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90_HB2214enr
415 ILCS 5/3.86
Amends the Environmental Protection Act to make a
technical change.
LRB9004200DPcc
HB2214 Enrolled LRB9004200DPcc
1 AN ACT to amend the Uranium and Thorium Mill Tailing
2 Control Act by changing Section 15 and adding Section 32.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Uranium and Thorium Mill Tailing Control
6 Act is amended by changing Section 15 and adding Section 32
7 as follows:
8 (420 ILCS 42/15)
9 Sec. 15. Storage fees.
10 (a) Beginning January 1, 1994, an annual fee shall be
11 imposed on the owner or operator of any property that has
12 been used in whole or in part for the milling of source
13 material and is being used for the storage or disposal of
14 by-product material, equal to $2 per cubic foot of by-product
15 material being stored or disposed of by the facility. After a
16 facility is cleaned up in accordance with the Department's
17 radiological soil clean-up criteria, no fee shall be due,
18 imposed upon, or collected from an owner. No fee shall be
19 imposed, however, upon any by-product material moved to a
20 facility in contemplation of the subsequent removal of the
21 by-product material pursuant to law or upon any by-product
22 material moved to a facility in contemplation of processing
23 the material through a physical separation facility if the
24 material has not been present at the facility for more than
25 180 days. No fees shall be collected from any State, county,
26 municipal, or local governmental agency. In connection with
27 settling litigation regarding the amount of the fee to be
28 imposed, the Director may enter into an agreement with the
29 owner or operator of any facility specifying that the fee to
30 be imposed shall not exceed $26,000,000 in any calendar year.
31 The storage fees assessed under this Section are separate and
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1 distinct from any license fees imposed under Section 11 of
2 the Radiation Protection Act of 1990.
3 The fee shall be due on June 1 of each year or at such
4 other times in such installments as the Director may provide
5 by rule. To facilitate the expeditious removal of by-product
6 material, rules establishing payment dates or schedules may
7 be adopted as emergency rules under Section 5-45 of the
8 Administrative Procedure Act. The fee shall be collected and
9 administered by the Department, and shall be deposited into
10 the By-product Material Safety Fund, which is created as an
11 interest bearing special fund in the State Treasury. Amounts
12 in the By-product Material Safety Fund not currently required
13 to meet the obligations of the Fund shall be invested as
14 provided by law and all interest earned from investments
15 shall be retained in the Fund.
16 (b) Moneys in the By-product Material Safety Fund may be
17 expended by the Department for only the following purposes
18 and only as the moneys relate to by-product material
19 attributable to the owner or operator who pays the moneys
20 into the Fund:
21 (1) the costs of monitoring, inspecting, and
22 otherwise regulating the storage and disposal of
23 by-product material, wherever located;
24 (2) the costs of undertaking any necessary
25 maintenance, decommissioning activities, cleanup,
26 responses to radiation emergencies, or remedial action
27 that would otherwise be required of the owner or operator
28 by law or under a license amendment or condition may be
29 necessary in connection with by-product materials;
30 (3) the costs that would otherwise be required of
31 the owner or operator, by law or under a license
32 amendment or condition, incurred by the State arising
33 from the transportation of the by-product material from a
34 storage or unlicensed disposal location to a licensed
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1 permanent disposal facility; and
2 (4) reimbursement to the owner or operator of any
3 facility used for the storage or disposal of by-product
4 material for costs incurred by the owner or operator in
5 connection with the decontamination or decommissioning of
6 the storage or disposal facility or other properties
7 contaminated with by-product material. However, the
8 amount of the reimbursements paid to the owner or
9 operator of a by-product material storage or disposal
10 facility shall not be reduced for any amounts recovered
11 by the owner or operator pursuant to Title X of the
12 federal Energy Policy Act of 1992 and shall not exceed
13 the amount of money paid into the Fund by that owner or
14 operator plus the interest accrued in the Fund
15 attributable to amounts paid by that owner or operator.
16 An owner or operator who incurs costs in connection with
17 the decontamination or decommissioning of the storage or
18 disposal facility or other properties contaminated with
19 by-product material is entitled to have those costs promptly
20 reimbursed from the Fund as provided in this Section. In the
21 event the owner or operator has incurred reimbursable costs
22 for which there are not adequate moneys in the Fund with
23 which to provide reimbursement, the Director shall reduce the
24 amount of any fee payable in the future imposed under this
25 Act by the amount of the reimbursable expenses incurred by
26 the owner or operator. An owner or operator of a facility
27 shall submit requests for reimbursement to the Director in a
28 form reasonably required by the Director. Upon receipt of a
29 request, the Director shall give written notice approving or
30 disapproving each of the owner's or operator's request for
31 reimbursement within 60 days. The Director shall approve
32 requests for reimbursement unless the Director finds that the
33 amount is excessive, erroneous, or otherwise inconsistent
34 with paragraph (4) of this subsection or with any license or
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1 license amendments issued in connection with that owner's or
2 operator's decontamination or decommissioning plan. If the
3 Director disapproves a reimbursement request, the Director
4 shall set forth in writing to the owner or operator the
5 reasons for disapproval. The owner or operator may resubmit
6 to the Department a disapproved reimbursement request with
7 additional information as may be required. Disapproval of a
8 reimbursement request shall constitute final action for
9 purposes of the Administrative Review Law unless the owner or
10 operator resubmits the denied request within 35 days. To the
11 extent there are funds available in the Fund, Upon approval
12 of a reimbursement request the Director shall prepare and
13 certify to the Comptroller the disbursement of the approved
14 sums from the By-Product Material Safety Fund to the owners
15 or operators or, if there are insufficient funds available,
16 the Director shall off-set future fees otherwise payable by
17 the owner or operator by the amount of the approved
18 reimbursable expenses.
19 (c) To the extent that costs identified in parts (1),
20 (2), and (3) of subsections (b) are recovered by the
21 Department under the Radiation Protection Act of 1990 or its
22 rules, the Department shall not use money in the By-product
23 Material Safety Fund to cover these costs.
24 (d) The provisions directing the expenditures from the
25 By-product Material Safety Fund provided for in this Section
26 shall constitute an irrevocable and continuing appropriation
27 to the Department of Nuclear Safety solely for the purposes
28 as provided in this Section. The State Treasurer and State
29 Comptroller are hereby authorized and directed to pay
30 expenditures or record in their records any offset approved
31 by the Director as provided in this Section.
32 (Source: P.A. 87-1024; 88-638, eff. 9-9-94.)
33 (420 ILCS 42/32 new)
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1 Sec. 32. Limitations on groundwater and property use.
2 (a) In connection with the decommissioning of a source
3 material milling facility or the termination of the
4 facility's license, the Department shall have the authority
5 to adopt by rule, or impose by order or license amendment or
6 condition, restrictions on the use of groundwater on any
7 property that has been licensed for the milling of source
8 material and any property downgradient from the property that
9 has been licensed for the milling of source material where
10 the groundwater impacted by a licensed facility has
11 constituents above naturally-occurring levels and is in
12 excess of the groundwater standards enforceable by the
13 Department.
14 (b) In connection with the decommissioning of a source
15 material milling facility or the termination of the
16 facility's license, the Department shall have the authority
17 to adopt by rule, or impose by order or license amendment or
18 condition, restrictions on property that has been licensed
19 for the milling of source material where the soil has
20 constituents above naturally-occurring levels to limit or
21 prohibit:
22 (1) the construction of basements or other similar
23 below-ground structures, other than footings or pilings,
24 on any portion of the property where elevated levels of
25 the constituents are present in the soil; and
26 (2) the excavation of soil from a portion of the
27 property where elevated levels of the constituents are
28 present in the excavated soil, unless the excavated soil
29 is (i) disposed of in a facility licensed or permitted to
30 dispose of that soil or (ii) returned to the approximate
31 depth from which it was excavated and covered with an
32 equivalent cover.
33 (c) The authority granted to the Department under this
34 Section is intended to secure the greatest protection of the
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1 public health and safety practicable in the decommissioning
2 of a source material milling facility or the termination of
3 the facility's license and shall be in addition to the
4 authority granted under the Radiation Protection Act of 1990.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.