Section 609.90  Exemptions

a)         Any person may apply to the Department for an exemption from the requirements of this Part.

b)         A request for an exemption shall be in writing and shall state with particularity the reasons why granting such an exemption would be consistent with the provisions of this Part and the Compact.  A copy of the request shall be filed with the Commission.

c)         Exemptions shall only be granted by the Department upon an express finding by the Department that granting the exemption would be consistent with the provisions of this Part and the Compact.  In making such determinations, the Department shall consider the recommendations, if any, of the Commission.

d)         Exemptions granted under this Part may be limited in scope or duration, or may be conditional, providing that such limits or conditions are consistent with the Compact.

e)         Any exemption granted under this Part shall not be in conflict with any provision of the Illinois Low-Level Radioactive Waste Management Act [420 ILCS 20], the Radioactive Waste Tracking and Permitting Act [420 ILCS 37], the Central Midwest Interstate Low-Level Radioactive Waste Compact Act [45 ILCS 140], the Radioactive Waste Compact Enforcement Act [45 ILCS 141], or the federal Low-Level Radioactive Waste Policy Amendment Act of 1985 [P.L. 99-240].

f)          The Department shall provide the Commission with written notice of any exemption granted pursuant to this Part.

(Source:  Amended at 24 Ill. Reg. 18191, effective December 1, 2000)