governor shall be subject to
confirmation by the Senate. Each Commissioner shall hold office for a term of
2 years, expiring the third Monday in January of each odd-numbered year, and
until his successor is appointed and qualified.
Section 21. Shared Liability.
Any state which enacts the Central Midwest Interstate Low-Level
Radioactive Waste Compact and has as its resident a generator shall be liable
for the cost of post-closure care in excess of funds available from the Low-
Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation
Fund or from any liability insurance or other means of establishing financial
responsibility in an amount sufficient to provide for any necessary corrective
actions or liabilities arising during the period of post-closure care. The
extent of such liability shall not be in excess of the prorated share of the
volume of waste placed in the facility by the generators of each state which
has enacted the Central Midwest Interstate Low-Level Radioactive Waste
Compact. However, this Section shall not apply to a party state with a total
volume of waste recorded on low-level radioactive waste manifests for any year
that is less than 10 percent of the total volume recorded on such manifests
for the region during the same year.
Section 21.1. (a) For the purpose of conducting subsurface surveys and
other studies under this Act, officers and employees of the Department and
officers and employees of any person under contract or subcontract with the
Department shall have the power to enter upon the lands or waters of any
person upon written notice to the known owners and occupants, if any.
(b) In addition to the powers under subsection (a), and without
limitation to those powers, the Department and any person under contract or
subcontract with the Department shall also have the power to enter contracts
and agreements which allow entry upon the lands or waters of any person for
the purpose of conducting subsurface surveys and other studies under this Act.
(c) The Department shall be responsible for any actual damages
occasioned by the entry upon the lands or waters of any person under this
Section.
Section 22. Selection as host state of waste treatment or disposal
facility - Withdrawal from compact. (Repealed by P.A. 84-1407, approved and
effective September 19, 1986.)
Section 23. Selection as host state--Approval of General Assembly.
(Repealed by P.A. 84-1407, approved and effective September 19, 1986.)
Section 24. Advisory committee--Withdrawal from compact. (Repealed by
P.A. 84-1407, approved and effective September 19, 1986.)
