420 ILCS 37/ Radioactive Waste Tracking and Permitting Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

420 ILCS 37/1

(420 ILCS 37/1)

Sec. 1.

Short title.

This Act may be cited as the Radioactive Waste Tracking and Permitting Act.

(Source: P.A. 88-616, eff. 9-9-94.)

420 ILCS 37/5

(420 ILCS 37/5)

(Text of Section before amendment by P.A. 103-569)

Sec. 5. Legislative findings.

(a) The General Assembly finds:

(1) that a considerable volume of wastes are produced

in this State with even greater volumes to be produced in the future;

(2) that these wastes pose a significant risk to the

public health, safety and welfare of the people of Illinois; and

(3) that it is the obligation of the State of

Illinois to its citizens to provide for the safe management of the wastes produced within its borders.

(b) It is the intent of this Act to authorize the Illinois Emergency Management Agency to establish, by regulation, a tracking system for the regulation of the
use of facilities licensed under Section 8 of the Illinois Low-Level
Radioactive Waste Management Act.

(Source: P.A. 95-777, eff. 8-4-08.)

    (Text of Section after amendment by P.A. 103-569)
    Sec. 5. Legislative findings.
    (a) The General Assembly finds:
        (1) that a considerable volume of wastes are produced

in this State with even greater volumes to be produced in the future;

(2) that these wastes pose a significant risk to the

public health, safety and welfare of the people of Illinois; and

(3) that it is the obligation of the State of

Illinois to its citizens to provide for the safe management of the wastes produced within its borders.

(b) It is the intent of this Act to authorize the Agency to establish, by regulation, a tracking system for the regulation of the use of facilities licensed under Section 8 of the Illinois Low-Level Radioactive Waste Management Act.

(Source: P.A. 103-569, eff. 6-1-24.)

420 ILCS 37/10

(420 ILCS 37/10)

(Text of Section before amendment by P.A. 103-569)

Sec. 10. Definitions.

(a) "Agency" means the Illinois Emergency Management Agency.

(b) "Director" means the Director of the Illinois Emergency Management Agency.

(c) "Disposal" means the isolation of waste from the biosphere in a
permanent facility designed for that purpose.

(d) "Facility" means a parcel of land or a site, together with structures,
equipment, and improvements on or appurtenant to the land or site, that is used
or is being developed for the treatment, storage, or disposal of low-level
radioactive waste.

(e) "Low-level radioactive waste" or "waste" means radioactive waste not
classified as (1) high-level radioactive waste, (2) transuranic waste, (3)
spent nuclear fuel, or (4) byproduct material as defined in Sections 11e(2), 11e(3), and 11e(4) of
the Atomic Energy Act (42 U.S.C. 2014).  This definition shall apply notwithstanding any
declaration by the federal government, a state, or any regulatory agency that any radioactive material
is exempt from any regulatory control.

(f) "Person" means an individual, corporation, business enterprise, or other
legal entity, public or private, or any legal successor, representative, agent,
or agency of that individual, corporation, business enterprise, or legal
entity.

(g) "Regional facility" or "disposal facility" means a facility that is
located in Illinois and established by Illinois, under designation of Illinois
as a
host state by the Commission for disposal of waste.

(h) "Storage" means the temporary holding of waste for treatment or
disposal for a period determined by Agency regulations.

(i) "Treatment" means any method, technique, or process, including storage
for radioactive decay, that is designed to change the physical, chemical, or
biological characteristics or composition of any waste in order to render the
waste safer for transport, storage, or disposal, amenable to recovery,
convertible to another usable material, or reduced in volume.

(Source: P.A. 103-306, eff. 7-28-23.)

    (Text of Section after amendment by P.A. 103-569)
    Sec. 10. Definitions.

(a) "Agency" or "IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homeland Security, or its successor agency.

    (b) "Director" means the Director of the Agency.
    (c) "Disposal" means the isolation of waste from the biosphere in a permanent facility designed for that purpose.

(d) "Facility" means a parcel of land or a site, together with structures, equipment, and improvements on or appurtenant to the land or site, that is used or is being developed for the treatment, storage, or disposal of low-level radioactive waste.

(e) "Low-level radioactive waste" or "waste" means radioactive waste not classified as (1) high-level radioactive waste, (2) transuranic waste, (3) spent nuclear fuel, or (4) byproduct material as defined in Sections 11e(2), 11e(3), and 11e(4) of the Atomic Energy Act (42 U.S.C. 2014). This definition shall apply notwithstanding any declaration by the federal government, a state, or any regulatory agency that any radioactive material is exempt from any regulatory control.

(e-5) "Nuclear facilities" means nuclear power plants, facilities housing nuclear test and research reactors, facilities for the chemical conversion of uranium, and facilities for the storage of spent nuclear fuel or high-level radioactive waste.

(e-10) "Nuclear power plant" or "nuclear steam-generating facility" means a thermal power plant in which the energy (heat) released by the fissioning of nuclear fuel is used to boil water to produce steam.

(e-15) "Nuclear power reactor" means an apparatus, other than an atomic weapon, designed or used to sustain nuclear fission in a self-supporting chain reaction.

(e-20) "Small modular reactor" or "SMR" means an advanced nuclear reactor: (1) with a rated nameplate capacity of 300 electrical megawatts or less; and (2) that may be constructed and operated in combination with similar reactors at a single site.

(f) "Person" means an individual, corporation, business enterprise, or other legal entity, public or private, or any legal successor, representative, agent, or agency of that individual, corporation, business enterprise, or legal entity.

(g) "Regional facility" or "disposal facility" means a facility that is located in Illinois and established by Illinois, under designation of Illinois as a host state by the Commission for disposal of waste.

(h) "Storage" means the temporary holding of waste for treatment or disposal for a period determined by Agency regulations.

(i) "Treatment" means any method, technique, or process, including storage for radioactive decay, that is designed to change the physical, chemical, or biological characteristics or composition of any waste in order to render the waste safer for transport, storage, or disposal, amenable to recovery, convertible to another usable material, or reduced in volume.

(Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24.)

420 ILCS 37/15

(420 ILCS 37/15)

(Text of Section before amendment by P.A. 103-569)

Sec. 15.

Permit requirements for the storage, treatment, and disposal of
waste at a disposal facility.

(a) Upon adoption of regulations under subsection (c) of this Section,
no person
shall deposit any low-level radioactive waste at a storage, treatment, or
disposal facility in Illinois licensed under Section 8 of the Illinois
Low-Level Radioactive Waste Management Act without a permit granted by the Illinois Emergency Management Agency.

(b) Upon adoption of regulations under subsection (c) of this Section,
no person
shall operate a storage, treatment, or disposal facility licensed under Section
8 of the Illinois Low-Level Radioactive Waste Management Act without a permit
granted by the Illinois Emergency Management Agency.

(c) The Illinois Emergency Management Agency shall adopt regulations providing
for the
issuance, suspension, and revocation of permits required under subsections (a)
and (b) of this Section.  The regulations may provide a system for tracking
low-level radioactive
waste to ensure that waste that other states are responsible for disposing of
under federal law does not become the responsibility of the State of Illinois.
The regulations shall be consistent with the Federal Hazardous Materials
Transportation Act.

(d) The Agency may enter into a contract or contracts for operation of
the system for tracking low-level radioactive waste as provided in subsection
(c) of this Section.

(e) A person who violates this Section or any regulation promulgated under
this Section shall be subject to a civil penalty, not to exceed $10,000, for
each violation.  Each day a violation continues shall constitute a separate
offense.  A person who fails to pay a civil penalty imposed by a regulation
adopted under this Section, or any portion of the penalty, is liable in a civil
action in an amount not to exceed 4 times the amount imposed and not paid.  At
the request of the Agency, the Attorney General shall, on behalf of the
State, bring an action for the recovery of any civil penalty provided for by
this Section.  Any civil penalties so recovered shall be deposited in the
Low-Level Radioactive Waste Facility Closure, Post-Closure Care and
Compensation Fund.

(Source: P.A. 95-777, eff. 8-4-08.)

    (Text of Section after amendment by P.A. 103-569)
    Sec. 15. Permit requirements for the storage, treatment, and disposal of waste at a disposal facility.

(a) Upon adoption of regulations under subsection (c) of this Section, no person shall deposit any low-level radioactive waste at a storage, treatment, or disposal facility in Illinois licensed under Section 8 of the Illinois Low-Level Radioactive Waste Management Act without a permit granted by the Agency.

(b) Upon adoption of regulations under subsection (c) of this Section, no person shall operate a storage, treatment, or disposal facility licensed under Section 8 of the Illinois Low-Level Radioactive Waste Management Act without a permit granted by the Agency.

(c) The Agency shall adopt regulations providing for the issuance, suspension, and revocation of permits required under subsections (a) and (b) of this Section. The regulations may provide a system for tracking low-level radioactive waste to ensure that waste that other states are responsible for disposing of under federal law does not become the responsibility of the State of Illinois. The regulations shall be consistent with the Federal Hazardous Materials Transportation Act.

(d) The Agency may enter into a contract or contracts for operation of the system for tracking low-level radioactive waste as provided in subsection (c) of this Section.

(e) A person who violates this Section or any regulation promulgated under this Section shall be subject to a civil penalty, not to exceed $10,000, for each violation. Each day a violation continues shall constitute a separate offense. A person who fails to pay a civil penalty imposed by a regulation adopted under this Section, or any portion of the penalty, is liable in a civil action in an amount not to exceed 4 times the amount imposed and not paid. At the request of the Agency, the Attorney General shall, on behalf of the State, bring an action for the recovery of any civil penalty provided for by this Section. Any civil penalties so recovered shall be deposited in the Low-Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund.

(Source: P.A. 103-569, eff. 6-1-24.)

420 ILCS 37/20

(420 ILCS 37/20)

Sec. 20.

(Repealed).

(Source: P.A. 88-616. Repealed by internal repealer.)

420 ILCS 37/25

(420 ILCS 37/25)

Sec. 25.

(Repealed).

(Source: P.A. 88-616. Repealed by internal repealer.)

420 ILCS 37/40

(420 ILCS 37/40)

Sec. 40.

(Amendatory provisions; text omitted).

(Source: P.A. 88-616, eff. 9-9-94; text omitted.)

420 ILCS 37/50

(420 ILCS 37/50)

Sec. 50.

(Amendatory provisions; text omitted).

(Source: P.A. 88-616, eff. 9-9-94; text omitted.)

420 ILCS 37/55

(420 ILCS 37/55)

Sec. 55.

(Amendatory provisions; text omitted).

(Source: P.A. 88-616, eff. 9-9-94; text omitted.)

420 ILCS 37/60

(420 ILCS 37/60)

Sec. 60.

(Amendatory provisions; text omitted).

(Source: P.A. 88-616, eff. 9-9-94; text omitted.)

420 ILCS 37/99

(420 ILCS 37/99)

Sec. 99.

Effective date.

This Act takes effect upon becoming law.

(Source: P.A. 88-616, eff. 9-9-94.)