TITLE 32: ENERGY
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AUTHORITY: Implementing and authorized by Sections 8 and 9 of the Illinois Low-Level Radioactive Waste Management Act [420 ILCS 20/8 and 9], the Radioactive Waste Tracking and Permitting Act [420 ILCS 37], the Central Midwest Low-Level Radioactive Waste Compact Act [45 ILCS 140], the Radioactive Waste Compact Enforcement Act [45 ILCS 141] and the federal Low-Level Radioactive Waste Policy Amendments Act of 1985 (P.L. 99-240).
SOURCE: Adopted at 20 Ill. Reg. 13944, effective October 11, 1996; amended at 24 Ill. Reg. 18191, effective December 1, 2000; recodified from the Department of Nuclear Safety to the Illinois Emergency Management Agency at 27 Ill. Reg. 13641; amended at 38 Ill. Reg. 12088, effective May 29, 2014.
Section 609.10 Purpose and Applicability
a) This Part establishes one of the systems for the regulation of the use of facilities in the State of Illinois to:
1) Collect, store, treat or dispose of low-level radioactive waste;
2) Maintain a data base as to the location of all such waste in the State of Illinois; and
3) Implement some of the requirements, prohibitions and mandates of the Compact, the Radioactive Waste Compact Enforcement Act [45 ILCS 141], the Radioactive Waste Tracking and Permitting Act [420 ILCS 37] and the Illinois Low-Level Radioactive Waste Management Act [420 ILCS 20].
b) This Part establishes a system for monitoring and tracking shipments of low-level radioactive waste into, out of or within the State of Illinois for the purpose of tracking the points of origin of the shipments, as transported to the places of destination of the shipments.
c) This Part establishes an enforcement and verification system directed to the movements of low-level radioactive waste into, out of or within the State of Illinois.
d) This Part applies to any generator, broker, owner or operator of any treatment or disposal facility, or to any person who sends low-level radioactive waste into, within or out of the State of Illinois.
e) This Part does not apply to:
1) Shipments of low-level radioactive waste that are sent or transported through the State of Illinois but do not originate in the State of Illinois and are not accepted for treatment, storage, collection or disposal at a location in the State of Illinois;
2) Naturally occurring radioactive materials, unless required to be licensed by the Agency;
3) Radioactive materials exempt from licensing by the Agency based upon regulatory or statutory determinations; and
4) Radioactive materials authorized for disposal under 32 Ill. Adm. Code 340.1030 and 340.1050.
f) This Part does not relieve any person from compliance with any other state, Commission or Federal requirements, including transport or licensing requirements, pertaining to the packaging, transportation, disposal, storage or delivery of low-level radioactive materials or wastes.
g) This Part does not relieve any person from compliance with any order, directive or rule of the Central Midwest Interstate Low-Level Radioactive Waste Commission, pursuant to its authority under the provisions of the Central Midwest Radioactive Waste Compact Act [45 ILCS 140].
(Source: Amended at 38 Ill. Reg. 12088, effective May 29, 2014)
Section 609.20 Definitions
Except when otherwise indicated, or when the context clearly requires a different definition, the following terms shall have the following meanings for purposes of this Part.
"Acceptance" means taking possession of waste. Waste is not "accepted" for purposes of this Part if it is delivered to a facility, and the owner or operator of the facility refuses to take possession and promptly so informs both the person sending the waste and the Agency of the refusal.
"Agency" means the Illinois Emergency Management Agency.
"Broker" means any person who takes possession of low-level radioactive waste for purposes of consolidation and shipment. [420 ILCS 20/3]
"Carrier" means a person who transports low-level radioactive waste into, out of or within the State of Illinois.
"Commission" means the Central Midwest Interstate Low-Level Radioactive Waste Commission.
"Compact" means the Central Midwest Interstate Low-Level Radioactive Waste Compact.
"Consolidated Waste" means waste from more than one generator that has been consolidated into a single shipment of waste. However, separate containers of waste would not be classified as "consolidated waste".
"Dispose" or "Disposal" means the isolation of waste from the biosphere in a permanent facility designed for that purpose. [45 ILCS 141/15]
"Electronic Data Transmission" or "EDT" means files that are comprised of a variety of record types, which are used based on the type and source of the shipment of low-level radioactive waste (original shipment versus a consolidated shipment, in or out-of-state shipment, etc.). These files are ASCII files with comma delimited records.
"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 by the owners or operators for the generation, collection, treatment, storage or disposal of low-level radioactive waste. [45 ILCS 141/15]
"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. [420 ILCS 20/3]
"Low-Level Radioactive Waste" or "LLRW" or "Waste" means radioactive waste not classified as:
high-level radioactive waste,
transuranic waste,
spent nuclear fuel, or
by-product material as defined in Section 11e(2) of the Atomic Energy Act (42 USC 2021).
This definition shall apply notwithstanding any declaration by the federal government or any state that any radioactive material is exempt from any regulatory control. [45 ILCS 141/15]
"Permit" means the license authority issued by the Agency upon application which authorizes the person identified by that number to either send waste to a facility for treatment, storage, consolidation or disposal or to receive waste at a facility for treatment, storage, consolidation or disposal.
"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. [45 ILCS 141/15]
"Region" means the geographical area of the State of Illinois and the Commonwealth of Kentucky. [45 ILCS 141/15]
"Regional Facility" means any facility as defined in the Radioactive Waste Compact Enforcement Act that is located in Illinois and established by Illinois pursuant to designation of Illinois as a host state by the Commission.
"Shipper" means a person, whether located within or outside of the Region that offers waste for transportation into, within or out of the State of Illinois.
"Storage" means the temporary holding of radioactive material for treatment or disposal. [45 ILCS 141/15]
"Transaction Reference Number" means a number issued by the Agency under this Part that acknowledges the shipper's submittal of, and the Agency's acceptance as complete of, shipment specific information required under this Part.
"Transport" means the movement of waste into, within or out of the State of Illinois.
"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. [45 ILCS 141/15]
(Source: Amended at 38 Ill. Reg. 12088, effective May 29, 2014)