2023 Illinois Compiled Statutes › Chapter 420 - NUCLEAR SAFETY › 420 ILCS 35/ - Radioactive Waste Storage Act.

(420 ILCS 35/0.01) (from Ch. 111 1/2, par. 230)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Radioactive Waste Storage Act.
(Source: P.A. 86-1324.)
(420 ILCS 35/0.05)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 0.05. Definitions. In this Act:
"IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homeland Security, or its successor agency.
"Director" means the Director of IEMA-OHS.
"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.
"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.
"Nuclear power reactor" means an apparatus, other than an atomic weapon, designed or used to sustain nuclear fission in a self-supporting chain reaction.
"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.
(Source: P.A. 103-569, eff. 6-1-24.)
(420 ILCS 35/1) (from Ch. 111 1/2, par. 230.1)
(Text of Section before amendment by P.A. 103-569)
Sec. 1. The Director of the Illinois Emergency Management Agency is authorized to acquire by
private purchase, acceptance, or by condemnation in the manner provided
for the exercise of the power of eminent domain under the Eminent Domain Act, any and all lands, buildings and grounds where radioactive
by-products and wastes produced by industrial, medical, agricultural,
scientific or other organizations can be concentrated, stored or
otherwise disposed in a manner consistent with the public health and
safety.
Whenever, in the judgment of the Director of the Illinois Emergency Management Agency, it is
necessary to relocate existing facilities for the construction, operation,
closure or long-term care of a facility for the safe and secure disposal of
low-level radioactive waste, the cost of relocating such existing
facilities may be deemed a part of the disposal facility land acquisition
and the Illinois Emergency Management Agency may, on behalf of the State, pay such
costs.  Existing facilities include public utilities, commercial or
industrial facilities, residential buildings, and such other public or
privately owned buildings as the Director of the Illinois Emergency Management Agency deems necessary
for relocation.  The Illinois Emergency Management Agency is authorized to operate
a relocation program, and to pay such costs of relocation as are provided
in the federal "Uniform Relocation Assistance and Real Property Acquisition
Policies Act", Public Law 91-646.  The Director of the Illinois Emergency Management Agency is
authorized to exceed the maximum payments provided pursuant to the federal
"Uniform Relocation Assistance and Real Property Acquisition Policies Act"
if necessary to assure the provision of decent, safe, and sanitary housing,
or to secure a suitable alternate location.  Payments issued under this
Section shall be made from the Low-level Radioactive Waste Facility
Development and Operation Fund established by the Illinois Low-Level
Radioactive Waste Management Act.
(Source: P.A. 94-1055, eff. 1-1-07; 95-777, eff. 8-4-08.)
(Text of Section after amendment by P.A. 103-569)
Sec. 1. The Director is authorized to acquire by private purchase, acceptance, or by condemnation in the manner provided for the exercise of the power of eminent domain under the Eminent Domain Act, any and all lands, buildings and grounds where radioactive by-products and wastes produced by industrial, medical, agricultural, scientific or other organizations can be concentrated, stored or otherwise disposed in a manner consistent with the public health and safety. Whenever, in the judgment of the Director, it is necessary to relocate existing facilities for the construction, operation, closure or long-term care of a facility for the safe and secure disposal of low-level radioactive waste, the cost of relocating such existing facilities may be deemed a part of the disposal facility land acquisition and the Agency may, on behalf of the State, pay such costs. Existing facilities include public utilities, commercial or industrial facilities, residential buildings, and such other public or privately owned buildings as the Director deems necessary for relocation. The Agency is authorized to operate a relocation program, and to pay such costs of relocation as are provided in the federal "Uniform Relocation Assistance and Real Property Acquisition Policies Act", Public Law 91-646. The Director is authorized to exceed the maximum payments provided pursuant to the federal "Uniform Relocation Assistance and Real Property Acquisition Policies Act" if necessary to assure the provision of decent, safe, and sanitary housing, or to secure a suitable alternate location. Payments issued under this Section shall be made from the Low-level Radioactive Waste Facility Development and Operation Fund established by the Illinois Low-Level Radioactive Waste Management Act.
(Source: P.A. 103-569, eff. 6-1-24.)
(420 ILCS 35/1.5)
Sec. 1.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(420 ILCS 35/2) (from Ch. 111 1/2, par. 230.2)
(Text of Section before amendment by P.A. 103-569)
Sec. 2. The Director of the Illinois Emergency Management Agency may accept, receive, and
receipt for moneys or lands, buildings and grounds for and in behalf of
the State, given by the Federal Government under any federal law to the
State or by any other public or private agency, for the acquisition or
operation of a site or sites for the concentration and storage of
radioactive wastes. Such funds received by the Director pursuant to this
section shall be deposited with the State Treasurer and held and
disbursed by him in accordance with "An Act in relation to the receipt,
custody, and disbursement of money allotted by the United States of
America or any agency thereof for use in this State", approved July 3,
1939, as amended. Provided that such moneys or lands, buildings and
grounds shall be used only for the purposes for which they are
contributed.
(Source: P.A. 95-777, eff. 8-4-08.)
(Text of Section after amendment by P.A. 103-569)
Sec. 2. The Director may accept, receive, and receipt for moneys or lands, buildings and grounds for and in behalf of the State, given by the Federal Government under any federal law to the State or by any other public or private agency, for the acquisition or operation of a site or sites for the concentration and storage of radioactive wastes. Such funds received by the Director pursuant to this section shall be deposited with the State Treasurer and held and disbursed by him in accordance with "An Act in relation to the receipt, custody, and disbursement of money allotted by the United States of America or any agency thereof for use in this State", approved July 3, 1939, as amended. Provided that such moneys or lands, buildings and grounds shall be used only for the purposes for which they are contributed.
(Source: P.A. 103-569, eff. 6-1-24.)
(420 ILCS 35/3) (from Ch. 111 1/2, par. 230.3)
(Text of Section before amendment by P.A. 103-569)
Sec. 3. The Director of the Illinois Emergency Management Agency may lease such
lands, buildings
and grounds as it may acquire under the provisions of this Act to a
private firm or firms for the purpose of operating a site or sites for
the concentration and storage of radioactive wastes or for such other
purpose not contrary to the public interests.
(Source: P.A. 95-777, eff. 8-4-08.)
(Text of Section after amendment by P.A. 103-569)
Sec. 3. The Director may lease such lands, buildings and grounds as it may acquire under the provisions of this Act to a private firm or firms for the purpose of operating a site or sites for the concentration and storage of radioactive wastes or for such other purpose not contrary to the public interests.
(Source: P.A. 103-569, eff. 6-1-24.)
(420 ILCS 35/4) (from Ch. 111 1/2, par. 230.4)
(Text of Section before amendment by P.A. 103-569)
Sec. 4. The operation of any and all sites acquired for the
concentration and storage of radioactive wastes shall be under the
direct supervision of the Illinois Emergency Management Agency 
and shall be in
accordance with regulations promulgated and enforced by the Agency 
to protect the public health and safety.
(Source: P.A. 95-777, eff. 8-4-08.)
(Text of Section after amendment by P.A. 103-569)
Sec. 4. The operation of any and all sites acquired for the concentration and storage of radioactive wastes shall be under the direct supervision of the Agency and shall be in accordance with regulations promulgated and enforced by the Agency to protect the public health and safety.
(Source: P.A. 103-569, eff. 6-1-24.)
(420 ILCS 35/5) (from Ch. 111 1/2, par. 230.5)
(Text of Section before amendment by P.A. 103-569)
Sec. 5. The Director of the Illinois Emergency Management Agency is authorized
to enter into
contracts as he may deem necessary for carrying out the provisions of
this Act.  Such contracts may include the assessment of fees by the Agency.  The fees required shall be established at a rate which
provides an annual amount equal to the anticipated reasonable cost
necessary to maintain, monitor, and otherwise supervise and care for
lands and facilities as required in the interest of public health and
safety.
(Source: P.A. 95-777, eff. 8-4-08.)
(Text of Section after amendment by P.A. 103-569)
Sec. 5. The Director is authorized to enter into contracts as he may deem necessary for carrying out the provisions of this Act. Such contracts may include the assessment of fees by the Agency. The fees required shall be established at a rate which provides an annual amount equal to the anticipated reasonable cost necessary to maintain, monitor, and otherwise supervise and care for lands and facilities as required in the interest of public health and safety.
(Source: P.A. 103-569, eff. 6-1-24.)
(420 ILCS 35/6) (from Ch. 111 1/2, par. 230.6)
(Text of Section before amendment by P.A. 103-569)
Sec. 6. It is recognized by the General Assembly that any site used
for the concentration and storage of radioactive waste material will
represent a continuing and perpetual responsibility in the interests of
the public health, safety and general welfare, and that the same must
ultimately be reposed in a sovereign government without regard for the
existence or nonexistence of any particular agency, instrumentality,
department, division or officer thereof. In all instances lands,
buildings and grounds which are to be designated as sites for the
concentration and storage of radioactive waste materials shall be
acquired in fee simple absolute and dedicated in perpetuity to such
purpose. All rights, title and interest in, of and to any radioactive
waste materials accepted by the Illinois Emergency Management Agency for
permanent storage at such facilities, shall upon acceptance become the
property of the State and shall be in all respects administered,
controlled, and disposed of, including transfer by sale, lease, loan or
otherwise, by the Agency in the name of the State.
All fees received pursuant to contracts entered into by the Illinois Emergency Management Agency 
shall be deposited in the State Treasury and shall be set apart in a
special fund to be known as the "Radioactive Waste Site Perpetual Care
Fund".  Monies deposited in the fund shall be expended by the Illinois Emergency Management Agency 
to monitor and maintain the site as required to protect the public
health and safety on a continuing and perpetual basis.
All payments received by the Department of Nuclear Safety (now the Illinois Emergency Management Agency) pursuant to the
settlement agreement entered May 25, 1988, in the matter of the People of
the State of Illinois, et al. v. Teledyne, Inc., et al. (No. 78 MR 25,
Circuit Court, Bureau County, Illinois) shall be held by the State
Treasurer separate and apart from all public moneys or funds of the State,
and shall be used only as provided in such settlement agreement.
(Source: P.A. 95-777, eff. 8-4-08.)
(Text of Section after amendment by P.A. 103-569)
Sec. 6. It is recognized by the General Assembly that any site used for the concentration and storage of radioactive waste material will represent a continuing and perpetual responsibility in the interests of the public health, safety and general welfare, and that the same must ultimately be reposed in a sovereign government without regard for the existence or nonexistence of any particular agency, instrumentality, department, division or officer thereof. In all instances lands, buildings and grounds which are to be designated as sites for the concentration and storage of radioactive waste materials shall be acquired in fee simple absolute and dedicated in perpetuity to such purpose. All rights, title and interest in, of and to any radioactive waste materials accepted by the Agency for permanent storage at such facilities, shall upon acceptance become the property of the State and shall be in all respects administered, controlled, and disposed of, including transfer by sale, lease, loan or otherwise, by the Agency in the name of the State. All fees received pursuant to contracts entered into by the Agency shall be deposited in the State Treasury and shall be set apart in a special fund to be known as the "Radioactive Waste Site Perpetual Care Fund". Monies deposited in the fund shall be expended by the Agency to monitor and maintain the site as required to protect the public health and safety on a continuing and perpetual basis. All payments received by the Department of Nuclear Safety (now the Agency) pursuant to the settlement agreement entered May 25, 1988, in the matter of the People of the State of Illinois, et al. v. Teledyne, Inc., et al. (No. 78 MR 25, Circuit Court, Bureau County, Illinois) shall be held by the State Treasurer separate and apart from all public moneys or funds of the State, and shall be used only as provided in such settlement agreement.
(Source: P.A. 103-569, eff. 6-1-24.)