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Public Act 100-0146 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Low-Level Radioactive Waste | ||||
Management Act is amended by changing Sections 10.2, 10.3, | ||||
12.1, and 14 as follows:
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(420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2)
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Sec. 10.2. Selection Creation of Low-Level Radioactive | ||||
Waste Task Group;
adoption of
criteria; selection of site for | ||||
characterization. | ||||
(a) (Blank). There is hereby created the Low-Level | ||||
Radioactive Waste Task Group
consisting of the Directors of the | ||||
Environmental Protection Agency, the
Department of Natural | ||||
Resources, and the Illinois Emergency Management Agency (or | ||||
their designees) and 6 additional members designated
by the | ||||
Governor. The 6 additional members shall:
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(1) be confirmed by the Senate; and
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(2) receive compensation of $300 per day for their | ||||
services on
the Task Group unless they are officers or | ||||
employees of the State, in which
case they shall receive no | ||||
additional compensation.
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Four of the additional members shall have expertise in the | ||||
field of geology,
hydrogeology, or hydrology. Of the 2 |
remaining additional members, one shall be
a member of the | ||
public with experience in environmental matters and one shall
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have at least 5 years experience in local government. The | ||
Directors of the
Environmental Protection Agency, the | ||
Department of Natural
Resources, and the Illinois Emergency | ||
Management Agency (or their designees) shall
receive no | ||
additional compensation for their service on the Task Group.
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All members of the Task Group shall be compensated for their | ||
expenses. The
Governor shall designate the chairman of the Task | ||
Group. Upon adoption of
the criteria under subsection (b) of | ||
this Section, the Directors of the Illinois Emergency | ||
Management Agency
and the Environmental Protection Agency | ||
shall
be replaced on the Task Group by members designated by | ||
the
Governor and confirmed by the Senate. The members | ||
designated
to replace the Directors of the Illinois Emergency | ||
Management Agency
and the Environmental Protection Agency | ||
shall have such
expertise as the Governor may determine. The | ||
members of the Task Group
shall be members until they resign, | ||
are replaced by the Governor, or the
Task Group is abolished. | ||
Except as provided in this Act, the Task Group
shall be subject | ||
to the Open Meetings Act and the Illinois Administrative
| ||
Procedure Act. Any action required to be taken by the Task | ||
Group under this
Act shall be taken by a majority vote of its | ||
members.
An identical vote by 5 members of the Task Group shall | ||
constitute a majority
vote.
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(b) (Blank). To protect the public health, safety and |
welfare, the Task Group shall
develop proposed criteria for | ||
selection of a site for a regional disposal
facility.
Principal | ||
criteria shall relate to the geographic, geologic, | ||
seismologic,
tectonic, hydrologic, and other scientific | ||
conditions best suited for a
regional disposal facility. | ||
Supplemental
criteria may
relate to land use (including (i) the | ||
location of existing underground mines
and (ii) the exclusion | ||
of State parks, State conservation areas, and other
State owned | ||
lands identified by the Task Group), economics, | ||
transportation,
meteorology, and any other matter identified | ||
by the Task Group as relating to
desirable conditions for a | ||
regional
disposal facility. All
of the criteria shall be as | ||
specific as possible.
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The chairman of the Task Group shall publish a
notice of | ||
availability of the proposed criteria in the State newspaper, | ||
make
copies of the proposed criteria available without charge | ||
to the public, and
hold public hearings to receive comments on | ||
the proposed criteria. Written
comments on the proposed | ||
criteria may be submitted to the chairman of the Task
Group | ||
within a time period to be determined by the Task Group. Upon | ||
completion
of the review of timely submitted comments on the | ||
proposed criteria, the Task
Group shall adopt criteria for
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selection of a site for a regional disposal facility. Adoption | ||
of the criteria is not
subject to the Illinois Administrative | ||
Procedure Act. The chairman of the Task
Group shall provide | ||
copies of the criteria to the Governor, the President and
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Minority Leader of the Senate, the Speaker and Minority Leader | ||
of the House,
and all county boards in the State of Illinois | ||
and shall make copies of the
criteria available without charge | ||
to the public.
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(c) (Blank). Upon adoption of the criteria, the Director of | ||
Natural
Resources shall direct the Scientific Surveys to
screen | ||
the State of Illinois. By
September 30, 1997, the Scientific | ||
Surveys shall (i) complete a Statewide
screening of the State | ||
using available information and the Surveys'
geography-based | ||
information system to produce individual and composite maps
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showing the application of individual criteria; (ii) complete | ||
the evaluation
of all land volunteered
before the effective | ||
date of this amendatory Act of 1997 to determine whether any of | ||
the volunteered land appears
likely to satisfy the criteria; | ||
(iii) document the
results of the screening and volunteer site | ||
evaluations in a written report
and submit the report to the | ||
chairman of the Task Group and to the Director;
and (iv) | ||
transmit to the Task Group and to the Agency, in a form | ||
specified
by the Task Group and the Agency, all information and | ||
documents assembled
by the Scientific Surveys in performing the | ||
obligations of the Scientific
Surveys under
this Act. Upon | ||
completion of the screening and volunteer site evaluation
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process, the Director of the Department of Natural Resources | ||
shall be replaced
on the Task Group by a member appointed by | ||
the Governor and confirmed by the
Senate. The member appointed | ||
to replace the Director of the Department of
Natural Resources |
shall have expertise that the Governor determines to be
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appropriate.
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(c-3) (Blank). By December 1, 2000, the Department of | ||
Nuclear Safety (now the Illinois Emergency Management Agency),
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in
consultation with the Task Group, waste generators, and any | ||
interested
counties and
municipalities and after
holding 3 | ||
public hearings throughout the State,
shall prepare a report | ||
regarding, at a minimum, the impact and
ramifications, if any, | ||
of the following factors and circumstances on the
siting, | ||
design, licensure, development, construction, operation, | ||
closure, and
post-closure care of a regional disposal facility:
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(1) the federal, state, and regional programs for the | ||
siting,
development,
and operation of disposal facilities | ||
for low-level radioactive wastes and the
nature, extent, | ||
and likelihood of any legislative or administrative | ||
changes to
those programs;
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(2) (blank);
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(3) the current and most reliable projections | ||
regarding the costs of the
siting, design, development, | ||
construction, operation, closure, decommissioning,
and | ||
post-closure care of a regional disposal facility;
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(4) the current and most reliable estimates of the | ||
total volume of
low-level radioactive waste that will be | ||
disposed at a regional disposal
facility in Illinois and | ||
the projected annual volume amounts;
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(5) the nature and extent of the available, if any, |
storage and
disposal facilities outside the region of the | ||
Compact for storage and disposal
of low-level radioactive | ||
waste generated from within the region of the Compact;
and
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(6) the development and implementation of a voluntary | ||
site selection
process in which land may be volunteered for | ||
the regional disposal facility
jointly by landowners and | ||
(i) the municipality in which the land is located,
(ii) | ||
every municipality within 1 1/2 miles of the land if the | ||
land is
not within a municipality, or (iii) the county or | ||
counties in which the land
is located if the land is not | ||
within a municipality
and not within 1 1/2 miles of a | ||
municipality.
The Director
shall provide copies of the | ||
report to the
Governor, the
President and Minority Leader | ||
of the Senate, and the Speaker and
Minority
Leader of the | ||
House. The Director shall also publish a notice of
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availability of the report in the State newspaper and make | ||
copies of the report
available without charge to the | ||
public.
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(c-5) The Following submittal of the report pursuant to | ||
subsection (c-3) of
this
Section, the Agency may adopt rules | ||
establishing a
site selection process for a the regional | ||
disposal facility. In
developing rules, the Agency
shall, at a | ||
minimum, consider the following:
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(1) A comprehensive and open process under which the | ||
land for sites
recommended and proposed by the contractor | ||
under subsection (e) of this
Section shall be volunteered |
lands as provided in this Section. Land may be
volunteered
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for the regional disposal facility jointly by landowners | ||
and (i) the
municipality in which the land is located, (ii) | ||
every municipality with
1 1/2 miles of the land if the land | ||
is not within a municipality, or
(iii) the county or | ||
counties in which the land is located if the land is not
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within a municipality and not within 1 1/2 miles of a
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municipality.
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(2) Utilization of the State screening and volunteer | ||
site evaluation reports
report prepared by the Scientific | ||
Surveys under subsection (c) of this
Section for the | ||
purpose of determining whether proposed sites appear | ||
likely to
satisfy the site selection criteria.
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(3) Coordination of the site selection process with the | ||
projected annual
and total volume of low-level radioactive | ||
waste to be disposed at the regional
disposal facility as
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identified in the report prepared under subsection (c-3) of | ||
this Section .
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The site selection process established under this | ||
subsection shall require
the contractor selected by the Agency | ||
pursuant to Sections 5 and 10 of this
Act to propose one site | ||
to the Agency Task Group for approval under subsections (d)
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through (i) of this Section .
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No proposed site shall be selected as the site for the | ||
regional
disposal facility unless it satisfies the site | ||
selection criteria established
by the Task Group under |
subsection (b) of this Section.
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(d) The contractor selected by the Agency under Sections 5 | ||
and
10
of this Act shall conduct evaluations,
including | ||
possible intrusive field investigations, of the sites and | ||
locations
identified under the site selection process | ||
established under subsection
(c-5) of this Section.
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(e) Upon completion of the site evaluations,
the
contractor | ||
selected by the Agency shall identify one site of at least 640
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acres that appears
promising for development of the regional | ||
disposal facility in compliance
with the site selection | ||
criteria established by the Task Group pursuant to
subsection | ||
(b) of this Section . The
contractor may conduct any other | ||
evaluation of the site identified under
this subsection that | ||
the contractor deems appropriate to determine whether
the site | ||
satisfies the criteria adopted under subsection
(b) of this | ||
Section . Upon
completion of the evaluations under this | ||
subsection, the
contractor shall
prepare and submit to the | ||
Agency a report on the evaluation of the
identified site, | ||
including a recommendation as to whether the identified site
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should be further considered for selection as a site for the
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regional disposal facility. A site so recommended for further
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consideration is hereinafter referred to as a "proposed site".
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(f) (Blank). A report completed under subsection (e) of | ||
this Section that
recommends a proposed site shall also be | ||
submitted
to the chairman of the Task Group. Within 45 days | ||
following receipt of a
report, the chairman of the Task Group |
shall
publish in newspapers of general circulation in the | ||
county or counties in
which a proposed site is located a notice | ||
of the availability of the report and a notice of
a
public | ||
meeting. The chairman of the Task Group shall also, within the | ||
45-day
period, provide copies of
the report and the notice to | ||
the Governor, the President and Minority Leader of
the Senate, | ||
the Speaker and Minority Leader of the House, members of the
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General Assembly from the legislative district or districts in | ||
which a
proposed site is located,
the county board or boards of | ||
the county or counties containing
a proposed site, and each | ||
city, village, and
incorporated town within a 5 mile radius of | ||
a proposed site. The chairman
of the Task Group shall make | ||
copies of
the report available without charge to the public.
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(g) The The chairman of the Task Group shall convene at | ||
least one
public meeting on each proposed site. At the public | ||
meeting
or meetings,
the contractor selected by the Agency | ||
shall present the results of the
evaluation of the proposed | ||
site.
The Task Group shall receive such other written and oral | ||
information about
the proposed site that may be submitted at | ||
the meeting.
Following the meeting, the
Task Group shall decide | ||
whether the proposed site satisfies the criteria adopted
under | ||
subsection (b) of this Section. If the Task Group determines | ||
that
the proposed site does not satisfy the criteria, the | ||
Agency may require a
contractor to submit a further report | ||
pursuant to subsection (e) of this
Section proposing another | ||
site from the locations identified under the site
selection |
process established pursuant to subsection (c-5) of this | ||
Section as likely to satisfy the criteria. The Following notice | ||
and
distribution of the report as required by subsection (f) of | ||
this Section, the
new proposed site shall be the subject
of a | ||
public meeting under this subsection. The contractor selected | ||
by the Agency
shall
propose
additional sites , and the Task | ||
Group shall conduct additional public
meetings, until the | ||
Agency Task Group has approved a proposed site recommended by a
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contractor as satisfying the
criteria adopted under subsection | ||
(b) of this Section . In the event that the Agency
Task Group | ||
does not approve any of the proposed sites recommended by the
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contractor under this subsection , as satisfying the criteria | ||
adopted under
subsection (b) of this Section, the Task Group | ||
shall immediately suspend all
work and the Agency shall prepare | ||
a study containing, at a minimum, the Agency's
recommendations | ||
regarding the viability of the site selection
process | ||
established pursuant to this Act , based on the factors and
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circumstances
specified in items (1) through (6) of subsection | ||
(c-3) of Section 10.2 . The Agency
shall provide copies of the | ||
study to the Governor, the President and
Minority Leader of the | ||
Senate, and the Speaker and Minority Leader of the
House. The | ||
Agency shall also publish a notice of availability of the study
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in the State newspaper and make copies of the report available | ||
without charge
to the public.
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(h) (Blank).
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(i) Upon the Agency's approval Task Group's decision that a |
proposed site satisfies the
criteria adopted under subsection | ||
(b) of this Section , the contractor shall
proceed with the | ||
characterization and licensure of the proposed site under
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Section 10.3 of this Act and the Task Group shall immediately | ||
suspend all
work, except as otherwise specifically required in | ||
subsection (b) of Section
10.3 of this
Act .
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 20/10.3) (from Ch. 111 1/2, par. 241-10.3)
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Sec. 10.3. Site characterization; license application; | ||
adjudicatory
hearing; exclusivity. | ||
(a) If the contractor chosen under Sections 5 and 10 , | ||
following characterization, determines that the
proposed site | ||
is appropriate for the development of a
regional disposal | ||
facility, (i) the
contractor shall submit
to the Agency an | ||
application for a license to
construct and operate the facility | ||
at the selected site and (ii) the Task
Group shall be abolished | ||
and its records transferred to the Agency .
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(b) If the contractor determines, following or at any time | ||
during
characterization of a the site proposed under Section | ||
10.2 of this Act , that the
proposed site is not appropriate for | ||
the development of a regional disposal facility, the Agency
may | ||
require the contractor to propose an additional site to the
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Task Group from the locations identified under the site | ||
selection process
established under subsection (c-5) of | ||
Section 10.2 that is likely to satisfy
the
criteria
adopted |
under subsection (b) of Section 10.2 . The new proposed site | ||
shall
be the
subject of public notice, distribution, and public | ||
meeting conducted by the Agency
Task Group under the procedures | ||
set forth in subsections (f) and (g) of
Section
10.2
of this | ||
Act. The contractor selected by the Agency shall propose
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additional sites and the Agency Task Group shall conduct | ||
additional public meetings
until (i) the Task Group has | ||
approved a proposed site recommended by a
contractor as | ||
satisfying the criteria adopted under subsection (b) of Section
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10.2, and
(ii) the contractor has determined, following | ||
characterization, that the site
is appropriate for the | ||
development of the regional disposal facility. Upon the
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selection of a proposed site under this subsection, (i) the | ||
contractor shall
submit to the Agency an application for a | ||
license to construct and operate
a regional disposal facility | ||
at the selected site and (ii) the Task Group shall
be abolished | ||
and its records transferred to the Agency .
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(c) The Agency shall review the license application filed | ||
pursuant to
Section 8 and subsections (a) and (b) of this | ||
Section in accordance
with its rules and the agreement between | ||
the State of Illinois and the
Nuclear Regulatory Commission | ||
under Section 274 of the Atomic Energy Act.
If the Agency | ||
determines that the license should be issued, the Agency
shall | ||
publish in the State newspaper a notice of intent to issue
the | ||
license. Objections to issuance of the license may be filed | ||
within 90
days of publication of the notice. Upon receipt of |
objections, the
Director shall appoint a hearing officer who | ||
shall conduct an adjudicatory
hearing on the objections. The | ||
burden of proof at the hearing shall be on
the person filing | ||
the objections. Upon completion of the hearing, the
hearing | ||
officer shall recommend to the Director whether the license | ||
should
be issued. The decision of the Director to issue or deny | ||
the
license may be appealed under Section 18.
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(d) The procedures, criteria, terms, and conditions set | ||
forth in this Act,
and in the rules adopted under this Act, for | ||
the treatment,
storage, and disposal of low-level radioactive | ||
waste and for the siting,
licensure, design, construction, | ||
maintenance, operation, closure,
decommissioning, and | ||
post-closure care of the regional disposal facility shall
be | ||
the exclusive procedures, criteria, terms, and conditions for
| ||
those matters.
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(Source: P.A. 95-777, eff. 8-4-08.)
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(420 ILCS 20/12.1) (from Ch. 111 1/2, par. 241-12.1)
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Sec. 12.1. Grants; community agreements.
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(a) The Director may make grants to the county or counties | ||
containing
a site proposed under subsection (d) of Section 10.2 | ||
and may make
grants to any
municipality containing or within | ||
1.5 miles of a proposed site. The grants
may be used for any | ||
lawful purposes, including technical reviews of the
proposed | ||
site and participation in public meetings the meeting held | ||
during the site selection process under
subsection (g) of |
Section
10.2 .
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(b) The Director may make grants to the county or counties | ||
containing a
site to be characterized under Section 10.3 and | ||
may make a grant to any municipality
containing or within 1.5 | ||
miles of any such site. The grants may be
used for any
lawful | ||
purposes, including review of site characterization work,
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participation in an adjudicatory hearing under subsection (c) | ||
of Section
10.3, and negotiation of an agreement under | ||
subsection (c) of this Section.
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(c) The Director may enter into one or more community
| ||
agreements with the county or counties
containing a site for | ||
which a license application has been submitted under
Section | ||
10.3. The Director may also enter into one or more community
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agreements with any
municipality containing or within 1.5 miles | ||
of a site for which a license
application has been submitted | ||
under Section 10.3. An agreement
under this subsection may
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include, but need not be limited to, matters of technical and | ||
socioeconomic
concern regarding the development, operation, | ||
closure, and post-closure
care of the disposal facility to be | ||
constructed at the site.
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(Source: P.A. 90-29, eff. 6-26-97.)
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(420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14)
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Sec. 14. Waste management funds.
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(a) There is hereby created in the State
Treasury a special | ||
fund to be known as the "Low-Level Radioactive Waste
Facility |
Development and Operation Fund".
All monies within the | ||
Low-Level Radioactive Waste Facility Development and
Operation | ||
Fund shall be invested by the State Treasurer in accordance | ||
with
established investment practices. Interest earned by such | ||
investment shall be
returned to the Low-Level Radioactive Waste | ||
Facility Development and Operation
Fund.
Except as otherwise | ||
provided in
this subsection, the Agency shall deposit 80%
of | ||
all receipts from the fees required under subsections (a) and | ||
(b)
of Section 13 in the State Treasury to the credit of this | ||
Fund. Beginning
July 1, 1997, and until December 31 of the year | ||
in which the Agency Task Group
approves a proposed site under | ||
Section 10.3, the Agency Department
shall deposit all fees | ||
collected under subsections (a)
and (b) of Section 13 of this | ||
Act into the
Fund. Subject to appropriation, the Agency is | ||
authorized to expend all
moneys in the Fund in amounts it deems | ||
necessary
for:
| ||
(1) hiring personnel and any other operating and | ||
contingent expenses
necessary for the proper | ||
administration of this Act;
| ||
(2) contracting with any firm for the purpose of | ||
carrying out the
purposes of this Act;
| ||
(3) grants to the Central Midwest Interstate Low-Level | ||
Radioactive Waste
Commission;
| ||
(4) hiring personnel, contracting with any person, and | ||
meeting any
other expenses incurred by the Agency in | ||
fulfilling its
responsibilities under the Radioactive |
Waste Compact Enforcement Act;
| ||
(5) activities under Sections 10, 10.2 and 10.3;
| ||
(6) payment of fees in lieu of taxes to a local | ||
government
having within
its boundaries a regional | ||
disposal facility;
| ||
(7) payment of grants to counties or municipalities | ||
under
Section 12.1; and
| ||
(8) fulfillment of obligations under a community | ||
agreement
under Section 12.1.
| ||
In spending monies pursuant to such appropriations, the | ||
Agency shall
to the extent practicable avoid duplicating | ||
expenditures made by any firm
pursuant to a contract awarded | ||
under this Section. On or before March 1,
1989 and on or before | ||
October 1
of 1989, 1990, 1991, 1992, and 1993, the Department | ||
of Nuclear Safety (now the Illinois Emergency Management | ||
Agency) shall deliver to the
Governor, the President and | ||
Minority Leader of the Senate, the Speaker and
Minority Leader | ||
of the House, and each of the generators that have
contributed | ||
during the preceding State fiscal year to the Low-Level
| ||
Radioactive Waste Facility Development and Operation Fund a | ||
financial
statement, certified and verified by the Director, | ||
which details all
receipts and expenditures from the fund | ||
during the preceding State fiscal
year; provided that the | ||
report due on or before March 1, 1989 shall detail
all receipts | ||
and expenditures from the fund during the period from July 1,
| ||
1988 through January 31, 1989. The financial statements shall |
identify all
sources of income to the
fund and all recipients | ||
of expenditures from the fund, shall specify the
amounts of all | ||
the income and expenditures, and shall indicate the amounts
of | ||
all the income and expenditures, and shall indicate the purpose | ||
for all
expenditures.
| ||
(b) There is hereby created in the State Treasury a special | ||
fund to be
known as the "Low-Level Radioactive Waste Facility | ||
Closure, Post-Closure
Care and Compensation Fund".
All monies | ||
within the Low-Level Radioactive Waste Facility Closure,
| ||
Post-Closure Care and Compensation Fund shall be invested by | ||
the State
Treasurer in accordance with established investment | ||
practices. Interest earned
by such investment shall be returned | ||
to the Low-Level Radioactive Waste
Facility Closure, | ||
Post-Closure Care and Compensation Fund.
The Agency shall | ||
deposit 20% of all
receipts from the fees required under | ||
subsections (a) and (b) of Section 13
of this Act in the State | ||
Treasury to the credit of this Fund, except
that, pursuant to | ||
subsection (a) of Section 14 of this Act, there shall be no
| ||
such deposit
into this Fund between July 1, 1997 and December | ||
31 of the year in which the Agency
Task Group approves a | ||
proposed site pursuant to Section 10.3 of this Act.
All | ||
deposits
into this
Fund shall be held by the State Treasurer | ||
separate and apart from all
public money or funds of this | ||
State. Subject to appropriation, the Agency
is authorized to | ||
expend any moneys in this Fund in amounts it deems
necessary | ||
for:
|
(1) decommissioning and other procedures required for | ||
the proper closure
of the regional disposal facility;
| ||
(2) monitoring, inspecting, and other procedures | ||
required for the proper
closure, decommissioning, and
| ||
post-closure care of the regional disposal facility;
| ||
(3) taking any remedial actions necessary to protect | ||
human health and
the environment from releases or | ||
threatened releases of wastes from
the regional disposal | ||
facility;
| ||
(4) the purchase of facility and third-party liability | ||
insurance
necessary during the institutional control | ||
period of the regional
disposal facility;
| ||
(5) mitigating the impacts of the suspension or | ||
interruption of the
acceptance of waste for disposal;
| ||
(6) compensating any person suffering any damages or | ||
losses to a
person or property caused by a release from the | ||
regional disposal facility
as provided
for in Section 15; | ||
and
| ||
(7) fulfillment of obligations under a community | ||
agreement under Section
12.1.
| ||
On or before March 1 of each year, the Agency shall deliver | ||
to the
Governor, the President and Minority Leader of the | ||
Senate, the Speaker and
Minority Leader of the House, and each | ||
of the generators that have
contributed during the preceding | ||
State fiscal year to the Fund a financial
statement, certified | ||
and verified by the Director, which details all
receipts and |
expenditures from the Fund during the preceding State fiscal
| ||
year. The financial statements shall identify all sources of | ||
income to the
Fund and all recipients of expenditures from the | ||
Fund, shall specify the
amounts of all the income and | ||
expenditures, and shall indicate the amounts
of all the income | ||
and expenditures, and shall indicate the purpose for all
| ||
expenditures.
| ||
(c) (Blank).
| ||
(d) The Agency may accept for any of its purposes and | ||
functions
any donations, grants of money, equipment, supplies, | ||
materials, and services
from any state or the United States, or | ||
from any institution, person, firm
or corporation. Any donation | ||
or grant of money received after January 1,
1986 shall be | ||
deposited in either the Low-Level Radioactive Waste
Facility | ||
Development and Operation Fund or the Low-Level Radioactive | ||
Waste
Facility Closure, Post-Closure Care and Compensation | ||
Fund, in accordance
with the purpose of the grant.
| ||
(Source: P.A. 95-777, eff. 8-4-08.)
|