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| Public Act 103-0965 | ||||
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AN ACT concerning safety. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Uranium and Thorium Mill Tailings Control | ||||
Act is amended by changing Section 32 as follows: | ||||
(420 ILCS 42/32) | ||||
Sec. 32. Limitations on groundwater and property use. | ||||
(a) In connection with the decommissioning of a source | ||||
material milling facility or the termination of the facility's | ||||
license, the Agency shall have the authority to adopt by rule, | ||||
or impose by order or license amendment or condition, | ||||
restrictions on the use of groundwater on any property that | ||||
has been licensed for the milling of source material and any | ||||
property downgradient from the property that has been licensed | ||||
for the milling of source material where the groundwater | ||||
impacted by a licensed facility has constituents above | ||||
naturally-occurring levels and is in excess of the groundwater | ||||
standards enforceable by the Agency. | ||||
(a-5) The Agency may approve a request for license | ||||
termination following adoption and implementation by the | ||||
municipality or county in which the material milling facility | ||||
is located of one or more ordinances restricting the use of | ||||
groundwater on the property that has been licensed for the | ||||
milling of source material and any property downgradient from | ||
that property, provided that the ordinances are determined by | ||
the Agency to provide sufficient protection of public health | ||
and safety and the ordinances are in effect at the time of | ||
license termination. | ||
(a-6) For Agency actions based upon subsection (a-5), the | ||
ordinances in effect at the time of license termination shall | ||
remain in effect until the Agency expressly approves in | ||
writing that the ordinances are no longer required. | ||
(b) In connection with the decommissioning of a source | ||
material milling facility or the termination of the facility's | ||
license, the Agency shall have the authority to adopt by rule, | ||
or impose by order or license amendment or condition, | ||
restrictions on property that has been licensed for the | ||
milling of source material where the soil has constituents | ||
above naturally-occurring levels to limit or prohibit: | ||
(1) the construction of basements or other similar | ||
below-ground structures, other than footings or pilings, | ||
on any portion of the property where elevated levels of | ||
the constituents are present in the soil; and | ||
(2) the excavation of soil from a portion of the | ||
property where elevated levels of the constituents are | ||
present in the excavated soil, unless the excavated soil | ||
is (i) disposed of in a facility licensed or permitted to | ||
dispose of that soil or (ii) returned to the approximate | ||
depth from which it was excavated and covered with an | ||
equivalent cover. | ||
(c) The authority granted to the Agency under this | ||
Section is intended to secure the greatest protection of the | ||
public health and safety practicable in the decommissioning of | ||
a source material milling facility or the termination of the | ||
facility's license and shall be in addition to the authority | ||
granted under the Radiation Protection Act of 1990. | ||
(Source: P.A. 95-777, eff. 8-4-08.) | ||