420 ILCS 20/6

(420 ILCS 20/6) (from Ch. 111 1/2, par. 241-6)

Sec. 6. Requirements for disposal facility.

(a) The Agency shall as it
deems necessary to protect human health and the environment,
promulgate rules and regulations establishing standards applicable to
the regional disposal facility. The rules
and regulations shall reflect the best available management technologies which
are economically reasonable, technologically feasible and environmentally sound
for the disposal of the wastes and shall establish, but need not be limited to
the establishment of:

(1) requirements and performance standards for the

design, construction, operation, maintenance and monitoring of the low-level radioactive waste disposal facility;

(2) requirements and standards for the keeping of

records and the reporting and retaining of data collected by the contractor selected to operate the disposal facility;

(3) requirements and standards for the technical

qualifications of the personnel of the contractor selected to develop and operate the disposal facility;

(4) requirements and standards for establishing the

financial responsibility of the contractor selected to operate the disposal facility;

(5) requirements and standards for the emergency

closure of the disposal facility; and

(6) requirements and standards for the closure,

decommissioning and post-closure care, monitoring, maintenance and use of the disposal facility.

(b) The regulations shall include provisions requiring that the contractor
selected to operate the disposal facility post a performance bond with the Agency
 or show evidence of liability insurance or other means of
establishing financial responsibility in an amount sufficient to adequately
provide for any necessary remedial actions or liabilities that might be
incurred by the operation of the disposal facility during the operating period
and during a reasonable period of post-closure care.

(c) The regulations adopted for the requirements and performance
standards of a disposal facility shall not provide for the shallow land
burial of low-level radioactive wastes.

(d) The Agency shall hold at least one public hearing
before adopting rules under this Section.

(e) All rules adopted under this
Section shall
be at least as stringent as those promulgated by the U.S. Nuclear Regulatory
Commission under the Atomic Energy Act of 1954 (42 U.S.C. 2014) and any
other applicable federal laws.

(f) The State of Illinois shall have no liability to any person
or entity by
reason of a failure, delay, or cessation in the operation of the disposal
facility.

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