SB2639 94TH GENERAL ASSEMBLY

LRB094 14573 RSP 49516 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2639

Introduced 1/20/2006, by Sen. Susan Garrett

SYNOPSIS AS INTRODUCED:

45 ILCS 141/25
45 ILCS 141/30
45 ILCS 141/31

Amends the Radioactive Waste Compact Enforcement Act to reflect the Illinois Emergency Management Agency's assumption of duties assigned to the Agency's predecessor, the Department of Nuclear Safety. Effective immediately.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Radioactive Waste Compact Enforcement Act is amended by changing Sections 25, 30, and 31 as follows:

(45 ILCS 141/25)

Sec. 25. Enforcement.

(a) The Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, shall adopt regulations to administer and enforce the provisions of this Act. The regulations shall be adopted with the consultation and cooperation of the Commission.

Regulations adopted by the Department or the Agency under this Act shall prohibit the shipment into or acceptance of waste in Illinois if the shipment or acceptance would result in a violation of any provision of the Compact or this Act.

(b) The Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, may, by regulation, impose conditions on the shipment into or acceptance of waste in Illinois that the Department or the Agency determines to be reasonable and necessary to enforce the provisions of this Act. The conditions may include, but are not limited to (i) requiring prior notification of any proposed shipment or receipt of waste; (ii) requiring the shipper or recipient to identify the location to which the waste will be sent for disposal following treatment or storage in Illinois; (iii) limiting the time that waste from outside Illinois may be held in Illinois; (iv) requiring the shipper or recipient to post bond or by other mechanism to assure that radioactive material will not be treated, stored, or disposed of in Illinois in violation of any provision of this Act; (v) requiring that the shipper consent to service of process before shipment of waste into Illinois.

(c) The Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, shall, by regulation, impose a system of civil penalties in accordance with the provisions of this Act. Amounts recovered under these regulations shall be deposited in the Low-Level Radioactive Waste Facility Development and Operation Fund.

(d) The regulations adopted by the Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, may provide for the granting of exemptions, but only upon a showing by the applicant that the granting of an exemption would be consistent with the Compact.

(Source: P.A. 87-1166.)

(45 ILCS 141/30)

Sec. 30. Penalties.

(a) Any person who ships or receives radioactive material in violation of any provision of this Act or a regulation of the Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, adopted under this Act shall be subject to a civil penalty not to exceed $100,000 per occurrence.

(b) Any person who fails to pay a civil penalty imposed by regulations adopted under this Act, or any portion of the penalty, shall be liable in a civil action in an amount not to exceed 4 times the amount imposed and not paid.

(c) Any person who intentionally violates a provision of subsection (a)(1), (a)(2), (a)(3), (a)(4) or (a)(6) of Section 20 of this Act shall be guilty of a Class 4 felony.

(d) At the request of the Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, the Attorney General shall, on behalf of the State, bring an action for the recovery of any civil penalty or the prosecution of any criminal offense provided for by this Act. Any civil penalties so recovered shall be deposited in the Low-Level Radioactive Waste Facility Development and Operation Fund.

(Source: P.A. 87-1166.)

(45 ILCS 141/31)

Sec. 31. The Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, may accept donations of money, equipment, supplies, materials, and services from any person for accomplishing the purposes of this Act. Any donation of money shall be deposited in the Low-Level Radioactive Waste Facility Development and Operation Fund and shall be expended by the Department only in accordance with the purposes of the donation.

(Source: P.A. 87-1166.)

Section 99. Effective date. This Act takes effect upon becoming law.