Bill Text: IL HB2301 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Amends the Central Midwest Radioactive Waste Compact Act, the Radioactive Waste Compact Enforcement Act, the Illinois Low-Level Radioactive Waste Management Act, and the Radioactive Waste Tracking and Permitting Act. Modifies the definition of "low-level radioactive waste" or "waste" to expand the referenced definition of byproduct material. Makes other changes making the definitions consistent. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0306 [HB2301 Detail]

Download: Illinois-2023-HB2301-Chaptered.html

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Public Act 103-0306
HB2301 Enrolled LRB103 25735 AWJ 52084 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Central Midwest Radioactive Waste Compact
Act is amended by changing Section 1 as follows:
(45 ILCS 140/1) (from Ch. 127, par. 63v-1)
Sec. 1. The State of Illinois ratifies and approves the
following compact:
ARTICLE I. POLICY AND PURPOSE
There is created the Central Midwest Interstate Low-Level
Radioactive Waste Compact.
The states party to this compact recognize that the
Congress of the United States, by enacting the Low-Level
Radioactive Waste Policy Act (42 U.S.C. 2021), has provided
for and encouraged the development of low-level radioactive
waste compacts as a tool for managing such waste. The party
states also recognize that the management of low-level
radioactive waste is handled most efficiently on a regional
basis; and, that the safe and efficient management of
low-level radioactive waste generated within the region
requires that sufficient capacity to manage such waste be
properly provided.

a) It is the policy of the party states to enter into a
regional low-level radioactive waste management compact for
the purpose of:
1) providing the instrument and framework for a
cooperative effort;
2) providing sufficient facilities for the proper
management of low-level radioactive waste generated in the
region;
3) protecting the health and safety of the citizens of the
region;
4) limiting the number of facilities required to manage
low-level radioactive waste generated in the region
effectively and efficiently;
5) promoting the volume and source reduction of low-level
radioactive waste generated in the region;
6) distributing the costs, benefits and obligations of
successful low-level radioactive waste management equitably
among the party states and among generators and other persons
who use regional facilities to manage their waste;
7) ensuring the ecological and economical management of
low-level radioactive waste, including the prohibition of
shallow-land burial of waste; and
8) promoting the use of above-ground facilities and other
disposal technologies providing greater and safer confinement
of low-level radioactive waste than shallow-land burial
facilities.

b) Implicit in the Congressional consent to this compact
is the expectation by the Congress and the party states that
the appropriate federal agencies will actively assist the
Compact Commission and the individual party states to this
compact by:
1) expeditious enforcement of federal rules, regulations
and laws;
2) imposition of sanctions against those found to be in
violation of federal rules, regulations and laws; and
3) timely inspection of their licensees to determine their
compliance with these rules, regulations and laws.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly
requires a different construction:
a) "Commission" means the Central Midwest Interstate
Low-Level Radioactive Waste Commission.
b) "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.
c) "Disposal" means the isolation of waste from the
biosphere in a permanent facility designed for that purpose.
d) "Eligible state" means either the State of Illinois or
the Commonwealth of Kentucky.
e) "Extended care" means the continued observation of a

facility after closure for the purpose of detecting a need for
maintenance, ensuring environmental safety, and determining
compliance with applicable licensure and regulatory
requirements and includes undertaking any action or clean-up
necessary to protect public health and the environment from
radioactive releases from a regional facility.
f) "Facility" means a parcel of land or site, together
with the 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.
g) "Generator" means a 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, or other industrial or commercial
activity and who, to the extent required by law, is licensed by
the U.S. Nuclear Regulatory Commission or a party state, to
produce or possess such waste.
h) "Host state" means any party state that is designated
by the Commission to host a regional facility.
i) "Institutional control" means those activities carried
out by the host state to physically control access to the
disposal site following transfer of control of the disposal
site from the disposal site operator to the state or federal
government. These activities must include, but need not be
limited to, environmental monitoring, periodic surveillance,

minor custodial care, and other necessary activities at the
site as determined by the host state, and administration of
funds to cover the costs for these activities. The period of
institutional control will be determined by the host state,
but institutional control may not be relied upon for more than
100 years following transfer of control of the disposal site
to the state or federal government.
j) "Long-term liability" means the financial obligation to
compensate any person for medical and other expenses incurred
from damages to human health, personal injuries suffered from
damages to human health and damages or losses to real or
personal property, and to provide for the costs for
accomplishing any necessary corrective action or clean-up on
real or personal property caused by radioactive releases from
a regional facility.
k) "Low-level radioactive waste" or "waste" means
radioactive waste not classified as (1) high-level radioactive
waste, (2) transuranic waste, (3) spent nuclear fuel, or (4)
byproduct by-product material as defined in Sections Section
11e(2), 11e(3), and 11e(4) of the Atomic Energy Act of 1954 (42
U.S.C. 2014). This definition shall apply notwithstanding any
declaration by the federal government, a state, or any
regulatory agency that any radioactive material is exempt from
any regulatory control.
l) "Management plan" means the plan adopted by the
Commission for the storage, transportation, treatment and

disposal of waste within the region.
m) "Manifest" means a shipping document identifying the
generator of waste, the volume of waste, the quantity of
radionuclides in the shipment, and such other information as
may be required by the appropriate regulatory agency.
n) "Party state" means any eligible state which enacts the
compact into law and pays the membership fee.
o) "Person" means any 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.
p) "Region" means the geographical area of the party
states.
q) "Regional facility" means any facility as defined in
Article II (f) that is (1) located within the region, and (2)
established by a party state pursuant to designation of that
state as a host state by the Commission.
r) "Shallow-land burial" means a land disposal facility in
which radioactive waste is disposed of in or within the upper
30 meters of the earth's surface; however, this definition
shall not include an enclosed, engineered, strongly
structurally enforced and solidified bunker that extends below
the earth's surface.
s) "Site" means the geographic location of a facility.
t) "Source reduction" means those administrative practices

that reduce the radionuclide levels in low-level radioactive
waste or that prevent the generation of additional low-level
radioactive waste.
u) "State" means a state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands or any other territorial possession of the
United States.
v) "Storage" means the temporary holding of waste for
treatment or disposal.
w) "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 or management, amenable to recovery, convertible to
another usable material or reduced in volume.
x) "Volume reduction" means those methods including, but
not limited to, biological, chemical, mechanical and thermal
methods used to reduce the amount of space that waste
materials occupy and to put them into a form suitable for
storage or disposal.
y) "Waste management" means the source and volume
reduction, storage, transportation, treatment or disposal of
waste.
ARTICLE III. THE COMMISSION
a) There is created the Central Midwest Interstate

Low-Level Radioactive Waste Commission. Upon the eligible
states becoming party states, the Commission shall consist of
two voting Commissioners from each state eligible to be
designated a host state under Article VI(b), one voting
Commissioner from any other party state, and for each regional
facility, one non-voting Commissioner who is an elected
official of local government and a resident of the county
where that regional facility is located. The Governor of each
party state shall notify the Commission in writing of its
Commissioners and any alternates.
b) Each voting Commissioner is entitled to one vote. No
action of the Commission is binding unless a majority of the
voting membership casts its vote in the affirmative. In
addition, no agreement by the Commission under Article
III(i)(1), Article III(i)(2), or Article III(i)(3) is valid
unless all voting Commissioners from the party state in which
the facility where the waste would be sent is located cast
their votes in the affirmative.
c) The Commission shall elect annually from among its
members a chairperson. The Commission shall adopt and publish,
in convenient form, by-laws and policies that are not
inconsistent with this compact, including procedures that
conform with the provisions of the Federal Administrative
Procedure Act (5 U.S.C. ss. 500 to 559) to the greatest extent
practicable in regard to notice, conduct and recording of
meetings; access by the public to records; provision of

information to the public; conduct of adjudicatory hearings;
and issuance of decisions.
d) The Commission shall meet at least once annually and
shall also meet upon the call of any voting Commissioner.
e) All meetings of the Commission and its designated
committees shall be open to the public with reasonable advance
notice. The Commission may, by majority vote, close a meeting
to the public for the purpose of considering sensitive
personnel or legal strategy matters. However, all Commission
actions and decisions shall be made in open meetings and
appropriately recorded. A roll call may be required upon
request of any voting Commissioner.
f) The Commission may establish advisory committees for
the purpose of advising the Commission on any matters
pertaining to waste management, waste generation and source
and volume reduction.
g) The Office of the Commission shall be in Illinois. The
Commission may appoint or contract for and compensate such
staff necessary to carry out its duties and functions. The
staff shall serve at the Commission's pleasure with the
exception that staff hired as the result of securing federal
funds shall be hired and governed under applicable federal
statutes and regulations. In selecting any staff, the
Commission shall assure that the staff has adequate experience
and formal training to carry out the functions assigned to it
by the Commission.

h) All files, records and data of the Commission shall be
open to reasonable public inspection and may be copied upon
payment of reasonable fees to be established where appropriate
by the Commission, except for information privileged against
introduction in judicial proceedings. Such fees may be waived
or shall be reduced substantially for not-for-profit
organizations.
i) The Commission may:
1) Enter into an agreement with any person to allow waste
from outside the region to be disposed of at facilities in the
region. However, no such agreement shall be effective unless
and until ratified by a law enacted by the party state to which
the waste would be sent for disposal.
2) Enter into an agreement with any person to allow waste
described in Article VII(a)(6) to be treated, stored, or
disposed of at regional facilities. However, no such agreement
shall be effective unless and until ratified by a law enacted
by the host state of the regional facility where the waste
would be sent for treatment, storage, or disposal.
3) Enter into an agreement with any person to allow waste
from outside the region to be treated or stored at facilities
in the region. However, any such agreement shall be revoked as
a matter of law if, within one year of the effective date of
the agreement, a law is enacted ordering the revocation by the
party state where the waste would be sent for treatment or
storage.

4) Approve, or enter into an agreement with any person
for, the export of waste from the region.
5) Approve the disposal of waste generated within the
region at a facility in the region other than a regional
facility, subject to the limitations of Articles V(f) and
VII(a)(6).
6) Require that waste generated within the region be
treated or stored at available regional facilities, subject to
the limitations of Articles V(f), VII(a)(3) and VII(a)(6).
7) Appear as an intervenor or party in interest before any
court of law or any federal, state or local agency, board or
commission in any matter related to waste management. In order
to represent its views, the Commission may arrange for any
expert testimony, reports, evidence or other participation.
8) Review the emergency closure of a regional facility,
determine the appropriateness of that closure, and take
whatever actions are necessary to ensure that the interests of
the region are protected, provided that 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 shall not be designated a host state or be
required to store the region's waste. In determining the 10
percent exclusion, there shall not be included waste recorded
on low-level radioactive waste manifests by a person whose
principal business is providing a service by arranging for the

collection, transportation, treatment, storage or disposal of
such waste.
9) Take any action which is appropriate and necessary to
perform its duties and functions as provided in this compact.
10) Suspend the privileges or revoke the membership of a
party state.
j) The Commission shall:
1) Submit within 10 days of its execution to the governor
and the appropriate officers of the legislative body of the
party state in which any affected facility is located a copy of
any agreement entered into by the Commission under Article
III(i)(1), Article III(i)(2) or Article III(i)(3).
2) Submit an annual report to, and otherwise communicate
with, the governors and the appropriate officers of the
legislative bodies of the party states regarding the
activities of the Commission. The annual report shall include
a description of the status of the activities taken pursuant
to any agreement entered into by the Commission under Article
III(i)(1), Article III(i)(2) or Article III(i)(3) and any
violation of any provision thereof, and a description of the
source, volume, activity, and current status of any waste from
outside the region or waste described under Article VII(a)(6)
that was treated, stored or disposed of in the region in the
previous year.
3) Hear, negotiate, and, as necessary, resolve by final
decision disputes which may arise between the party states

regarding this compact.
4) Adopt and amend, as appropriate, a regional management
plan that plans for the establishment of needed regional
facilities.
5) Adopt an annual budget.
k) Funding of the budget of the Commission shall be
provided as follows:
1) Each state, upon becoming a party state, shall pay
$50,000 to the Commission which shall be used for the
administrative costs of the Commission.
2) Each state hosting a regional facility shall levy
surcharges on each user of the regional facility based upon
its portion of the total volume and characteristics of wastes
managed at that facility. The surcharges collected at all
regional facilities shall:
A) be sufficient to cover the annual budget of the
Commission; and
B) be paid to the Commission, provided, however, that each
host state collecting surcharges may retain a portion of the
collection sufficient to cover its administrative costs of
collection.
l) The Commission shall keep accurate accounts of all
receipts and disbursements. The Commission shall contract with
an independent certified public accountant to annually audit
all receipts and disbursements of Commission funds and to
submit an audit report to the Commission. The audit report

shall be made a part of the annual report of the Commission
required by this Article.
m) The Commission may accept for any of its purposes and
functions and may utilize and dispose of any donations, grants
of money, equipment, supplies, materials and services from any
state or the United States (or any subdivision or agency
thereof), or interstate agency, or from any institution,
person, firm or corporation. The nature, amount and condition,
if any, attendant upon any donation or grant accepted or
received by the Commission together with the identity of the
donor, grantor or lender, shall be detailed in the annual
report of the Commission. The Commission shall establish
guidelines for the acceptance of donations, grants, equipment,
supplies, materials and services and shall review such
guidelines annually.
n) The Commission is not liable for any costs associated
with any of the following:
1) the licensing and construction of any facility;
2) the operation of any facility;
3) the stabilization and closure of any facility;
4) the extended care of any facility;
5) the institutional control, after extended care of any
facility; or
6) the transportation of waste to any facility.
o) The Commission is a legal entity separate and distinct
from the party states and is liable for its actions as a

separate and distinct legal entity. Commissioners are not
personally liable for actions taken by them in their official
capacity.
p) Except as provided under Article III(n), Article
III(o), Article VI(p) and Article VI(q), nothing in this
compact alters liability for any action, omission, course of
conduct or liability resulting from any causal or other
relationships.
q) Any person aggrieved by a final decision of the
Commission which adversely affects the legal rights, duties or
privileges of such person, may petition a court of competent
jurisdiction, within 60 days after the Commission's final
decision, to obtain judicial review of said final decision.
ARTICLE IV. REGIONAL MANAGEMENT PLAN
The Commission shall adopt a regional management plan
designed to ensure the safe and efficient management of waste
generated within the region. In adopting a regional waste
management plan the Commission shall:
a) Adopt procedures for determining, consistent with
considerations of public health and safety, the type and
number of regional facilities which are presently necessary
and which are projected to be necessary to manage waste
generated within the region.
b) Develop and adopt policies promoting source and volume
reduction of waste generated within the region.

c) Develop alternative means for the treatment, storage
and disposal of waste, other than shallow-land burial or
underground injection well.
d) Prepare a draft regional management plan that shall be
made available in a convenient form to the public for comment.
The Commission shall conduct one or more public hearings in
each party state prior to the adoption of the regional
management plan. The regional management plan shall include
the Commission's response to public and party state comment.
ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES
a) Each party state shall act in good faith in the
performance of acts and courses of conduct which are intended
to ensure the provision of facilities for regional
availability and usage in a manner consistent with this
compact.
b) Other than the provisions of Article V(f) and
VII(a)(6), each party state has the right to have all wastes
generated within its borders managed at regional facilities.
This right shall be subject to the provisions of this Compact.
All party states have an equal right of access to any facility
outside the region made available to the region by any
agreement entered into by the Commission pursuant to Article
III(i)(4).
c) Party states or generators may negotiate for the right
of access to a facility outside the region and may export waste

outside the region subject to Commission approval under
Article III(i)(4).
d) To the extent permitted by federal law, each party
state may enforce any applicable federal and state laws,
regulations and rules pertaining to the packaging and
transportation of waste generated within or passing through
its borders. Nothing in this Section shall be construed to
require a party state to enter into any agreement with the U.S.
Nuclear Regulatory Commission.
e) Each party state shall provide to the Commission any
data and information the Commission requires to implement its
responsibilities. Each party state shall establish the
capability to obtain any data and information required by the
Commission.
f) Waste originating from the Maxey Flats nuclear waste
disposal site in Fleming County, Kentucky shall not be shipped
to any facility in Illinois for storage, treatment or
disposal. Disposition of these wastes shall be the sole
responsibility of the Commonwealth of Kentucky and such waste
shall not be subject to the provisions of Article IX(b)(3) and
(4) of this compact.
ARTICLE VI. DEVELOPMENT AND OPERATION OF FACILITIES
a) Any party state may volunteer to become a host state,
and the Commission may designate that state as a host state.
b) If all regional facilities required by the regional

management plan are not developed pursuant to Article VI(a),
or upon notification that an existing regional facility will
be closed, the Commission may designate a party state as a host
state. A party state shall not be designated as a host state
for any regional facility under this Article VI(b) unless that
state's total volume of waste recorded on low-level
radioactive waste manifests for any year is more than 10% of
the total volume recorded on those manifests for the region
during the same year. In determining the 10% exclusion, there
shall not be included waste recorded on low-level radioactive
waste manifests by a person whose principal business is
providing a service by arranging for the collection,
transportation, treatment, storage or disposal of such waste,
or waste described in Article VII(a)(6).
c) Each party state designated as a host state is
responsible for determining possible facility locations within
its borders. The selection of a facility site shall not
conflict with applicable federal and host state laws,
regulations and rules not inconsistent with this compact and
shall be based on factors including, but not limited to,
geological, environmental, engineering and economic viability
of possible facility locations.
d) Any party state designated as a host state may request
the Commission to relieve that state of the responsibility to
serve as a host state. The Commission may relieve a party state
of this responsibility upon a showing by the requesting party

state that no feasible potential regional facility site of the
type it is designated to host exists within its borders or for
other good cause shown and consistent with the purposes of the
Compact.
e) After a state is designated a host state by the
Commission, it is responsible for the timely development and
operation of a regional facility.
f) To the extent permitted by federal and state law, a host
state shall regulate and license any facility within its
borders and ensure the extended care of that facility.
g) The Commission may designate a party state as a host
state while a regional facility is in operation if the
Commission determines that an additional regional facility is
or may be required to meet the needs of the region.
h) Designation of a host state is for a period of 20 years
or the life of the regional facility which is established
under that designation, whichever is shorter. Upon request of
a host state, the Commission may modify the period of its
designation.
i) A host state may establish a fee system for any regional
facility within its borders. The fee system shall be
reasonable and equitable. This fee system shall provide the
host state with sufficient revenue to cover any costs
including, but not limited to, the planning, siting,
licensure, operation, pre-closure corrective action or
clean-up, monitoring, inspection, decommissioning, extended

care and long-term liability, associated with such facilities.
This fee system may provide for payment to units of local
government affected by a regional facility for costs incurred
in connection with such facility. This fee system may also
include reasonable revenue beyond the costs incurred for the
host state, subject to approval by the Commission. The fee
system shall include incentives for source or volume reduction
and may be based on the hazard of the waste. A host state shall
submit an annual financial audit of the operation of the
regional facility to the Commission.
j) A host state shall ensure that a regional facility
located within its borders which is permanently closed is
properly decommissioned. A host state shall also provide for
the extended care of a closed or decommissioned regional
facility within its borders so that the public health and
safety of the state and region are ensured, unless, pursuant
to the federal Nuclear Waste Policy Act of 1982, the federal
government has assumed title and custody of the regional
facility and the federal government thereby has assumed
responsibility to provide for the extended care of such
facility.
k) A host state intending to close a regional facility
located within its borders shall notify the Commission in
writing of its intention and the reasons. Notification shall
be given to the Commission at least five years prior to the
intended date of closure. This Section shall not prevent an

emergency closing of a regional facility by a host state to
protect its air, land and water resources and the health and
safety of its citizens. However, a host state which has an
emergency closing of a regional facility shall notify the
Commission in writing within 3 working days of its action and
shall, within 30 working days of its action, demonstrate
justification for the closing.
l) If a regional facility closes before an additional or
new facility becomes operational, waste generated within the
region may be shipped temporarily to any location agreed on by
the Commission until a regional facility is operational,
provided that the region's waste shall not be stored in a party
state with a total volume of waste recorded on low-level
radioactive waste manifests for any year which is less than
10% of the total volume recorded on the manifests for the
region during the same year. In determining the 10% exclusion,
there shall not be included waste recorded on low-level
radioactive waste manifests by a person whose principal
business is providing a service by arranging for the
collection, transportation, treatment, storage or disposal of
such waste, or waste described in Article VII(a)(6).
m) A party state which is designated as a host state by the
Commission and fails to fulfill its obligations as a host
state may have its privileges under the compact suspended or
membership in the compact revoked by the Commission.
n) The host state shall create an "Extended Care and

Long-Term Liability Fund" and shall allocate sufficient fee
revenues, received pursuant to Article VI(i), to provide for
the costs of:
1) decommissioning and other procedures required for the
proper closure of a regional facility;
2) monitoring, inspection and other procedures required
for the proper extended care of a regional facility;
3) undertaking any corrective action or clean-up necessary
to protect human health and the environment from radioactive
releases from a regional facility;
4) compensating any person for medical and other expenses
incurred from damages to human health, personal injuries
suffered from damages to human health and damages or losses to
real or personal property, and accomplishing any necessary
corrective action or clean-up on real or personal property
caused by radioactive releases from a regional facility; the
host state may allocate monies in this Fund in amounts as it
deems appropriate to purchase insurance or to make other
similar financial protection arrangements consistent with the
purposes of this Fund; this Article VI(n) shall in no manner
limit the financial responsibilities of the site operator
under Article VI(o), the party states under Article VI(p), or
any person who sends waste to a regional facility, under
Article VI(q).
o) The operator of a regional facility shall purchase an
amount of property and third-party liability insurance deemed

appropriate by the host state, pay the necessary periodic
premiums at all times and make periodic payments to the
Extended Care and Long-Term Liability Fund as set forth in
Article VI(n) for such amounts as the host state reasonably
determines is necessary to provide for future premiums to
continue such insurance coverage, in order to pay the costs of
compensating any person for medical and other expenses
incurred from damages to human health, personal injuries
suffered from damages to human health and damages or losses to
real or personal property, and accomplishing any necessary
corrective action or clean-up on real or personal property
caused by radioactive releases from a regional facility. In
the event of such costs resulting from radioactive releases
from a regional facility, the host state should, to the
maximum extent possible, seek to obtain monies from such
insurance prior to using monies from the Extended Care and
Long-Term Liability Fund.
p) All party states shall be liable for the cost of
extended care and long-term liability in excess of monies
available from the Extended Care and Long-Term Liability Fund,
as set forth in Article VI(n) and from the property and
third-party liability insurance as set forth in Article VI(o).
A party state may meet such liability for costs by levying
surcharges upon generators located in the party state. The
extent of such liability shall be based on the proportionate
share of the total volume of waste placed in the regional

facility by generators located in each such party state. Such
liability shall be joint and several among the party states
with a right of contribution between the party states.
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% of the total
volume recorded on such manifests for the region during the
same year.
q) Any person who sends waste from outside the region or
waste described in Article VII(a)(6) for treatment, storage or
disposal at a regional facility shall be liable for the cost of
extended care and long-term liability of that regional
facility in excess of the monies available from the Extended
Care and Long-Term Liability Fund as set forth in Article
VI(n) and from the property and third-party liability
insurance as set forth in Article VI(o). The extent of the
liability for the person shall be based on the proportionate
share of the total volume of waste sent by that person to the
regional facility.
ARTICLE VII. OTHER LAWS AND REGULATIONS
a) Nothing in this compact:
1) abrogates or limits the applicability of any act of
Congress or diminishes or otherwise impairs the jurisdiction
of any federal agency expressly conferred thereon by the
Congress;

2) prevents the enforcement of any other law of a party
state which is not inconsistent with this compact;
3) prohibits any storage or treatment of waste by the
generator on its own premises;
4) affects any administrative or judicial proceeding
pending on the effective date of this compact;
5) alters the relations between the respective internal
responsibility of the government of a party state and its
subdivisions;
6) establishes any right to the treatment, storage or
disposal at any facility in the region or provides any
authority to prohibit export from the region of waste that is
owned or generated by the United States Department of Energy,
owned or generated by the United States Navy as a result of the
decommissioning of vessels of the United States Navy, or owned
or generated as the result of any research, development,
testing or production of any atomic weapon; or
7) affects the rights and powers of any party state or its
political subdivisions, to the extent not inconsistent with
this compact, to regulate and license any facility or the
transportation of waste within its borders or affects the
rights and powers of any state or its political subdivisions
to tax or impose fees on the waste managed at any facility
within its borders;
8) requires a party state to enter into any agreement with
the U.S. Nuclear Regulatory Commission; or

9) alters or limits liability of transporters of waste and
owners and operators of sites for their acts, omissions,
conduct or relationships in accordance with applicable laws.
b) For purposes of this compact, all state laws or parts of
laws in conflict with this compact are hereby superseded to
the extent of the conflict.
c) No law, rule, regulation, fee or surcharge of a party
state, or of any of its subdivisions or instrumentalities, may
be applied in a manner which discriminates against the
generators of another party state.
d) No person who provides a service by arranging for
collection, transportation, treatment, storage or disposal of
waste from outside the region shall be allowed to dispose of
any waste, regardless of origin, in the region unless
specifically permitted under an agreement entered into by the
Commission in accordance with the requirements of Article
III(i)(1).
ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION,
ENTRY INTO FORCE, TERMINATION
a) Eligible parties to this compact are the State of
Illinois and Commonwealth of Kentucky. Eligibility terminates
on April 15, 1985.
b) An eligible state becomes a party state when the state
enacts the compact into law and pays the membership fee
required in Article III(k)(1).

c) The Commission is formed upon the appointment of the
Commissioners and the tender of the membership fee payable to
the Commission by the eligible states. The Governor of
Illinois shall convene the initial meeting of the Commission.
The Commission shall cause legislation to be introduced in the
Congress which grants the consent of the Congress to this
compact, and shall take action necessary to organize the
Commission and implement the provisions of this compact.
d) Other than the special circumstances for withdrawal in
Section (f) of this Article, either party state may withdraw
from this compact at any time by repealing the authorizing
legislation, but no withdrawal may take effect until 5 years
after the Governor of the withdrawing state gives notice in
writing of the withdrawal to the Commission and to the
Governor of the other state. Withdrawal does not affect any
liability already incurred by or chargeable to a party state
prior to the time of such withdrawal. Any host state which
grants a disposal permit for waste generated in a withdrawing
state shall void the permit when the withdrawal of that state
is effective.
e) This compact becomes effective July 1, 1984, or at any
date subsequent to July 1, 1984, upon enactment by the
eligible states. However, Article IX(b) shall not take effect
until the Congress has by law consented to this compact. The
Congress shall have an opportunity to withdraw such consent
every 5 years. Failure of the Congress affirmatively to

withdraw its consent has the effect of renewing consent for an
additional 5 year period. The consent given to this compact by
the Congress shall extend to the power of the region to ban the
shipment of waste into the region pursuant to Article
III(i)(1) and to prohibit exportation of waste generated
within the region under Article III(i)(4).
f) A state which has been designated a host state may
withdraw from the compact. The option to withdraw must be
exercised within 90 days of the date the Governor of the
designated state receives written notice of the designation.
Withdrawal becomes effective immediately after notice is given
in the following manner. The Governor of the withdrawing state
shall give notice in writing to the Commission and to the
Governor of each party state. A state which withdraws from the
compact under this Section forfeits any funds already paid
pursuant to this compact. A designated host state which
withdraws from the compact after 90 days and prior to
fulfilling its obligations shall be assessed a sum the
Commission determines to be necessary to cover the costs borne
by the Commission and remaining party states as a result of
that withdrawal.
ARTICLE IX. PENALTIES
a) Each party state shall prescribe and enforce penalties
against any person who is not an official of another state for
violation of any provision of this compact.

b) Unless authorized by the Commission pursuant to Article
III(i), or otherwise provided in this compact, after January
1, 1986 it is a violation of this compact:
1) for any person to deposit at a facility in the region
waste from outside the region;
2) for any facility in the region to accept waste from
outside the region;
3) for any person to export from the region waste that is
generated within the region;
4) for any person to dispose of waste at a facility other
than a regional facility;
5) for any person to deposit at a regional facility waste
described in Article VII(a)(6); or
6) for any regional facility to accept waste described in
Article VII(a)(6).
c) It is a violation of this compact for any person to
treat or store waste at a facility other than a regional
facility if such treatment or storage is prohibited by the
Commission under Article III(i)(6).
d) Each party state acknowledges that the receipt by a
host state of waste packaged or transported in violation of
applicable laws, rules or regulations may result in the
imposition of sanctions by the host state which may include
suspension or revocation of the violator's right of access to
the facility in the host state.
e) Each party state has the right to seek legal recourse

against any party state which acts in violation of this
compact.
ARTICLE X. SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable and if
any phrase, clause, sentence or provision of this compact is
declared by a court of competent jurisdiction to be contrary
to the Constitution of any participating state or the United
States, or if the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof
to any government, agency, person or circumstance shall not be
affected thereby. If any provision of this compact shall be
held contrary to the Constitution of any state participating
therein, the compact shall remain in full force and effect as
to the state affected as to all severable matters.
(Source: P.A. 90-655, eff. 7-30-98.)
Section 10. The Radioactive Waste Compact Enforcement Act
is amended by changing Section 15 as follows:
(45 ILCS 141/15)
Sec. 15. Definitions. In this Act:
"Commission" means the Central Midwest Interstate
Low-Level Radioactive Waste Commission.
"Compact" means the Central Midwest Interstate Low-Level

Radioactive Waste Compact.
"Disposal" means the isolation of waste from the biosphere
in a permanent facility designed for that purpose.
"Facility" means a parcel of land or site, together with
the structures, equipment, and improvements on or appurtenant
to the land or site, that is used or is being developed for the
treatment, storage or disposal of low-level radioactive waste.
"Low-level radioactive waste" or "waste" means radioactive
waste not classified as (1) high-level radioactive waste, (2)
transuranic waste, (3) spent nuclear fuel, or (4) byproduct
by-product material as defined in Sections Section 11e(2),
11e(3), and 11e(4) of the Atomic Energy Act (42 U.S.C. 2014).
This definition shall apply notwithstanding any declaration by
the federal government, a or any state, or any regulatory
agency that any radioactive material is exempt from any
regulatory control.
"Management plan" means the plan adopted by the Commission
for the storage, transportation, treatment and disposal of
waste within the region.
"Person" means any individual, corporation, business
enterprise or other legal entity, public or private, and any
legal successor, representative, agent or agency of that
individual, corporation, business enterprise, or legal entity.
"Region" means the geographical area of the State of
Illinois and the Commonwealth of Kentucky.
"Regional Facility" means any facility as defined in this

Act that is (1) located in Illinois, and (2) established by
Illinois pursuant to designation of Illinois as a host state
by the Commission.
"Storage" means the temporary holding of radioactive
material for treatment or disposal.
"Treatment" means any method, technique or process,
including storage for radioactive decay, designed to change
the physical, chemical, or biological characteristics of the
radioactive material in order to render the radioactive
material safe for transport or management, amenable to
recovery, convertible to another usable material, or reduced
in volume.
(Source: P.A. 87-1166.)
Section 15. The Illinois Low-Level Radioactive Waste
Management Act is amended by changing Section 3 as follows:
(420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
Sec. 3. Definitions.
"Agency" means the Illinois Emergency Management Agency.
"Broker" means any person who takes possession of
low-level waste for purposes of consolidation and shipment.
"Compact" means the Central Midwest Interstate Low-Level
Radioactive Waste Compact.
"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.
"Director" means the Director of the Illinois Emergency
Management Agency.
"Disposal" means the isolation of waste from the biosphere
in a permanent facility designed for that purpose.
"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.
"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.
"Hazardous waste" means a waste, or combination of wastes,
which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause or
significantly contribute to an increase in mortality or an
increase in serious, irreversible, or incapacitating
reversible, illness; or pose a substantial present or
potential hazard to human health or the environment when
improperly treated, stored, transported, or disposed of, or
otherwise managed, and which has been identified, by

characteristics or listing, as hazardous under Section 3001 of
the Resource Conservation and Recovery Act of 1976, P.L.
94-580 or under regulations of the Pollution Control Board.
"High-level radioactive waste" means:
(1) the highly radioactive material resulting from the
reprocessing of spent nuclear fuel including liquid waste
produced directly in reprocessing and any solid material
derived from the liquid waste that contains fission
products in sufficient concentrations; and
(2) the highly radioactive material that the Nuclear
Regulatory Commission has determined, on the effective
date of this Amendatory Act of 1988, to be high-level
radioactive waste requiring permanent isolation.
"Low-level radioactive waste" or "waste" means radioactive
waste not classified as (1) high-level radioactive waste, (2)
transuranic waste, (3) spent nuclear fuel, or (4) byproduct
material as defined in Sections Section 11e(2), 11e(3), and
11e(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2014). This
definition shall apply notwithstanding any declaration by the
federal government, a state, or any regulatory agency that any
radioactive material is exempt from any regulatory control.
"Mixed waste" means waste that is both "hazardous waste"
and "low-level radioactive waste" as defined in this Act.
"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.
"Post-closure care" means the continued monitoring of the
regional disposal facility after closure for the purposes of
detecting a need for maintenance, ensuring environmental
safety, and determining compliance with applicable licensure
and regulatory requirements, and includes undertaking any
remedial actions necessary to protect public health and the
environment from radioactive releases from the facility.
"Regional disposal facility" or "disposal facility" means
the facility established by the State of Illinois under this
Act for disposal away from the point of generation of waste
generated in the region of the Compact.
"Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping,
leaching, dumping or disposing into the environment of
low-level radioactive waste.
"Remedial action" means those actions taken in the event
of a release or threatened release of low-level radioactive
waste into the environment, to prevent or minimize the release
of the waste so that it does not migrate to cause substantial
danger to present or future public health or welfare or the
environment. The term includes, but is not limited to, actions
at the location of the release such as storage, confinement,
perimeter protection using dikes, trenches or ditches, clay
cover, neutralization, cleanup of released low-level
radioactive wastes, recycling or reuse, dredging or

excavations, repair or replacement of leaking containers,
collection of leachate and runoff, onsite treatment or
incineration, provision of alternative water supplies and any
monitoring reasonably required to assure that these actions
protect human health and the environment.
"Scientific Surveys" means, collectively, the Illinois
State Geological Survey and the Illinois State Water Survey of
the University of Illinois.
"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.
"Storage" means the temporary holding of waste for
treatment or disposal for a period determined by Agency
regulations.
"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.
"Waste management" means the storage, transportation,
treatment or disposal of waste.
(Source: P.A. 98-346, eff. 8-14-13.)

Section 20. The Radioactive Waste Tracking and Permitting
Act is amended by changing Section 10 as follows:
(420 ILCS 37/10)
Sec. 10. Definitions.
(a) "Agency" means the Illinois Emergency Management
Agency.
(b) "Director" means the Director of the Illinois
Emergency Management Agency.
(c) "Disposal" means the isolation of waste from the
biosphere in a permanent facility designed for that purpose.
(d) "Facility" means a parcel of land or a site, together
with structures, equipment, and improvements on or appurtenant
to the land or site, that is used or is being developed for the
treatment, storage, or disposal of low-level radioactive
waste.
(e) "Low-level radioactive waste" or "waste" means
radioactive waste not classified as (1) high-level radioactive
waste, (2) transuranic waste, (3) spent nuclear fuel, or (4)
byproduct by-product material as defined in Sections Section
11e(2), 11e(3), and 11e(4) of the Atomic Energy Act (42 U.S.C.
2014). This definition shall apply notwithstanding any
declaration by the federal government, or a state, or any
regulatory agency that any radioactive material is exempt from
any regulatory control.

(f) "Person" means an individual, corporation, business
enterprise, or other legal entity, public or private, or any
legal successor, representative, agent, or agency of that
individual, corporation, business enterprise, or legal entity.
(g) "Regional facility" or "disposal facility" means a
facility that is located in Illinois and established by
Illinois, under designation of Illinois as a host state by the
Commission for disposal of waste.
(h) "Storage" means the temporary holding of waste for
treatment or disposal for a period determined by Agency
regulations.
(i) "Treatment" means any method, technique, or process,
including storage for radioactive decay, that is 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.
(Source: P.A. 95-777, eff. 8-4-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.