SB 429 — IEMA - WASTE TRANSPORT PERMITS

LRB094 10668 RSP 41034 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB0429 LRB094 10668 RSP 41034 b AN ACT concerning safety.

SB0429 Engrossed - 2 - LRB094 10668 RSP 41034 b (h) "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.

(m) "Person" means an individual, corporation, business enterprise or other legal entity either public or private and SB0429 Engrossed - 3 - LRB094 10668 RSP 41034 b any legal successor, representative, agent or agency of that individual, corporation, business enterprise, or legal entity.

(r) "Shallow land burial" means a land disposal facility in SB0429 Engrossed - 4 - LRB094 10668 RSP 41034 b which radioactive waste is disposed of in or within the upper 30 meters of the earth’s surface.

The annual report for generators shall contain information on the types and quantities of low-level wastes produced in the previous year SB0429 Engrossed - 5 - LRB094 10668 RSP 41034 b and expected to be produced in the future, the methods used to manage these wastes, the technological feasibility, economic reasonableness and environmental soundness of alternative treatment, storage and disposal methods and any other information required by the Agency Department.

SB0429 Engrossed - 6 - LRB094 10668 RSP 41034 b The Department or the Agency shall hold at least one public hearing before promulgating the regulations.

The rules and regulations shall reflect the best available management technologies which are economically reasonable, SB0429 Engrossed - 7 - LRB094 10668 RSP 41034 b technologically feasible and environmentally sound for the disposal of the wastes and shall establish, but need not be limited to the establishment of:

SB0429 Engrossed - 8 - LRB094 10668 RSP 41034 b (e) All rules adopted under this Section shall be at least as stringent as those promulgated by the U.S.

SB0429 Engrossed - 9 - LRB094 10668 RSP 41034 b (a) No person shall operate any facility for the storage, treatment, or disposal of low-level radioactive wastes away from the point of generation in Illinois without a license granted by the Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency.

In the event that an applicant or licensee proposes modifications to a facility, or in the event that the Director determines that modifications are necessary to conform to the requirements of this Act, the Director may issue any license modifications necessary to protect human health and the SB0429 Engrossed - 10 - LRB094 10668 RSP 41034 b environment and may specify the time allowed to complete the modifications.

6-26-97.) SB0429 Engrossed - 11 - LRB094 10668 RSP 41034 b (420 ILCS 20/9) (from Ch.

In the event that an applicant or permittee proposes modifications of a permit, or in the event that the Director determines that SB0429 Engrossed - 12 - LRB094 10668 RSP 41034 b modifications are necessary to conform with the requirements of the Act, the Director may issue any permit modifications necessary to protect human health and the environment and may specify the time allowed to complete the modifications.

(a) There is hereby created the Low-Level Radioactive Waste SB0429 Engrossed - 13 - LRB094 10668 RSP 41034 b Task Group consisting of the Directors of the Environmental Protection Agency, the Department of Natural Resources, and the Department of Nuclear Safety (or their designees) and 6 additional members designated by the Governor.

SB0429 Engrossed - 14 - LRB094 10668 RSP 41034 b (b) 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.

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 SB0429 Engrossed - 15 - LRB094 10668 RSP 41034 b showing the application of individual criteria;

(3) the current and most reliable projections regarding the costs of the siting, design, development, SB0429 Engrossed - 16 - LRB094 10668 RSP 41034 b construction, operation, closure, decommissioning, and post-closure care of a regional disposal facility;

Land may be volunteered SB0429 Engrossed - 17 - LRB094 10668 RSP 41034 b 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 within a municipality and not within 1 1/2 miles of a municipality.

(e) Upon completion of the site evaluations, the contractor selected by the Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, shall SB0429 Engrossed - 18 - LRB094 10668 RSP 41034 b identify one site of at least 640 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.

At the public meeting or meetings, the contractor selected by the Department of Nuclear Safety or its successor agency, the Illinois Emergency SB0429 Engrossed - 19 - LRB094 10668 RSP 41034 b Management Agency, shall present the results of the evaluation of the proposed site.

SB0429 Engrossed - 20 - LRB094 10668 RSP 41034 b (h) (Blank).

The contractor selected by the Department or the Agency shall propose additional sites and the Task Group shall conduct SB0429 Engrossed - 21 - LRB094 10668 RSP 41034 b 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 10.2, and (ii) the contractor has determined, following characterization, that the site is appropriate for the development of the regional disposal facility.

(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 SB0429 Engrossed - 22 - LRB094 10668 RSP 41034 b the exclusive procedures, criteria, terms, and conditions for those matters.

SB0429 Engrossed - 23 - LRB094 10668 RSP 41034 b (1) $1 per cubic foot of waste shipped for storage, treatment or disposal if storage of the waste for shipment occurred prior to September 7, 1984;

Beginning SB0429 Engrossed - 24 - LRB094 10668 RSP 41034 b with State fiscal year 1986 and through State fiscal year 1997, fees shall be due and payable on January 1st of each year.

If the balance in the Low-Level Radioactive Waste Facility Development and Operation Fund falls below $500,000, as of the end of any fiscal year after fiscal year 2002, the Department is authorized to assess by rule, after notice and a hearing, an additional annual fee to be paid by the owners of nuclear power reactors for which operating licenses have been issued by the Nuclear Regulatory Commission, except that no additional annual fee shall be assessed because of the fund balance at the end of fiscal year 2005.2005 or at the end of fiscal year 2006.

If an operating license is issued during one of those 3 fiscal years, the owner shall pay a prorated amount of the fee equal to $1,117.80 multiplied by the number of days in the fiscal year during which the SB0429 Engrossed - 25 - LRB094 10668 RSP 41034 b nuclear power reactor was licensed.

SB0429 - 25 - LRB094 10668 RSP 41034 b The fee shall be due and payable as follows:

for State SB0429 Engrossed - 26 - LRB094 10668 RSP 41034 b fiscal year 1992, $260,000 payable on July 1, $900,000 payable SB0429 - 26 - LRB094 10668 RSP 41034 b on September 1, $300,000 payable on October 1, $150,000 payable on January 1, and $100,000 payable on April 1;

All of the amounts collected by the Department or the Agency under this subsection (d) shall be deposited into the Low-Level Radioactive Waste Facility Development and Operation SB0429 Engrossed - 27 - LRB094 10668 RSP 41034 b Fund created pursuant to subsection (a) of Section 14 of this SB0429 - 27 - LRB094 10668 RSP 41034 b Act and expended, subject to appropriation, for the purposes provided in that subsection.

For purposes of this subsection (f), the term "costs and expenses" may include, without limitation, (i) direct and indirect costs and expenses for labor, services, equipment, materials, insurance and other risk management costs, interest and other financing charges, SB0429 Engrossed - 28 - LRB094 10668 RSP 41034 b risk management costs, interest and other financing charges, and taxes or fees in lieu of taxes;

Emergency fees may be used to mitigate the impacts of the suspension or interruption of SB0429 Engrossed - 29 - LRB094 10668 RSP 41034 b mitigate the impacts of the suspension or interruption of acceptance of waste for disposal.

(3) grants to the Central Midwest Interstate Low-Level SB0429 Engrossed - 30 - LRB094 10668 RSP 41034 b (3) grants to the Central Midwest Interstate Low-Level Radioactive Waste Commission;

(b) There is hereby created in the State Treasury a special SB0429 Engrossed - 31 - LRB094 10668 RSP 41034 b fund to be known as the "Low-Level Radioactive Waste Facility SB0429 - 31 - LRB094 10668 RSP 41034 b Closure, Post-Closure Care and Compensation Fund".

(6) compensating any person suffering any damages or SB0429 Engrossed - 32 - LRB094 10668 RSP 41034 b losses to a person or property caused by a release from the SB0429 - 32 - LRB094 10668 RSP 41034 b regional disposal facility as provided for in Section 15;

(a) Any person may apply to the Agency Department pursuant SB0429 Engrossed - 33 - LRB094 10668 RSP 41034 b to this Section for compensation of a loss caused by the SB0429 - 33 - LRB094 10668 RSP 41034 b release, in Illinois, of radioactivity from the regional disposal facility.

(c) The following losses shall be compensable under this Section, provided that the Agency Department has found that the claimant has established, by the weight of the evidence, that the losses were proximately caused by the designated release SB0429 Engrossed - 34 - LRB094 10668 RSP 41034 b and are not otherwise compensable under law:

SB0429 - 34 - LRB094 10668 RSP 41034 b (1) One hundred percent of uninsured, out-of-pocket medical expenses, for up to 3 years from the onset of treatment;

In the case of insufficient amounts in the Fund to satisfy claims against the Fund, the General Assembly may appropriate monies to the SB0429 Engrossed - 35 - LRB094 10668 RSP 41034 b Fund in amounts it deems necessary to pay the claims.

SB0429 - 35 - LRB094 10668 RSP 41034 b (Source:

(a) For the purpose of conducting subsurface surveys and other studies under this Act, officers and SB0429 Engrossed - 36 - LRB094 10668 RSP 41034 b surveys and other studies under this Act, officers and employees of the Agency Department and officers and employees of any person under contract or subcontract with the Agency Department shall have the power to enter upon the lands or waters of any person upon written notice to the known owners and occupants, if any.