TITLE 32: ENERGY
CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY
SUBCHAPTER d: LOW LEVEL RADIOACTIVE WASTE/TRANSPORTATION
PART 620
REGISTRATION OF LOW-LEVEL RADIOACTIVE WASTE GENERATORS
Section
620.10 Definitions
620.20 Generator Registration
620.25 Broker Registration
620.30 Filing Of Annual Report by Generators
620.35 Filing of Annual Reports by Brokers
620.40 Payment of Fees for Waste Storage
620.50 Payment of Fees for Waste Shipped
620.60 Payment of Fees - Small Generators
620.70 Payment of Fees - Nuclear Power Reactors
620.80 Non-Compliance with Registration and Filing of Reports
620.90 Deposit of Fees
AUTHORITY: Implementing and authorized by Sections 3 and 4 of the Illinois
Low-Level Radioactive Waste Management Act (Ill. Rev. Stat. 1986 Supp., ch.
111�, pars. 241-3 and 241-4).
SOURCE: Emergency rule at 8 Ill. Reg. 18519, effective September 20, 1984,
for a maximum of 150 days; adopted at 9 Ill. Reg. 2287, effective January 31,
1985; Emergency amendment at 9 Ill. Reg. 17433, effective October 25, 1985,
for a maximum of 150 days; amended at 10 Ill. Reg. 7818, effective April 29,
1986; Emergency amendment at 10 Ill. Reg. 21956, effective December 26, 1986,
for a maximum of 150 days; adopted at 11 Ill. Reg. 7646, effective April 9,
1987.
Section 620.10 Definitions
As used in this Part, the following definitions shall apply:
"Act" means the Illinois Low-Level Radioactive Waste Management
Act (The Act), (Ill. Rev. Stat. 1986 Supp., ch. 111�, pars. 241-1
et seq.).
"Broker" means any person who takes possession of low-level
radioactive waste solely for purposes of consolidation and
shipment.
"Department" means the Department of Nuclear Safety.
"Disposal" means the isolation of waste from the biosphere in a
permanent facility designed for that purpose.
"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.
"Low-Level Radioactive 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).
"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.
"Storage" means the holding of waste for treatment or disposal for
a period of twenty-four hours or more.
"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, amendable to recovery, convertible to another usable
material or reduced in volume.
"Waste" See: "Low-Level Radioactive Waste".
(Source: Amended at 11 Ill. Reg. 7646, effective April 9, 1987)
Section 620.20 Generator Registration
All generators shall register with the Department within 60 days of
commencement of producing or possessing any quantity of low-level radioactive
waste in Illinois. Registration shall be on a form developed by the
Department and shall include: (Supp. Ill. Rev. Stat., 1983, ch. 111 1/2, par.
241-4(a)).
a) name, address and officers of the generator, and
b) the types and amount of wastes produced or possessed and to be
produced or possessed.
Section 620.25 Broker Registration
All existing brokers shall register with the Department within 180 days of the
effective date of the amendatory Act of 1986. (The Act) (Ill. Rev. Stat. 1986
Supp., ch. 111�, par. 241-4(a)). New brokers shall register within 60 days of
taking possession of any low-level radioactive waste or 180 days after the
effective date of the amendatory Act, whichever is later. Registration shall
be on a form developed by the Department and shall include:
a) the name, address, and officers of the broker,
b) the type and amount of low-level radioactive waste received by the
broker for purposes of consolidation and shipment, and
c) the name and address of each low-level radioactive waste generator
from whom low-level radioactive waste has been received by the
broker.
(Source: Added at 11 Ill. Reg. 7646, effective April 9, 1987)
Section 620.30 Filing Of Annual Report by Generators
Each generator who has generated any low level waste during a given calendar
year shall file an annual report with the Department. For the calendar year
1984, the annual report shall be submitted by March 1, 1985. For subsequent
years, the annual report shall be submitted by February 1 as required by Ill.
Rev. Stat. 1986 Supp., ch. 111�, par. 241-4(b). This report shall be on a
form developed by the Department and shall include:.
a) the name, address and officers of the generator,
b) the types and amounts of waste produced or possessed during the
prior calendar year,
c) the types and amounts of waste expected to be produced or
possessed during the next calendar year,
d) waste stored during the prior calendar year, including types and
amounts,
e) waste shipped during the prior calendar year including types,
amounts, dates, destination and means of shipment,
f) whether reports were filed with the Department and fees paid to
the Department during the prior calendar year for waste stored,
g) whether reports were filed with the Department and fees paid to
the Department during the prior calendar year for waste shipped,
h) whether any additional waste was stored and not reported to the
Department,
i) whether any additional waste was shipped and not reported to the
Department,
j) methods used to treat, store, and dispose of waste,
k) technological feasibility, economic reasonableness and
environmental soundness of alternative treatment, storage and
disposal methods,
l) name and address of broker(s) used, and
m) the names of such disposal sites if direct shipments to disposal
sites were made.
(Source: Amended at 11 Ill. Reg. 7646, effective April 9, 1987)
Section 620.35 Filing of Annual Reports by Brokers
Each broker who has taken possession of any low-level radioactive waste during
a given calendar year shall file an annual report with the Department. The
first annual report shall be for calendar year 1986, and shall be submitted by
February 1, 1987 or 45 days after registering with the Department, whichever
is later. For subsequent years, the annual report shall be submitted by
February 1. This report shall be on a form developed by the Department or, by
electronic means (e.g. computer diskette, on-line computer communication) that
are compatible with the Department's computer capabilities. The report shall
include:
a) the name, address and officers of the broker.
b) for waste shipped to disposal sites outside Illinois during the
prior year, the disposal manifest information kept pursuant to 32
Ill. Adm. Code 340.3110. The original generator name and address
and waste volume for each generator must be given for each
shipment.
c) for waste permanently disposed of in Illinois during the prior
year, in addition to the manifest information described in
subsection (b), the types, amounts, dates disposed of and disposal
method(s).
d) for each shipment of waste received, the name and address of the
generator from whom the waste was received and the volume and type
of waste received.
e) for waste shipped for storage or treatment, the name and address
of the entity to whom the waste is shipped and the volume and type
of waste shipped.
(Source: Added at 11 Ill. Reg. 7646, effective April 9, 1987)
Section 620.40 Payment of Fees for Waste Storage
a) Generators which have stored any quantity of waste for shipment at
a later date shall pay a fee to the Department in accordance with
the following:
1) For waste stored between September 8, 1984, and December 31,
1984, for shipment at a later date, a fee shall be paid to
the Department by no later than January 31, 1985. The fee
shall be in the amount of $2 per cubic foot of all such
waste stored for shipment.
2) For waste stored on or after January 1, 1985 but before
October 1, 1985 for shipment at a later date, fees shall be
paid to the Department quarterly by any generator which has
stored 100 cubic feet or more of waste during the prior
quarter or since filing its last report with the Department.
These fees shall be paid by May 1, August 1 and November 1,
1985. A fee shall be paid by February 1, 1986 by any
generator which has stored less than 100 cubic feet of waste
during this period. The fee shall be in the amount of $2
per cubic foot of all such waste stored for shipment.
3) For waste stored between October 1, 1985 and December 31,
1985, for shipment at a later date, a fee shall be paid to
the Department by no later than February 1, 1986. The fee
shall be in the amount of $3 per cubic foot of all such
waste stored during this period.
4) For waste stored on or after January 1, 1986 for shipment at
a later date, a fee shall be paid to the Department annually
by no later than February 1 of the subsequent calendar year.
The fee shall be in the amount of $3 per cubic foot of all
such waste stored for shipment.
b) The fee shall be accompanied by a completed form prescribed by the
Department which identifies the types and amounts of waste stored
during that period. Generators shall be responsible for reporting
and paying all fees due and owing in accordance with this Section,
except as provided in Sections 620.60 and 620.70.
(Source: Amended at 10 Ill. Reg. 7818, effective April 29, 1986)
Section 620.50 Payment of Fees for Waste Shipped
a) Generators which have shipped any quantity of waste for storage,
disposal or treatment shall pay a fee to the Department in
accordance with the following:
1) For waste shipped between December 13, 1983 and September 7,
1984, a fee shall be paid to the Department by no later than
December 1, 1984. The fee for all such waste shipped
between December 13, 1983 and September 7, 1984 shall be in
the amount of $1 per cubic foot of waste shipped.
2) For waste shipped between September 8, 1984 and December 31,
1984, a fee shall be paid to the Department by no later than
February 1, 1985. The fee shall be in the amount of $1 per
cubic foot for waste which had been stored prior to
September 8, 1984. The fee shall be in the amount of $2 per
cubic foot for waste which had not been stored prior to
September 8, 1984, except that no fee shall be assessed if a
fee has already been paid to the Department for storage of
that waste in accordance with Section 620.40.
3) For waste shipped on or after January 1, 1985 but before
October 1, 1985, fees shall be paid to the Department
quarterly by any generator which has shipped 100 cubic feet
or more of waste during the prior quarter or since filing
its last report with the Department. These fees shall be
paid by May 1, August 1 and November 1, 1985. A fee shall
be paid by February 1, 1986, by any generator which has
shipped less than 100 cubic feet of waste during this
period. The fee shall be in the amount of $1 per cubic foot
for waste which had been stored prior to September 7, 1984.
The fee shall be in the amount of $2 per cubic foot for
waste which had not been stored prior to September 7, 1984,
except that no fee shall be assessed if a fee has already
been paid to the Department for storage of that waste in
accordance with Section 620.40.
4) For waste shipped between October 1, 1985 and December 31,
1985, a fee shall be paid to the Department by no later than
February 1, 1986. The fee shall be in the amount of $1 per
cubic foot for waste which had been stored prior to
September 7, 1984. The fee shall be in the amount of $2 per
cubic foot for waste which had been stored between September
7, 1984 and October 1, 1985. The fee shall be in the amount
of $3 per cubic foot for waste which had been stored on or
after October 1, 1985, except that no fee shall be assessed
if a fee has already been paid to the Department for storage
of that waste in accordance with Section 620.40.
5) For waste shipped on or after January 1, 1986, a fee shall
be paid to the Department annually by no later than February
1 of the subsequent calendar year. The fee shall be in the
amount of $1 per cubic foot for waste which had been stored
prior to September 7, 1984. The fee shall be in the amount
of $2 per cubic foot for waste which had been stored between
September 7, 1984 and October 1, 1985. The fee shall be in
the amount of $3 per cubic foot for waste which had been
stored on or after October 1, 1985, except that no fee shall
be assessed if a fee has already been paid to the Department
for storage of that waste in accordance with Section 620.40.
b) The fee shall be accompanied by a completed form prescribed by the
Department which identifies the types and amount of waste shipped
during that period. Generators shall be responsible for reporting
and paying all fees due and owing in accordance with this Section,
except as provided in Sections 620.60 and 620.70.
(Source: Amended at 10 Ill. Reg. 7818, effective April 29, 1986)
Section 620.60 Payment of Fees - Small Generators
Effective October 1, 1985, any generator of low-level radioactive waste which
was not subject to fees in the amount of at least $50 for waste stored and
shipped during a given calendar year in accordance with Sections 620.40 and
620.50, shall pay a fee in the amount of $50 for that calendar year to the
Department. Such fee shall be payable annually by February 1 of the
subsequent calendar year.
(Source: Amended at 10 Ill. Reg. 7818, effective April 29, 1986)
Section 620.70 Payment of Fees - Nuclear Power Reactors
Effective January 1, 1986, the owner of any nuclear power reactor in Illinois
for which an operating license has been issued by the Nuclear Regulatory
Commission shall be required to pay an annual fee of $90,000 for the
treatment, storage and disposal of low-level radioactive waste. Such fees
shall be due and payable on January 1st of each year, beginning January 1,
1986. (P.A. 84-496, effective October 1, 1985.)
(Source: Amended at 10 Ill. Reg. 7818, effective April 29, 1986)
Section 620.80 Non-Compliance with Registration & Filing of Reports
If any person fails or refuses to register with the Department, to file
required reports with the Department, or to pay the required fees, the
Department shall notify the person by registered mail that he has thirty (30)
days to respond, after which the Department will refer the case to the
Attorney General. Any person failing to pay the fees shall be liable to a
civil penalty not to exceed four times the amount of the fees not paid. (Ill.
Rev. Stat. 1984 Supp., ch. 111 1/2, par. 241-17(c)).
(Source: Amended at 10 Ill. Reg. 7818, effective April 29, 1986)
Section 620.90 Deposit of Fees
The Department shall deposit 80% of all fees collected under this Part in the
State Treasury to the credit of the Low-Level Radioactive Waste Facility
Development and Operation Fund. The Department shall deposit 20% of all such
fees collected in the State Treasury to the credit of the Low-Level Radio-
active Waste Facility Closure, Post-Closure Care and Compensation Fund.
(Source: Amended at 10 Ill. Reg. 7818, effective April 29, 1986)
