AN ACT in relation to the concentration and storage of radioactive waste,
approved August 16, 1963.
Section 230. Short title. This Act may be cited as the Radioactive Waste
Storage Act.
Section 230.1. Acquisition of lands, buildings and grounds
1. Acquisition of lands, buildings and grounds. The Director of Nuclear
Safety is authorized to acquire by private purchase, acceptance, or by
condemnation in the manner provided for the exercise of the power of eminent
domain under Article VII of the Code of Civil Procedure, any and all lands,
buildings and grounds where radioactive by-products and wastes produced by
industrial, medical, agricultural, scientific or other organizations can be
concentrated, stored or otherwise disposed in a manner consistent with the public
health and safety. Whenever, in the judgment of the Director of Nuclear Safety,
it is necessary to relocate existing facilities for the construction, operation,
closure or long-term care of a facility for the safe and secure disposal of low-
level radioactive waste, the cost of relocating such existing facilities may be
deemed a part of the disposal facility land acquisition and the Department of
Nuclear Safety may, on behalf of the State, pay such costs. Existing facilities
include public utilities, commercial or industrial facilities, residential
buildings, and such other public or privately owned buildings as the Director of
Nuclear Safety deems necessary for relocation. The Department of Nuclear Safety
is authorized to operate a relocation program, and to pay such costs of
relocation as are provided in the federal "Uniform Relocation Assistance and Real
Property Acquisition Policies Act", Public Law 91-646. The Director of Nuclear
Safety is authorized to exceed the maximum payments provided pursuant to the
federal "Uniform Relocation Assistance and Real Property Acquisition Policies
Act" if necessary to assure the provision of decent, safe, and sanitary housing,
or to secure a suitable alternate location. Payments issued under this Section
shall be made from the Low-level Radioactive Waste Facility Development and
Operation Fund established by the Illinois Low-Level Radioactive Waste Management
Act.
Section 230.2. Federal funds or lands--Receipt, deposit and disbursement
2. The Director of Nuclear Safety may accept, receive, and receipt for
moneys or lands, buildings and grounds for and in behalf of the State, given by
the Federal government under any federal law to the State of by any other public
or private agency, for the acquisition or operation of a site or sites for the
concentration and storage of radioactive wastes. Such funds received by the
Director pursuant to this section shall be deposited with the State Treasurer and
held and disbursed by him in accordance with "An Act in relation to the receipt,
custody, and disbursement of money allotted by the United States of America or
any agency thereof for use in this State", approved July 3, 1939, as amended.
Provided that such moneys or lands, buildings and grounds shall be used only for
the purposes for which they are contributed.
Section 230.3. Leasing of lands, buildings and sites
3. The Director of Nuclear Safety may lease such lands, buildings and
grounds as it may acquire under the provisions of this Act to a private firm or
firms for the purpose of operating a site or sites for the concentration and
storage of radioactive wastes or for such other purpose not contrary to the
public interests.
Section 230.4. Operation of sites--Supervision
4. The operation of any and all sites acquired for the concentration and
storage of radioactive wastes shall be under the direct supervision of the
Department of Nuclear Safety and shall be in accordance with regulations
promulgated and enforced by the Department to protect the public health and
safety.
Section 230.5. Contracts
5. The Director of Nuclear Safety is authorized to enter into contracts
as he may deem necessary for carrying out the provisions of this Act. Such
contracts may include the assessment of fees by the Director. The fees required
shall be established at a rate which provides an annual amount equal to the
anticipated reasonable costs necessary to maintain, monitor, and otherwise
supervise and care for lands and facilities as required in the interest of public
health and safety.
Section 230.6. Status of sites
6. It is recognized by the General Assembly that any site used for the
concentration and storage of radioactive waste material will represent a
continuing and perpetual responsibility in the interests of the public health,
safety and general welfare, and that the same must ultimately be reposed in a
sovereign government without regard for the existence or nonexistence of any
particular agency, instrumentality, department, division or officer thereof. In
all instances lands, buildings and grounds which are to be designated as sites
for the concentration and storage of radioactive waste materials shall be
acquired in fee simple absolute and dedicated in perpetuity to such purpose. All
rights, title and interest in, of and to any radioactive waste materials
acceptecd by the Department of Nuclear Safety for permanent storage at such
facilities, shall upon acceptance become the property of the State and shall be
in all respects administered, controlled, and disposed of, including transfer by
sale, lease, loan or otherwise, by the Department of Nuclear Safety in the name
of the State. All fees received pursuant to contracts entered into by the
Director shall be deposited in the State Treasury and shall be set apart in a
special fund to be known as the "Radioactive Waste Site Perpetual Care Fund".
Monies deposited in the fund shall be expended by the Director to monitor and
maintain the site as required to protect the public health and safety on a
continuing and perpetual basis. All payments received by the Department of
Nuclear Safety pursuant to the settlement agreement entered May 25, 1988, in the matter of the People of the State of Illinois, et al. v. Teledyne, Inc., et al.
(No. 78 MR 25, Circuit Court, Bureau County, Illinois) shall be held by the State
Treasurer separate and apart from all public moneys or funds of the State, and
shall be used only as provided in such settlement agreement.