Bill Text: IL SB1488 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Low-Level Radioactive Waste Management Act. Abolishes the Low-Level Radioactive Waste Task Group and makes corresponding changes including removing provisions concerning the adoption of criteria for selection of a site for a regional disposal facility.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-09 - Session Sine Die [SB1488 Detail]
Download: Illinois-2017-SB1488-Introduced.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Low-Level Radioactive Waste | ||||||||||||||||||||||||||||||
5 | Management Act is amended by changing Sections 10.2, 10.3, | ||||||||||||||||||||||||||||||
6 | 12.1, and 14 as follows:
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7 | (420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
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8 | Sec. 10.2. Selection Creation of Low-Level Radioactive | ||||||||||||||||||||||||||||||
9 | Waste Task Group;
adoption of
criteria; selection of site for | ||||||||||||||||||||||||||||||
10 | characterization. | ||||||||||||||||||||||||||||||
11 | (a) (Blank). There is hereby created the Low-Level | ||||||||||||||||||||||||||||||
12 | Radioactive Waste Task Group
consisting of the Directors of the | ||||||||||||||||||||||||||||||
13 | Environmental Protection Agency, the
Department of Natural | ||||||||||||||||||||||||||||||
14 | Resources, and the Illinois Emergency Management Agency (or | ||||||||||||||||||||||||||||||
15 | their designees) and 6 additional members designated
by the | ||||||||||||||||||||||||||||||
16 | Governor. The 6 additional members shall:
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17 | (1) be confirmed by the Senate; and
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18 | (2) receive compensation of $300 per day for their | ||||||||||||||||||||||||||||||
19 | services on
the Task Group unless they are officers or | ||||||||||||||||||||||||||||||
20 | employees of the State, in which
case they shall receive no | ||||||||||||||||||||||||||||||
21 | additional compensation.
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22 | Four of the additional members shall have expertise in the | ||||||||||||||||||||||||||||||
23 | field of geology,
hydrogeology, or hydrology. Of the 2 |
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1 | remaining additional members, one shall be
a member of the | ||||||
2 | public with experience in environmental matters and one shall
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3 | have at least 5 years experience in local government. The | ||||||
4 | Directors of the
Environmental Protection Agency, the | ||||||
5 | Department of Natural
Resources, and the Illinois Emergency | ||||||
6 | Management Agency (or their designees) shall
receive no | ||||||
7 | additional compensation for their service on the Task Group.
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8 | All members of the Task Group shall be compensated for their | ||||||
9 | expenses. The
Governor shall designate the chairman of the Task | ||||||
10 | Group. Upon adoption of
the criteria under subsection (b) of | ||||||
11 | this Section, the Directors of the Illinois Emergency | ||||||
12 | Management Agency
and the Environmental Protection Agency | ||||||
13 | shall
be replaced on the Task Group by members designated by | ||||||
14 | the
Governor and confirmed by the Senate. The members | ||||||
15 | designated
to replace the Directors of the Illinois Emergency | ||||||
16 | Management Agency
and the Environmental Protection Agency | ||||||
17 | shall have such
expertise as the Governor may determine. The | ||||||
18 | members of the Task Group
shall be members until they resign, | ||||||
19 | are replaced by the Governor, or the
Task Group is abolished. | ||||||
20 | Except as provided in this Act, the Task Group
shall be subject | ||||||
21 | to the Open Meetings Act and the Illinois Administrative
| ||||||
22 | Procedure Act. Any action required to be taken by the Task | ||||||
23 | Group under this
Act shall be taken by a majority vote of its | ||||||
24 | members.
An identical vote by 5 members of the Task Group shall | ||||||
25 | constitute a majority
vote.
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26 | (b) (Blank). To protect the public health, safety and |
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1 | welfare, the Task Group shall
develop proposed criteria for | ||||||
2 | selection of a site for a regional disposal
facility.
Principal | ||||||
3 | criteria shall relate to the geographic, geologic, | ||||||
4 | seismologic,
tectonic, hydrologic, and other scientific | ||||||
5 | conditions best suited for a
regional disposal facility. | ||||||
6 | Supplemental
criteria may
relate to land use (including (i) the | ||||||
7 | location of existing underground mines
and (ii) the exclusion | ||||||
8 | of State parks, State conservation areas, and other
State owned | ||||||
9 | lands identified by the Task Group), economics, | ||||||
10 | transportation,
meteorology, and any other matter identified | ||||||
11 | by the Task Group as relating to
desirable conditions for a | ||||||
12 | regional
disposal facility. All
of the criteria shall be as | ||||||
13 | specific as possible.
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14 | The chairman of the Task Group shall publish a
notice of | ||||||
15 | availability of the proposed criteria in the State newspaper, | ||||||
16 | make
copies of the proposed criteria available without charge | ||||||
17 | to the public, and
hold public hearings to receive comments on | ||||||
18 | the proposed criteria. Written
comments on the proposed | ||||||
19 | criteria may be submitted to the chairman of the Task
Group | ||||||
20 | within a time period to be determined by the Task Group. Upon | ||||||
21 | completion
of the review of timely submitted comments on the | ||||||
22 | proposed criteria, the Task
Group shall adopt criteria for
| ||||||
23 | selection of a site for a regional disposal facility. Adoption | ||||||
24 | of the criteria is not
subject to the Illinois Administrative | ||||||
25 | Procedure Act. The chairman of the Task
Group shall provide | ||||||
26 | copies of the criteria to the Governor, the President and
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1 | Minority Leader of the Senate, the Speaker and Minority Leader | ||||||
2 | of the House,
and all county boards in the State of Illinois | ||||||
3 | and shall make copies of the
criteria available without charge | ||||||
4 | to the public.
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5 | (c) (Blank). Upon adoption of the criteria, the Director of | ||||||
6 | Natural
Resources shall direct the Scientific Surveys to
screen | ||||||
7 | the State of Illinois. By
September 30, 1997, the Scientific | ||||||
8 | Surveys shall (i) complete a Statewide
screening of the State | ||||||
9 | using available information and the Surveys'
geography-based | ||||||
10 | information system to produce individual and composite maps
| ||||||
11 | showing the application of individual criteria; (ii) complete | ||||||
12 | the evaluation
of all land volunteered
before the effective | ||||||
13 | date of this amendatory Act of 1997 to determine whether any of | ||||||
14 | the volunteered land appears
likely to satisfy the criteria; | ||||||
15 | (iii) document the
results of the screening and volunteer site | ||||||
16 | evaluations in a written report
and submit the report to the | ||||||
17 | chairman of the Task Group and to the Director;
and (iv) | ||||||
18 | transmit to the Task Group and to the Agency, in a form | ||||||
19 | specified
by the Task Group and the Agency, all information and | ||||||
20 | documents assembled
by the Scientific Surveys in performing the | ||||||
21 | obligations of the Scientific
Surveys under
this Act. Upon | ||||||
22 | completion of the screening and volunteer site evaluation
| ||||||
23 | process, the Director of the Department of Natural Resources | ||||||
24 | shall be replaced
on the Task Group by a member appointed by | ||||||
25 | the Governor and confirmed by the
Senate. The member appointed | ||||||
26 | to replace the Director of the Department of
Natural Resources |
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1 | shall have expertise that the Governor determines to be
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2 | appropriate.
| ||||||
3 | (c-3) (Blank). By December 1, 2000, the Department of | ||||||
4 | Nuclear Safety (now the Illinois Emergency Management Agency),
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5 | in
consultation with the Task Group, waste generators, and any | ||||||
6 | interested
counties and
municipalities and after
holding 3 | ||||||
7 | public hearings throughout the State,
shall prepare a report | ||||||
8 | regarding, at a minimum, the impact and
ramifications, if any, | ||||||
9 | of the following factors and circumstances on the
siting, | ||||||
10 | design, licensure, development, construction, operation, | ||||||
11 | closure, and
post-closure care of a regional disposal facility:
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12 | (1) the federal, state, and regional programs for the | ||||||
13 | siting,
development,
and operation of disposal facilities | ||||||
14 | for low-level radioactive wastes and the
nature, extent, | ||||||
15 | and likelihood of any legislative or administrative | ||||||
16 | changes to
those programs;
| ||||||
17 | (2) (blank);
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18 | (3) the current and most reliable projections | ||||||
19 | regarding the costs of the
siting, design, development, | ||||||
20 | construction, operation, closure, decommissioning,
and | ||||||
21 | post-closure care of a regional disposal facility;
| ||||||
22 | (4) the current and most reliable estimates of the | ||||||
23 | total volume of
low-level radioactive waste that will be | ||||||
24 | disposed at a regional disposal
facility in Illinois and | ||||||
25 | the projected annual volume amounts;
| ||||||
26 | (5) the nature and extent of the available, if any, |
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1 | storage and
disposal facilities outside the region of the | ||||||
2 | Compact for storage and disposal
of low-level radioactive | ||||||
3 | waste generated from within the region of the Compact;
and
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4 | (6) the development and implementation of a voluntary | ||||||
5 | site selection
process in which land may be volunteered for | ||||||
6 | the regional disposal facility
jointly by landowners and | ||||||
7 | (i) the municipality in which the land is located,
(ii) | ||||||
8 | every municipality within 1 1/2 miles of the land if the | ||||||
9 | land is
not within a municipality, or (iii) the county or | ||||||
10 | counties in which the land
is located if the land is not | ||||||
11 | within a municipality
and not within 1 1/2 miles of a | ||||||
12 | municipality.
The Director
shall provide copies of the | ||||||
13 | report to the
Governor, the
President and Minority Leader | ||||||
14 | of the Senate, and the Speaker and
Minority
Leader of the | ||||||
15 | House. The Director shall also publish a notice of
| ||||||
16 | availability of the report in the State newspaper and make | ||||||
17 | copies of the report
available without charge to the | ||||||
18 | public.
| ||||||
19 | (c-5) The Following submittal of the report pursuant to | ||||||
20 | subsection (c-3) of
this
Section, the Agency may adopt rules | ||||||
21 | establishing a
site selection process for a the regional | ||||||
22 | disposal facility. In
developing rules, the Agency
shall, at a | ||||||
23 | minimum, consider the following:
| ||||||
24 | (1) A comprehensive and open process under which the | ||||||
25 | land for sites
recommended and proposed by the contractor | ||||||
26 | under subsection (e) of this
Section shall be volunteered |
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| |||||||
1 | lands as provided in this Section. Land may be
volunteered
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2 | for the regional disposal facility jointly by landowners | ||||||
3 | and (i) the
municipality in which the land is located, (ii) | ||||||
4 | every municipality with
1 1/2 miles of the land if the land | ||||||
5 | is not within a municipality, or
(iii) the county or | ||||||
6 | counties in which the land is located if the land is not
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7 | within a municipality and not within 1 1/2 miles of a
| ||||||
8 | municipality.
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9 | (2) Utilization of the State screening and volunteer | ||||||
10 | site evaluation reports
report prepared by the Scientific | ||||||
11 | Surveys under subsection (c) of this
Section for the | ||||||
12 | purpose of determining whether proposed sites appear | ||||||
13 | likely to
satisfy the site selection criteria.
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14 | (3) Coordination of the site selection process with the | ||||||
15 | projected annual
and total volume of low-level radioactive | ||||||
16 | waste to be disposed at the regional
disposal facility as
| ||||||
17 | identified in the report prepared under subsection (c-3) of | ||||||
18 | this Section .
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19 | The site selection process established under this | ||||||
20 | subsection shall require
the contractor selected by the Agency | ||||||
21 | pursuant to Sections 5 and 10 of this
Act to propose one site | ||||||
22 | to the Agency Task Group for approval under subsections (d)
| ||||||
23 | through (i) of this Section .
| ||||||
24 | No proposed site shall be selected as the site for the | ||||||
25 | regional
disposal facility unless it satisfies the site | ||||||
26 | selection criteria established
by the Task Group under |
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1 | subsection (b) of this Section.
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2 | (d) The contractor selected by the Agency under Sections 5 | ||||||
3 | and
10
of this Act shall conduct evaluations,
including | ||||||
4 | possible intrusive field investigations, of the sites and | ||||||
5 | locations
identified under the site selection process | ||||||
6 | established under subsection
(c-5) of this Section.
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7 | (e) Upon completion of the site evaluations,
the
contractor | ||||||
8 | selected by the Agency shall identify one site of at least 640
| ||||||
9 | acres that appears
promising for development of the regional | ||||||
10 | disposal facility in compliance
with the site selection | ||||||
11 | criteria established by the Task Group pursuant to
subsection | ||||||
12 | (b) of this Section . The
contractor may conduct any other | ||||||
13 | evaluation of the site identified under
this subsection that | ||||||
14 | the contractor deems appropriate to determine whether
the site | ||||||
15 | satisfies the criteria adopted under subsection
(b) of this | ||||||
16 | Section . Upon
completion of the evaluations under this | ||||||
17 | subsection, the
contractor shall
prepare and submit to the | ||||||
18 | Agency a report on the evaluation of the
identified site, | ||||||
19 | including a recommendation as to whether the identified site
| ||||||
20 | should be further considered for selection as a site for the
| ||||||
21 | regional disposal facility. A site so recommended for further
| ||||||
22 | consideration is hereinafter referred to as a "proposed site".
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23 | (f) (Blank). A report completed under subsection (e) of | ||||||
24 | this Section that
recommends a proposed site shall also be | ||||||
25 | submitted
to the chairman of the Task Group. Within 45 days | ||||||
26 | following receipt of a
report, the chairman of the Task Group |
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1 | shall
publish in newspapers of general circulation in the | ||||||
2 | county or counties in
which a proposed site is located a notice | ||||||
3 | of the availability of the report and a notice of
a
public | ||||||
4 | meeting. The chairman of the Task Group shall also, within the | ||||||
5 | 45-day
period, provide copies of
the report and the notice to | ||||||
6 | the Governor, the President and Minority Leader of
the Senate, | ||||||
7 | the Speaker and Minority Leader of the House, members of the
| ||||||
8 | General Assembly from the legislative district or districts in | ||||||
9 | which a
proposed site is located,
the county board or boards of | ||||||
10 | the county or counties containing
a proposed site, and each | ||||||
11 | city, village, and
incorporated town within a 5 mile radius of | ||||||
12 | a proposed site. The chairman
of the Task Group shall make | ||||||
13 | copies of
the report available without charge to the public.
| ||||||
14 | (g) The The chairman of the Task Group shall convene at | ||||||
15 | least one
public meeting on each proposed site. At the public | ||||||
16 | meeting
or meetings,
the contractor selected by the Agency | ||||||
17 | shall present the results of the
evaluation of the proposed | ||||||
18 | site.
The Task Group shall receive such other written and oral | ||||||
19 | information about
the proposed site that may be submitted at | ||||||
20 | the meeting.
Following the meeting, the
Task Group shall decide | ||||||
21 | whether the proposed site satisfies the criteria adopted
under | ||||||
22 | subsection (b) of this Section. If the Task Group determines | ||||||
23 | that
the proposed site does not satisfy the criteria, the | ||||||
24 | Agency may require a
contractor to submit a further report | ||||||
25 | pursuant to subsection (e) of this
Section proposing another | ||||||
26 | site from the locations identified under the site
selection |
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1 | process established pursuant to subsection (c-5) of this | ||||||
2 | Section as likely to satisfy the criteria. The Following notice | ||||||
3 | and
distribution of the report as required by subsection (f) of | ||||||
4 | this Section, the
new proposed site shall be the subject
of a | ||||||
5 | public meeting under this subsection. The contractor selected | ||||||
6 | by the Agency
shall
propose
additional sites , and the Task | ||||||
7 | Group shall conduct additional public
meetings, until the | ||||||
8 | Agency Task Group has approved a proposed site recommended by a
| ||||||
9 | contractor as satisfying the
criteria adopted under subsection | ||||||
10 | (b) of this Section . In the event that the Agency
Task Group | ||||||
11 | does not approve any of the proposed sites recommended by the
| ||||||
12 | contractor under this subsection , as satisfying the criteria | ||||||
13 | adopted under
subsection (b) of this Section, the Task Group | ||||||
14 | shall immediately suspend all
work and the Agency shall prepare | ||||||
15 | a study containing, at a minimum, the Agency's
recommendations | ||||||
16 | regarding the viability of the site selection
process | ||||||
17 | established pursuant to this Act , based on the factors and
| ||||||
18 | circumstances
specified in items (1) through (6) of subsection | ||||||
19 | (c-3) of Section 10.2 . The Agency
shall provide copies of the | ||||||
20 | study to the Governor, the President and
Minority Leader of the | ||||||
21 | Senate, and the Speaker and Minority Leader of the
House. The | ||||||
22 | Agency shall also publish a notice of availability of the study
| ||||||
23 | in the State newspaper and make copies of the report available | ||||||
24 | without charge
to the public.
| ||||||
25 | (h) (Blank).
| ||||||
26 | (i) Upon the Agency's approval Task Group's decision that a |
| |||||||
| |||||||
1 | proposed site satisfies the
criteria adopted under subsection | ||||||
2 | (b) of this Section , the contractor shall
proceed with the | ||||||
3 | characterization and licensure of the proposed site under
| ||||||
4 | Section 10.3 of this Act and the Task Group shall immediately | ||||||
5 | suspend all
work, except as otherwise specifically required in | ||||||
6 | subsection (b) of Section
10.3 of this
Act .
| ||||||
7 | (Source: P.A. 95-777, eff. 8-4-08.)
| ||||||
8 | (420 ILCS 20/10.3) (from Ch. 111 1/2, par. 241-10.3)
| ||||||
9 | Sec. 10.3. Site characterization; license application; | ||||||
10 | adjudicatory
hearing; exclusivity. | ||||||
11 | (a) If the contractor chosen under Sections 5 and 10 , | ||||||
12 | following characterization, determines that the
proposed site | ||||||
13 | is appropriate for the development of a
regional disposal | ||||||
14 | facility, (i) the
contractor shall submit
to the Agency an | ||||||
15 | application for a license to
construct and operate the facility | ||||||
16 | at the selected site and (ii) the Task
Group shall be abolished | ||||||
17 | and its records transferred to the Agency .
| ||||||
18 | (b) If the contractor determines, following or at any time | ||||||
19 | during
characterization of a the site proposed under Section | ||||||
20 | 10.2 of this Act , that the
proposed site is not appropriate for | ||||||
21 | the development of a regional disposal facility, the Agency
may | ||||||
22 | require the contractor to propose an additional site to the
| ||||||
23 | Task Group from the locations identified under the site | ||||||
24 | selection process
established under subsection (c-5) of | ||||||
25 | Section 10.2 that is likely to satisfy
the
criteria
adopted |
| |||||||
| |||||||
1 | under subsection (b) of Section 10.2 . The new proposed site | ||||||
2 | shall
be the
subject of public notice, distribution, and public | ||||||
3 | meeting conducted by the Agency
Task Group under the procedures | ||||||
4 | set forth in subsections (f) and (g) of
Section
10.2
of this | ||||||
5 | Act. The contractor selected by the Agency shall propose
| ||||||
6 | additional sites and the Agency Task Group shall conduct | ||||||
7 | additional public meetings
until (i) the Task Group has | ||||||
8 | approved a proposed site recommended by a
contractor as | ||||||
9 | satisfying the criteria adopted under subsection (b) of Section
| ||||||
10 | 10.2, and
(ii) the contractor has determined, following | ||||||
11 | characterization, that the site
is appropriate for the | ||||||
12 | development of the regional disposal facility. Upon the
| ||||||
13 | selection of a proposed site under this subsection, (i) the | ||||||
14 | contractor shall
submit to the Agency an application for a | ||||||
15 | license to construct and operate
a regional disposal facility | ||||||
16 | at the selected site and (ii) the Task Group shall
be abolished | ||||||
17 | and its records transferred to the Agency .
| ||||||
18 | (c) The Agency shall review the license application filed | ||||||
19 | pursuant to
Section 8 and subsections (a) and (b) of this | ||||||
20 | Section in accordance
with its rules and the agreement between | ||||||
21 | the State of Illinois and the
Nuclear Regulatory Commission | ||||||
22 | under Section 274 of the Atomic Energy Act.
If the Agency | ||||||
23 | determines that the license should be issued, the Agency
shall | ||||||
24 | publish in the State newspaper a notice of intent to issue
the | ||||||
25 | license. Objections to issuance of the license may be filed | ||||||
26 | within 90
days of publication of the notice. Upon receipt of |
| |||||||
| |||||||
1 | objections, the
Director shall appoint a hearing officer who | ||||||
2 | shall conduct an adjudicatory
hearing on the objections. The | ||||||
3 | burden of proof at the hearing shall be on
the person filing | ||||||
4 | the objections. Upon completion of the hearing, the
hearing | ||||||
5 | officer shall recommend to the Director whether the license | ||||||
6 | should
be issued. The decision of the Director to issue or deny | ||||||
7 | the
license may be appealed under Section 18.
| ||||||
8 | (d) The procedures, criteria, terms, and conditions set | ||||||
9 | forth in this Act,
and in the rules adopted under this Act, for | ||||||
10 | the treatment,
storage, and disposal of low-level radioactive | ||||||
11 | waste and for the siting,
licensure, design, construction, | ||||||
12 | maintenance, operation, closure,
decommissioning, and | ||||||
13 | post-closure care of the regional disposal facility shall
be | ||||||
14 | the exclusive procedures, criteria, terms, and conditions for
| ||||||
15 | those matters.
| ||||||
16 | (Source: P.A. 95-777, eff. 8-4-08.)
| ||||||
17 | (420 ILCS 20/12.1) (from Ch. 111 1/2, par. 241-12.1)
| ||||||
18 | Sec. 12.1. Grants; community agreements.
| ||||||
19 | (a) The Director may make grants to the county or counties | ||||||
20 | containing
a site proposed under subsection (d) of Section 10.2 | ||||||
21 | and may make
grants to any
municipality containing or within | ||||||
22 | 1.5 miles of a proposed site. The grants
may be used for any | ||||||
23 | lawful purposes, including technical reviews of the
proposed | ||||||
24 | site and participation in public meetings the meeting held | ||||||
25 | during the site selection process under
subsection (g) of |
| |||||||
| |||||||
1 | Section
10.2 .
| ||||||
2 | (b) The Director may make grants to the county or counties | ||||||
3 | containing a
site to be characterized under Section 10.3 and | ||||||
4 | may make a grant to any municipality
containing or within 1.5 | ||||||
5 | miles of any such site. The grants may be
used for any
lawful | ||||||
6 | purposes, including review of site characterization work,
| ||||||
7 | participation in an adjudicatory hearing under subsection (c) | ||||||
8 | of Section
10.3, and negotiation of an agreement under | ||||||
9 | subsection (c) of this Section.
| ||||||
10 | (c) The Director may enter into one or more community
| ||||||
11 | agreements with the county or counties
containing a site for | ||||||
12 | which a license application has been submitted under
Section | ||||||
13 | 10.3. The Director may also enter into one or more community
| ||||||
14 | agreements with any
municipality containing or within 1.5 miles | ||||||
15 | of a site for which a license
application has been submitted | ||||||
16 | under Section 10.3. An agreement
under this subsection may
| ||||||
17 | include, but need not be limited to, matters of technical and | ||||||
18 | socioeconomic
concern regarding the development, operation, | ||||||
19 | closure, and post-closure
care of the disposal facility to be | ||||||
20 | constructed at the site.
| ||||||
21 | (Source: P.A. 90-29, eff. 6-26-97.)
| ||||||
22 | (420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
| ||||||
23 | Sec. 14. Waste management funds.
| ||||||
24 | (a) There is hereby created in the State
Treasury a special | ||||||
25 | fund to be known as the "Low-Level Radioactive Waste
Facility |
| |||||||
| |||||||
1 | Development and Operation Fund".
All monies within the | ||||||
2 | Low-Level Radioactive Waste Facility Development and
Operation | ||||||
3 | Fund shall be invested by the State Treasurer in accordance | ||||||
4 | with
established investment practices. Interest earned by such | ||||||
5 | investment shall be
returned to the Low-Level Radioactive Waste | ||||||
6 | Facility Development and Operation
Fund.
Except as otherwise | ||||||
7 | provided in
this subsection, the Agency shall deposit 80%
of | ||||||
8 | all receipts from the fees required under subsections (a) and | ||||||
9 | (b)
of Section 13 in the State Treasury to the credit of this | ||||||
10 | Fund. Beginning
July 1, 1997, and until December 31 of the year | ||||||
11 | in which the Agency Task Group
approves a proposed site under | ||||||
12 | Section 10.3, the Agency Department
shall deposit all fees | ||||||
13 | collected under subsections (a)
and (b) of Section 13 of this | ||||||
14 | Act into the
Fund. Subject to appropriation, the Agency is | ||||||
15 | authorized to expend all
moneys in the Fund in amounts it deems | ||||||
16 | necessary
for:
| ||||||
17 | (1) hiring personnel and any other operating and | ||||||
18 | contingent expenses
necessary for the proper | ||||||
19 | administration of this Act;
| ||||||
20 | (2) contracting with any firm for the purpose of | ||||||
21 | carrying out the
purposes of this Act;
| ||||||
22 | (3) grants to the Central Midwest Interstate Low-Level | ||||||
23 | Radioactive Waste
Commission;
| ||||||
24 | (4) hiring personnel, contracting with any person, and | ||||||
25 | meeting any
other expenses incurred by the Agency in | ||||||
26 | fulfilling its
responsibilities under the Radioactive |
| |||||||
| |||||||
1 | Waste Compact Enforcement Act;
| ||||||
2 | (5) activities under Sections 10, 10.2 and 10.3;
| ||||||
3 | (6) payment of fees in lieu of taxes to a local | ||||||
4 | government
having within
its boundaries a regional | ||||||
5 | disposal facility;
| ||||||
6 | (7) payment of grants to counties or municipalities | ||||||
7 | under
Section 12.1; and
| ||||||
8 | (8) fulfillment of obligations under a community | ||||||
9 | agreement
under Section 12.1.
| ||||||
10 | In spending monies pursuant to such appropriations, the | ||||||
11 | Agency shall
to the extent practicable avoid duplicating | ||||||
12 | expenditures made by any firm
pursuant to a contract awarded | ||||||
13 | under this Section. On or before March 1,
1989 and on or before | ||||||
14 | October 1
of 1989, 1990, 1991, 1992, and 1993, the Department | ||||||
15 | of Nuclear Safety (now the Illinois Emergency Management | ||||||
16 | Agency) shall deliver to the
Governor, the President and | ||||||
17 | Minority Leader of the Senate, the Speaker and
Minority Leader | ||||||
18 | of the House, and each of the generators that have
contributed | ||||||
19 | during the preceding State fiscal year to the Low-Level
| ||||||
20 | Radioactive Waste Facility Development and Operation Fund a | ||||||
21 | financial
statement, certified and verified by the Director, | ||||||
22 | which details all
receipts and expenditures from the fund | ||||||
23 | during the preceding State fiscal
year; provided that the | ||||||
24 | report due on or before March 1, 1989 shall detail
all receipts | ||||||
25 | and expenditures from the fund during the period from July 1,
| ||||||
26 | 1988 through January 31, 1989. The financial statements shall |
| |||||||
| |||||||
1 | identify all
sources of income to the
fund and all recipients | ||||||
2 | of expenditures from the fund, shall specify the
amounts of all | ||||||
3 | the income and expenditures, and shall indicate the amounts
of | ||||||
4 | all the income and expenditures, and shall indicate the purpose | ||||||
5 | for all
expenditures.
| ||||||
6 | (b) There is hereby created in the State Treasury a special | ||||||
7 | fund to be
known as the "Low-Level Radioactive Waste Facility | ||||||
8 | Closure, Post-Closure
Care and Compensation Fund".
All monies | ||||||
9 | within the Low-Level Radioactive Waste Facility Closure,
| ||||||
10 | Post-Closure Care and Compensation Fund shall be invested by | ||||||
11 | the State
Treasurer in accordance with established investment | ||||||
12 | practices. Interest earned
by such investment shall be returned | ||||||
13 | to the Low-Level Radioactive Waste
Facility Closure, | ||||||
14 | Post-Closure Care and Compensation Fund.
The Agency shall | ||||||
15 | deposit 20% of all
receipts from the fees required under | ||||||
16 | subsections (a) and (b) of Section 13
of this Act in the State | ||||||
17 | Treasury to the credit of this Fund, except
that, pursuant to | ||||||
18 | subsection (a) of Section 14 of this Act, there shall be no
| ||||||
19 | such deposit
into this Fund between July 1, 1997 and December | ||||||
20 | 31 of the year in which the Agency
Task Group approves a | ||||||
21 | proposed site pursuant to Section 10.3 of this Act.
All | ||||||
22 | deposits
into this
Fund shall be held by the State Treasurer | ||||||
23 | separate and apart from all
public money or funds of this | ||||||
24 | State. Subject to appropriation, the Agency
is authorized to | ||||||
25 | expend any moneys in this Fund in amounts it deems
necessary | ||||||
26 | for:
|
| |||||||
| |||||||
1 | (1) decommissioning and other procedures required for | ||||||
2 | the proper closure
of the regional disposal facility;
| ||||||
3 | (2) monitoring, inspecting, and other procedures | ||||||
4 | required for the proper
closure, decommissioning, and
| ||||||
5 | post-closure care of the regional disposal facility;
| ||||||
6 | (3) taking any remedial actions necessary to protect | ||||||
7 | human health and
the environment from releases or | ||||||
8 | threatened releases of wastes from
the regional disposal | ||||||
9 | facility;
| ||||||
10 | (4) the purchase of facility and third-party liability | ||||||
11 | insurance
necessary during the institutional control | ||||||
12 | period of the regional
disposal facility;
| ||||||
13 | (5) mitigating the impacts of the suspension or | ||||||
14 | interruption of the
acceptance of waste for disposal;
| ||||||
15 | (6) compensating any person suffering any damages or | ||||||
16 | losses to a
person or property caused by a release from the | ||||||
17 | regional disposal facility
as provided
for in Section 15; | ||||||
18 | and
| ||||||
19 | (7) fulfillment of obligations under a community | ||||||
20 | agreement under Section
12.1.
| ||||||
21 | On or before March 1 of each year, the Agency shall deliver | ||||||
22 | to the
Governor, the President and Minority Leader of the | ||||||
23 | Senate, the Speaker and
Minority Leader of the House, and each | ||||||
24 | of the generators that have
contributed during the preceding | ||||||
25 | State fiscal year to the Fund a financial
statement, certified | ||||||
26 | and verified by the Director, which details all
receipts and |
| |||||||
| |||||||
1 | expenditures from the Fund during the preceding State fiscal
| ||||||
2 | year. The financial statements shall identify all sources of | ||||||
3 | income to the
Fund and all recipients of expenditures from the | ||||||
4 | Fund, shall specify the
amounts of all the income and | ||||||
5 | expenditures, and shall indicate the amounts
of all the income | ||||||
6 | and expenditures, and shall indicate the purpose for all
| ||||||
7 | expenditures.
| ||||||
8 | (c) (Blank).
| ||||||
9 | (d) The Agency may accept for any of its purposes and | ||||||
10 | functions
any donations, grants of money, equipment, supplies, | ||||||
11 | materials, and services
from any state or the United States, or | ||||||
12 | from any institution, person, firm
or corporation. Any donation | ||||||
13 | or grant of money received after January 1,
1986 shall be | ||||||
14 | deposited in either the Low-Level Radioactive Waste
Facility | ||||||
15 | Development and Operation Fund or the Low-Level Radioactive | ||||||
16 | Waste
Facility Closure, Post-Closure Care and Compensation | ||||||
17 | Fund, in accordance
with the purpose of the grant.
| ||||||
18 | (Source: P.A. 95-777, eff. 8-4-08.)
|