(420 ILCS 20/5) (from Ch. 111 1/2, par. 241-5)
Sec. 5. Requirements for disposal facility contractors; operating
agreements.
(a) The Agency shall promulgate rules and regulations establishing
standards applicable to the selection of a contractor or contractors for the
design, development, construction, and operation of a low-level radioactive
waste disposal facility away from the point of generation necessary to protect
human health and the environment. The regulations shall establish, but need
not be limited to, the following:
(1) The number of contractors to design, develop, and |
| operate a low-level radioactive waste disposal facility;
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(2) Requirements and standards relating to the
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| financial integrity of the firm;
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(3) Requirements and standards relating to the
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| experience and performance history of the firm in the design, development, construction and operation of low-level radioactive waste disposal facilities; and
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(4) Requirements and standards for the qualifications
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| of the employees of the firm.
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The Agency shall hold at least one public hearing before promulgating
the regulations.
(b) The Agency may enter into one or more operating agreements
with a qualified operator of the regional disposal facility, which agreement
may contain such provisions with respect to the construction, operation,
closure, and post-closure maintenance of the regional disposal facility by the
operator as the Agency shall determine, including, without limitation, (i)
provisions leasing, or providing for the lease of, the site to the operator and
authorizing the operator to construct, own and operate the facility and to
transfer the facility to the Agency following closure and any additional
years of post-closure maintenance that the Agency shall determine; (ii)
provisions granting exclusive rights to the operator with respect to the
disposal of low-level radioactive waste in this State during the term of the
operating agreement; (iii) provisions authorizing the operator to impose fees
upon all persons using the facility as provided in this Act and providing for
the Agency to audit the charges of the operator under the operating
agreement; and (iv) provisions relating to the obligations of the operator and
the Agency in the event of any closure of the facility or any termination
of the operating agreement.
(Source: P.A. 95-777, eff. 8-4-08.)
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