reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 32 - ENERGY › Part 601 - LICENSING REQUIREMENTS FOR A LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY › Subpart C - FACILITY CLOSURE AND LICENSE TERMINATION › Section 601.340 - Termination of License and Site Transfer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Following the period of post-closure care
				specified in Section
				601.330,
				the licensee shall submit a report to the Agency regarding the projected long
				term performance of the disposal site and shall apply for an amendment to
				terminate the license and transfer the title and custody of the facility to the
				State.
b) This application will be
				reviewed in accordance with the provisions of this Part and 32 Ill. Adm. Code
				330.
c) A license will be
				terminated only if the Agency finds that:
1)
				The requirements of 32 Ill. Adm. Code 330 and this Part have been
				met;
2) The closure of the disposal
				facility has been made in conformance with the licensee's closure plan, as
				amended and approved as part of the license;
3) The performance objectives of this Part
				are met;
4) Any additional
				requirements resulting from new information developed during the post-closure
				period have been met and permanent monuments or markers warning against
				intrusion have been installed;
5)
				The licensee has met all contractual requirements;
6) Facility records and any funds held by the
				licensee for the institutional control plan have been transferred to the
				State;
7) The post-closure
				monitoring program is operational for implementation by the State agency that
				will assume responsibility for institutional control of the disposal site;
				and
8) The State agency that will
				assume responsibility for institutional control of the disposal site is
				prepared to assume responsibility and ensure that the institutional control
				requirements found necessary under Section
				601.90
				will be met.
Illinois Administrative Code › Title 32 - ENERGY › Part 605 - STANDARDS FOR SELECTION OF CONTRACTORS › Section 605.10 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part sets out the standards the Illinois Emergency
				Management Agency (Agency) will use when selecting a contractor for the design,
				development, construction, operation and closure of the low-level radioactive
				waste disposal facility envisioned by the Illinois Low-Level Radioactive Waste
				Management Act. (Act) [420 ILCS 20 ]. The Agency will issue a Request for
				Proposals for the project. It is the intent of the Agency that the project will
				be awarded to the proposer whose proposal, based on the standards of this Part,
				will result in a low-level radioactive waste disposal facility that furthers
				the interests of the State of Illinois, as stated in Section 2 of the Act.
				Illinois is a member of the Central Midwest Interstate Low-Level Radioactive
				Waste Compact and has been designated as the host state for a regional
				low-level radioactive waste disposal facility. Therefore, when selecting the
				proposal that will suit Illinois' needs, the Agency will also evaluate the
				proposal with respect to implementation of policies and recommendations adopted
				by the Central Midwest Interstate Low-Level Radioactive Waste Compact
				Commission, to the extent that those policies and recommendations are not
				inconsistent with Illinois standards expressed by the Act and 32 Ill. Adm. Code
				340, 341, 400 and 601.
Illinois Administrative Code › Title 32 - ENERGY › Part 605 - STANDARDS FOR SELECTION OF CONTRACTORS › Section 605.20 - Number of Contractors; Use of Subcontractors

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall initiate contract
			 negotiations with the single proposer or joint venture that has submitted the
			 overall contract proposal that best conforms to the standards specified in this
			 Part. However, if, based on the criteria stated in this Part, the Agency
			 determines that none of the proposals submitted will serve the interests of the
			 State of Illinois, as stated in Section 2 of the Act, the Agency shall not be
			 required to accept any of the proposals. A time limit of one hundred and eighty
			 (180) days has been established as the allowable negotiation period. If the
			 negotiations are not completed within this period, the Agency may extend the
			 negotiation period with the selected proposer. Furthermore, if a contract
			 cannot be negotiated with the first proposer selected, the Agency may either
			 initiate contract negotiations with another proposer or reissue the Request for
			 Proposals. The Agency reserves the right to terminate negotiations prior to the
			 end of the negotiation period or extend the negotiations.
b) When evaluating proposals, the Agency
			 shall consider the proposed use of subcontractors and consultants.
			 Specifically, the Agency shall determine, based on the criteria set out in this
			 Part, whether the proposed use of subcontractors and consultants will further
			 the interests of the State of Illinois, as stated in Section 2 of the Act. The
			 Agency shall not select any proposal that calls for the subcontracting of
			 facility operation. Subcontractors will be evaluated against the same standards
			 as contractors, but only to the extent that the standards apply to the specific
			 responsibilities assigned to the subcontractor as set out in the
			 proposal.
Illinois Administrative Code › Title 32 - ENERGY › Part 605 - STANDARDS FOR SELECTION OF CONTRACTORS › Section 605.30 - Financial Integrity

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 proposer who is selected to be contractor shall establish that it has the
			 financial resources necessary to design, develop, construct, operate and close
			 the low-level radioactive waste disposal facility. In addition, the proposer
			 must have resources sufficient to meet the contractor's obligations regarding
			 closure and post-closure (32 Ill. Adm. Code 601). Further, because it is likely
			 that the low-level waste disposal facility will receive mixed waste (i.e.,
			 waste that has both radioactive and hazardous components), when evaluating the
			 financial integrity of the proposers, the Agency shall establish whether the
			 firm is capable of meeting the financial requirements of 35 Ill. Adm. Code 724.
			 Specifically, the Agency shall negotiate a contract only with a proposer that
			 is capable of meeting either of the following two financial tests:
1) Test One: The proposer must have:
A) Two of the following three ratios:
i) a ratio of total liabilities to net worth
			 less than 2.0;
ii) a ratio of the
			 sum of net income plus depreciation, depletion and amortization to total
			 liabilities greater than 0.1;
iii)
			 a ratio of current assets to current liabilities greater than
			 1.5; and
Illinois Administrative Code › Title 32 - ENERGY › Part 605 - STANDARDS FOR SELECTION OF CONTRACTORS › Section 605.40 - Experience of the Firm; Performance History Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency shall select as contractor a
			 proposer who has demonstrated an ability to design, develop, construct, operate
			 and close a low-level radioactive waste disposal facility that incorporates the
			 best available management technologies that are economically reasonable,
			 technologically feasible and environmentally sound. When evaluating whether a
			 proposer has demonstrated this ability, the Agency shall evaluate the
			 proposer's experience developing and operating a low-level radioactive waste
			 storage, treatment or disposal facility. If a proposer does not have experience
			 in both the development and operation of a low-level radioactive waste disposal
			 facility, the Agency shall evaluate the proposer's experience as either a
			 low-level radioactive waste disposal facility developer or as a disposal
			 facility operator, or the proposer's experience in radioactive materials
			 management, hazardous materials management, nuclear fuel cycle facility design,
			 construction, or operation, or other related experience presented by the
			 proposer.
b) The proposer shall
			 provide a complete performance history of its activities as described in
			 subsection (a). When evaluating the proposer's experience, the Agency shall
			 consider for each project:
1) general
			 information about the project, including:
A)
			 the facility and its location;
B)
			 the capacity of the facility;
C)
			 the actual performance of the facility;
D) the type of storage, treatment or disposal
			 method used;
E) the proposer's role
			 in the project (i.e., design, construction, operation);
F) project initiation and completion
			 dates;
G) current facility status
			 and, if closed, the reason for closure;
H) the proposer's client;
I) current facility manager business address
			 and phone;
Illinois Administrative Code › Title 32 - ENERGY › Part 605 - STANDARDS FOR SELECTION OF CONTRACTORS › Section 605.50 - Management Qualifications of the Firm

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall select as a contractor a proposer who
				possesses and will apply the project management resources, procedures, and
				expertise necessary to assure that the low-level radioactive waste disposal
				facility will be designed, developed, constructed, operated and closed
				according to the schedule contained in the proposal. To evaluate whether a
				proposer meets the requisite management qualifications, the Agency will review
				the proposed system of management and cost and quality control, the proposer's
				record of experience and expertise in managing projects of similar magnitude
				and scope, the proposed project schedules and resources dedicated to
				accomplishment of each task, the proposed system of quality control checks,
				financial controls, cost accounting procedures, and efficient use of time and
				personnel, by evaluating such things as the proposer's schedule of completion
				against statutory deadlines and also by examining the proposer's estimated
				costs. The Agency will also review the organizational chart submitted by the
				proposer, which shall identify the key management positions in the project, the
				responsibilities assigned to each position, the chain of responsibility in the
				project management team, and the procedures that would be used to assure
				accountability and control of all phases of the project. In addition, the
				Agency shall consider any other information provided by the
				proposer.
Illinois Administrative Code › Title 32 - ENERGY › Part 605 - STANDARDS FOR SELECTION OF CONTRACTORS › Section 605.60 - Qualifications of the Employees of the Firm

Current through Register Vol. 48, No. 28, July 12, 2024
a) Because the contractor and its
			 subcontractors will be responsible for performing a variety of activities, as
			 set forth in this Part and 32 Ill. Adm. Code 601, ranging from designing a
			 facility to negotiating plans for impact assistance with local governments,
			 when selecting a contractor to design, develop, construct, operate and close a
			 low-level radioactive waste disposal facility, the Agency will only select a
			 proposer that has or will obtain a qualified staff that will be assigned to the
			 project and that meets the requirements of this Section. The employee
			 qualifications listed in this Section are minimum requirements for the
			 contractor and must be met collectively by the contractor's staff; the
			 qualifications need not be met by a single individual.
1) Project Manager
A) The contractor selected shall have an
			 identified individual (or individuals) who will act as Project Manager for the
			 designing, development, construction, operation and closure of the low-level
			 radioactive waste disposal facility.
B) The Project Manager will be required to
			 work with the Agency to ensure that the project is proceeding in accordance
			 with the provisions of the contract and in accordance with the requirements of
			 the Act.
C) The Project Manager
			 will also be responsible for organizing, managing and coordinating the staff of
			 both the contractor and the subcontractors. To assure that the Project Manager
			 is capable of fulfilling these responsibilities, the Project Manager must have
			 previous managerial experience on a project of similar magnitude and complexity
			 (i.e., project of similar budget, duration, staffing, and regulatory
			 complexity). The Project Manager must have been manager of a project that
			 involved supervision of at least 30 professional (engineering or other
			 technical) employees. Additionally, the Project Manager must be familiar with
			 federal, State and local requirements applicable to radioactive or hazardous
			 waste disposal, or with radioactive materials licensing. The Project Manager's
			 familiarity with these regulatory requirements shall have been obtained through
			 involvement on previous projects.
Illinois Administrative Code › Title 32 - ENERGY › Part 605 - STANDARDS FOR SELECTION OF CONTRACTORS › Section 605.70 - Socioeconomic Merit of Proposal

Current through Register Vol. 48, No. 28, July 12, 2024
The proposer who is selected to be contractor for the design,
				development, construction, operation and closure of the low-level radioactive
				waste disposal facility will be required to develop a plan that, if executed,
				would assure that the community hosting a low-level radioactive waste disposal
				facility would realize benefits. In order to ensure that the contractor
				selected is capable of developing such a plan, the Agency will evaluate the
				proposed plan for identifying and addressing local concerns, providing public
				information and a forum for public involvement, and designing and negotiating
				programs for incentives and compensation to the host community.
a) Public Information Plan. The Agency shall
			 evaluate the proposer's public information plan by establishing whether the
			 plan contains the following:
1) A program for
			 explaining both the potential risks and benefits associated with low-level
			 radioactive waste disposal and the proposer's approach for minimizing the
			 risks;
2) A method for effectively
			 identifying all interested or potentially affected parties; and
3) A plan for development and distribution of
			 sufficient, accurate, and understandable informational materials to permit and
			 encourage public participation in the site development process.
Illinois Administrative Code › Title 32 - ENERGY › Part 605 - STANDARDS FOR SELECTION OF CONTRACTORS › Section 605.80 - Method of Disposal

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall select as a contractor a proposer who is
				capable of designing, constructing, operating, and closing a low-level
				radioactive waste disposal facility that does not incorporate the use of
				shallow land burial or deep well injection and that will further the objective
				of providing for the management of these wastes in the safest manner possible
				and in a manner that creates the least risk to human health and the environment
				of Illinois [420 ILCS
				20/2(b) ]. For purposes of this
				Section, shallow land burial has the same definition ascribed in Section 3 of
				the Act. The Agency will establish whether a proposer is capable of designing
				such a facility by evaluating a reference facility design submitted by the
				proposer as part of its proposal. The reference facility design shall briefly
				and concisely describe for consideration by the Agency the proposer's concept
				of the best available technology that is economically reasonable,
				technologically feasible, and environmentally sound for the disposal of
				low-level radioactive waste. The reference facility design shall include
				schematic drawings and narrative descriptions only in sufficient detail to
				permit an evaluation by the Agency of the technical merit of the design and the
				knowledge and expertise of the proposer. The reference facility design shall
				specifically address the role and performance of the engineered features in
				enhancing long-term isolation, monitoring, retrievability or remedial action
				and minimizing exposure to personnel. Reference facility designs shall be
				evaluated according to the following criteria:
a) Disposal Facility Design
1) To determine whether the proposer has
			 demonstrated an ability to meet the design constraints of 32 Ill. Adm. Code 601
			 and the Act, the Agency will request each proposer to submit a reference
			 facility design.
2) To make this
			 determination, the Agency will then evaluate the reference design to determine
			 whether the proposer has applied the following criteria:
A) Incorporation of multiple engineered
			 features to provide structural integrity, prevent release of material from
			 engineered containment, and provide radiation shielding;
B) Incorporation of design elements that
			 reduce the amount of waste on site and not permanently disposed of and that
			 minimize the time waste is held on site prior to disposal;
C) Promotion of worker safety, including
			 minimization of worker radiation dose to as low as is reasonably
			 achievable;
D) Disposal capacity
			 sufficient to accommodate the anticipated waste volume;
E) Ability of the facility to accommodate
			 waste that is of unusual volume or shape;
F) Ability of the facility to accommodate
			 mixed waste (i.e., waste that has both radioactive and chemically hazardous
			 components); and
G) Flexibility to
			 accommodate waste streams and volumes not currently identified.
Illinois Administrative Code › Title 32 - ENERGY › Part 605 - STANDARDS FOR SELECTION OF CONTRACTORS › Section 605.90 - Procedures for Soliciting Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The Agency shall issue a Request for Proposals for contractors to design,
			 develop, construct, operate and close a low-level radioactive waste disposal
			 facility.
b) The deadline for
			 receiving proposals shall be no earlier than 60 days from the date that the
			 proposal announcement is first published in the official state
			 newspaper.
c) All proposals
			 received by the Agency by the submission date set forth in the Request for
			 Proposals will be catalogued and distributed by the Agency for review and
			 evaluation. All proposals will then be reviewed by the Agency, Agency staff,
			 and such experts outside the Agency as may be needed. Following the receipt of
			 proposals, the Agency will review all proposals with respect to completeness
			 and conformance with the instructions and requirements specifically indicated
			 in the Request for Proposals. Proposals that are deemed incomplete or
			 non-conforming with instructions and requirements of the Request for Proposals
			 may not be given further evaluation. The Agency reserves the right to reject
			 any or all proposals and to waive any irregularity, variance, or informality,
			 whether technical or substantive in nature. All proposals will be equally
			 evaluated with respect to the completeness of the data provided, the support
			 for the performance claims made, and the criteria established for evaluation in
			 the Request for Proposals according to the Act and related rules (32 Ill. Adm.
			 Code 601).
d) The Agency shall
			 reject, without consideration of the merits, any proposal that is not
			 accompanied by an acceptable ($1,000,000) proposal guaranty. The proposal
			 guaranty is acceptable if it is in any of the following forms:
1) A certified check, drawn on a solvent
			 commercial bank or trust company to the order of the Illinois Emergency
			 Management Agency;
2) A bank check,
			 drawn on a solvent commercial bank or trust company, to the order of the
			 Illinois Emergency Management Agency;
3) An irrevocable letter of credit issued by
			 a solvent commercial bank or trust company; or
4) A bond executed by a corporate surety
			 company authorized to do business in the State of Illinois.
Illinois Administrative Code › Title 32 - ENERGY › Part 605 - STANDARDS FOR SELECTION OF CONTRACTORS › Section 605.110 - Verification of Statements; Material False Statements

Current through Register Vol. 48, No. 28, July 12, 2024
a) When evaluating proposals, the Agency may
			 request and consider the advice and knowledge of others, such as
			 representatives of local government, other State agencies and technical
			 consultants, in order to verify the validity of statements made in the proposal
			 and to evaluate the proposer's efforts to satisfy the standards.
b) The Agency shall not select as contractor
			 any proposer who submits a proposal that contains material false statements or
			 material omissions. A false statement or omission is material if it prevents
			 the Agency from making an informed and accurate assessment of the proposer's
			 ability to meet the criteria.
Illinois Administrative Code › Title 32 - ENERGY › Part 605 - STANDARDS FOR SELECTION OF CONTRACTORS › Section 605.120 - Performance Guaranty

Current through Register Vol. 48, No. 28, July 12, 2024
The successful proposer, at the time of the execution of the
				contract, shall deposit with the Agency a performance guaranty in a form
				acceptable to the Agency for the full amount of the contract. The performance
				guaranty shall be acceptable to the Agency if it is of a type listed in Section
				605.90(c).
				At the contractor's request, the amount of the performance guarantee shall be
				reevaluated and adjusted to reflect the costs of performing remaining contract
				obligations, upon the submission of application, the granting of licensing, the
				completion of construction, and the acceptance of waste for disposal. Guaranty
				amounts will be forfeited by the contractor if the contractor fails to perform
				its obligations as specified in the terms of the contract. Any guaranty amounts
				not forfeited before the first disposal module shall be released by the Agency
				upon closure of the first disposal module.
Illinois Administrative Code › Title 32 - ENERGY › Part 609 - ACCESS TO FACILITIES FOR TREATMENT, STORAGE, OR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 609.10 - Purpose and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 This Part establishes one of the systems for the regulation of the use of
			 facilities in the State of Illinois to:
1)
			 Collect, store, treat or dispose of low-level radioactive waste;
2) Maintain a data base as to the location of
			 all such waste in the State of Illinois; and
3) Implement some of the requirements,
			 prohibitions and mandates of the Compact, the Radioactive Waste Compact
			 Enforcement Act [45 ILCS 141 ], the Radioactive Waste Tracking and Permitting
			 Act [420 ILCS 37 ] and the Illinois Low-Level Radioactive Waste Management Act
			 [420 ILCS 20 ].
Illinois Administrative Code › Title 32 - ENERGY › Part 609 - ACCESS TO FACILITIES FOR TREATMENT, STORAGE, OR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 609.30 - Prohibited Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless
			 the shipment of the waste is authorized by the Central Midwest Interstate
			 Low-Level Radioactive Waste Commission, no person shall:
1) Send waste from any point located outside
			 of the State of Illinois to any facility located within the State of Illinois,
			 regardless of its origin.
2) Accept
			 at any facility in the State of Illinois any waste from outside the Region,
			 regardless of origin.
3) Deposit at
			 any Regional Facility in the State of Illinois any waste that is owned or
			 generated by the United States Department of Energy, owned or generated by the
			 United States Navy as a result of decommissioning of vessels of the United
			 States Navy, or owned or generated as the result of any research, development,
			 testing or production of any atomic weapon.
4) Accept at any Regional Facility in the
			 State of Illinois any waste that is owned or generated by the United States
			 Department of Energy, owned or generated by the United States Navy as a result
			 of decommissioning of vessels of the United States Navy, or owned or generated
			 as the result of any research, development, testing or production of any atomic
			 weapon.
5) Send any waste from the
			 State of Illinois outside the State of Illinois, other than waste that is owned
			 or generated by the United States Department of Energy, owned or generated by
			 the United States Navy as a result of decommissioning of vessels of the United
			 States Navy, or owned or generated as the result of any research, development,
			 testing or production of any atomic weapon.
6) Dispose of any waste in the State of
			 Illinois other than at a regional disposal facility.
Illinois Administrative Code › Title 32 - ENERGY › Part 609 - ACCESS TO FACILITIES FOR TREATMENT, STORAGE, OR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 609.40 - Permit Requirements and Application Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Each person who ships waste into, out of or within the State of
				Illinois or accepts waste shall apply to the Agency for a Permit.
a) A person applying for a Permit shall
			 submit the application to the Illinois Emergency Management Agency, 1035 Outer
			 Park Drive, Springfield, Illinois 62704. The person shall provide to the Agency
			 at the time of the application the following information in writing, on paper
			 bearing the name, current address and current telephone number of the person
			 making the application and signed in ink by a person authorized to make the
			 application:
1) The name of a contact person
			 for the applicant and the current address and phone number of that contact
			 person if different from that of the applicant.
2) The radioactive materials license number
			 currently issued to the applicant and the name of the entity issuing the
			 license.
3) The name and location
			 of the applicant's facility that would be recorded under any assigned
			 Permit.
Illinois Administrative Code › Title 32 - ENERGY › Part 609 - ACCESS TO FACILITIES FOR TREATMENT, STORAGE, OR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 609.50 - Waste Shipment Tracking Process

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Each person sending a shipment of waste into, within or out of the State of
			 Illinois shall provide the Agency with an EDT file formatted and containing the
			 information prescribed in Appendix A at the time of the shipment. All EDT file
			 submittals shall be made in a manner that allows the Agency to incorporate the
			 transmission into the Agency's electronic data base. Waste brokers may provide
			 the EDT file on behalf of the generator.
b) All instate receiving facilities that
			 store waste for decay in storage shall report to the Agency the placement of
			 waste into decay in storage according to the procedures outlined in Appendix A.
			 The receiving facilities shall also report to the Agency when the containers
			 are removed from the decay in storage inventory utilizing the procedures
			 identified in Appendix A.
c) All
			 instate receiving facilities that process waste in a manner that no waste,
			 either direct or residual, is attributable back to the shipper shall report
			 those affected containers according to the procedures identified in Appendix
			 A.
d) Each person needing to
			 correct information previously provided to the Agency pursuant to this Section
			 shall provide those corrections to the Agency in writing addressed to the
			 Supervisor, Low-Level Radioactive Waste Management and Decommissioning Unit,
			 Illinois Emergency Management Agency, 1035 Outer Park Drive, Springfield,
			 Illinois 62704 or at ema.LLRWTRACK@illinois.gov.
Illinois Administrative Code › Title 32 - ENERGY › Part 609 - ACCESS TO FACILITIES FOR TREATMENT, STORAGE, OR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 609.60 - Standards for Issuance of Transaction Reference Number

Current through Register Vol. 48, No. 28, July 12, 2024
a) Based upon transmitted information
			 required by Section
			 609.50,
			 the Agency shall issue a Transaction Reference Number upon determining that
			 the:
1) Applicant has complied with the
			 requirements of this Part;
2)
			 Activity undertaken is not prohibited by any provision of the Compact, the
			 Radioactive Waste Compact Enforcement Act or this Part;
3) Activity has received approval from the
			 Commission, if so required under the provisions of the Compact; and
4) Information reporting requirements of this
			 Part have been met.
Illinois Administrative Code › Title 32 - ENERGY › Part 609 - ACCESS TO FACILITIES FOR TREATMENT, STORAGE, OR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 609.70 - Suspension, Revocation or Voluntary Termination of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may revoke or suspend any
			 Permit issued under this Part, for any reason, including but not limited to any
			 of the following conditions:
1) The individual
			 to whom the Permit was issued is determined by the Agency to no longer be alive
			 or to have been adjudged legally incompetent.
2) The person to whom the Permit was issued,
			 if other than an individual, is determined by the Agency to no longer be
			 legally in existence.
3) Any person
			 eligible for a Permit pursuant to Section
			 609.40(b)(1)
			 is no longer registered by the Agency under Section 4 of the Low-Level
			 Radioactive Waste Management Act.
4) Any person eligible for a Permit pursuant
			 to Section
			 609.40(b)(2)
			 is no longer licensed by the Agency under Section 8 of the Low-Level
			 Radioactive Waste Management Act.
5) The person is no longer eligible for a
			 permit under Section
			 609.40(b)(3),
			 (4) or (5).
6) Falsification of any information in an
			 application for a Permit.
7)
			 Failure to notify the Agency of any change in the information previously
			 provided to the Agency in an application for a Permit.
8) If the Commission has revoked the
			 permission granted to such person under any compact region or unaffiliated
			 state agreements to treat, store or dispose of waste at a facility in the
			 Region.
9) For any violation of the
			 Radioactive Waste Compact Enforcement Act or for violation of any condition
			 imposed by any approval or interstate agreement of the Commission.
Illinois Administrative Code › Title 32 - ENERGY › Part 609 - ACCESS TO FACILITIES FOR TREATMENT, STORAGE, OR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 609.80 - Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may
			 impose a civil penalty on any person who sends, receives or accepts waste in
			 violation of any provision of this Part or the Radioactive Waste Compact
			 Enforcement Act.
b) Civil penalties
			 imposed under this Part shall not exceed $100,000 per occurrence. For a
			 continuing violation, the Agency may consider each day in which the violation
			 continues as a separate occurrence.
c) In determining the amount of a civil
			 penalty imposed under this Part, the Agency will consider the following:
1) Whether the violation was the result of
			 willful, reckless or negligent conduct.
2) The previous history of compliance with
			 the provisions of the Radioactive Waste Compact Enforcement Act and this
			 Part.
3) Whether the violation was
			 voluntarily reported to the Agency.
4) The amount and type of the radioactive
			 material involved.
5) Whether
			 mitigative actions were taken.
6)
			 The recommendations, if any, of the Commission.
Illinois Administrative Code › Title 32 - ENERGY › Part 609 - ACCESS TO FACILITIES FOR TREATMENT, STORAGE, OR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 609.90 - Exemptions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person may
			 apply to the Agency for an exemption from the requirements of this
			 Part.
b) A request for an exemption
			 shall be in writing and shall state with particularity the reasons why granting
			 an exemption would be consistent with the provisions of this Part and the
			 Compact. A copy of the request shall be filed with the Commission.
c) Exemptions shall only be granted by the
			 Agency upon an express finding by the Agency that granting the exemption would
			 be consistent with the provisions of this Part and the Compact. In making those
			 determinations, the Agency shall consider the recommendations, if any, of the
			 Commission.
d) Exemptions granted
			 under this Part may be limited in scope or duration, or may be conditional,
			 providing that the limits or conditions are consistent with the
			 Compact.
e) Any exemption granted
			 under this Part shall not be in conflict with any provision of the Illinois
			 Low-Level Radioactive Waste Management Act, the Radioactive Waste Tracking and
			 Permitting Act, the Central Midwest Interstate Low-Level Radioactive Waste
			 Compact Act, the Radioactive Waste Compact Enforcement Act, or the federal
			 Low-Level Radioactive Waste Policy Amendment Act of 1985 (
			 42 USC
			 2021 b et seq.).
f) The Agency shall provide the Commission
			 with written notice of any exemption granted pursuant to this Part.
Illinois Administrative Code › Title 32 - ENERGY › Part 609 - ACCESS TO FACILITIES FOR TREATMENT, STORAGE, OR DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE › Section 609.100 - Administrative Appeal and Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Any person may petition the Agency for reconsideration of any:
1) Denial by the Agency to issue a Permit to
			 that person;
2) Summary suspension
			 of a Permit issued to that person; or
3) Civil penalty imposed on that
			 person.
Illinois Administrative Code › Title 32 - ENERGY › Part 620 - REGISTRATION OF LOW-LEVEL RADIOACTIVE WASTE GENERATORS › Section 620.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part, the following definitions shall
				apply:
"Act" means the Illinois Low-Level Radioactive Waste Management
				Act [420 ILCS 20 ].
"Agency" means the Illinois Emergency Management Agency.
"Broker" means any person who takes possession of low-level
				radioactive waste solely for purposes of consolidation and shipment.
"Disposal" means the isolation of waste from the biosphere in a
				permanent facility designed for that purpose.
"Generator" means any person who produces or possesses
				low-level radioactive waste in the course of or incident to manufacturing,
				power generation, processing, medical diagnosis and treatment, research,
				education or other activity.
"Low-Level Radioactive Waste" or "Waste" means radioactive
				waste not classified as high-level radioactive waste, transuranic waste, spent
				nuclear fuel or byproduct material as defined in section 11e(2) of the Atomic
				Energy Act of 1954 (
				42
				USC 2014 ).
"Person" means an individual, corporation, business enterprise
				or other legal entity either public or private and any legal successor,
				representative, agent or agency of that individual, corporation, business
				enterprise, or legal entity.
"Storage" means the holding of waste for treatment or disposal
				for a period of 24 hours or more.
"Treatment" means any method, technique or process, including
				storage for radioactive decay, designed to change the physical, chemical or
				biological characteristics or composition of any waste in order to render the
				waste safer for transport, storage or disposal, amenable to recovery,
				convertible to another usable material or reduced in volume. (Section 3 of the
				Act)
Illinois Administrative Code › Title 32 - ENERGY › Part 620 - REGISTRATION OF LOW-LEVEL RADIOACTIVE WASTE GENERATORS › Section 620.20 - Generator Registration

Current through Register Vol. 48, No. 28, July 12, 2024
All generators shall register with the Agency within 60 days
				after commencement of producing or possessing any quantity of low-level
				radioactive waste in Illinois. Registration shall be on a form developed by the
				Agency and shall include:
a) name,
			 address, officers and contact information for the generator;
b) radioactive materials license numbers and
			 issuing agency;
c) the types and
			 amounts of wastes produced or possessed and to be produced or possessed; and
			 (Section 4(a) of the Act)
d) a
			 description of the activities that produce low-level radioactive
			 waste.
Illinois Administrative Code › Title 32 - ENERGY › Part 620 - REGISTRATION OF LOW-LEVEL RADIOACTIVE WASTE GENERATORS › Section 620.25 - Broker Registration

Current through Register Vol. 48, No. 28, July 12, 2024
All brokers shall register within 60 days after taking
				possession of any low-level radioactive waste. Registration shall be on a form
				developed by the Agency and shall include:
a) the name, address, officers and contact
			 information for the broker;
b) the
			 radioactive materials license numbers and issuing agency;
c) the types and amounts of waste possessed
			 or to be possessed by the broker; and (Section 4(a) of the Act)
d) a description of activities conducted by
			 the broker.
Illinois Administrative Code › Title 32 - ENERGY › Part 620 - REGISTRATION OF LOW-LEVEL RADIOACTIVE WASTE GENERATORS › Section 620.30 - Filing Of Annual Report by Generators

Current through Register Vol. 48, No. 28, July 12, 2024
Each generator who has generated any low level waste during a
				given calendar year shall file an annual report with the Agency. The annual
				report shall be submitted by February 1. This report shall be on a form
				developed by the Agency and shall include:
a) the name, address and contact information
			 for the generator;
b) the types and
			 amounts of waste produced or possessed during the prior calendar
			 year;
c) the types and amounts of
			 waste expected to be produced or possessed in the future;
d) waste stored during the prior calendar
			 year, including types and amounts;
e) waste shipped during the prior calendar
			 year, including types, amounts and destination;
f) methods used to manage these
			 wastes;
g) technological
			 feasibility, economic reasonableness and environmental soundness of alternative
			 treatment, storage and disposal methods.
Illinois Administrative Code › Title 32 - ENERGY › Part 620 - REGISTRATION OF LOW-LEVEL RADIOACTIVE WASTE GENERATORS › Section 620.35 - Filing of Annual Reports by Brokers

Current through Register Vol. 48, No. 28, July 12, 2024
Each broker who has taken possession of any low-level
				radioactive waste generated in Illinois during a given calendar year shall file
				an annual report with the Agency. The annual report shall be submitted by
				February 1. This report shall be on a form developed by the Agency or by
				electronic means that are compatible with the Agency's computer capabilities.
				The report shall include:
a) the name,
			 address and contact information for the broker.
b) for waste shipped to disposal sites
			 outside Illinois during the prior year, the disposal manifest information kept
			 pursuant to 32 Ill. Adm. Code
			 340.1180.
			 The original generator name and address and waste volume for each generator
			 must be given for each shipment.
c)
			 for waste permanently disposed of in Illinois during the prior year, in
			 addition to the manifest information described in subsection (b), the types,
			 amounts, dates disposed of and disposal methods.
d) for each shipment of waste received, the
			 name and address of the generator from whom the waste was received and the
			 volume and type of waste received.
e) for waste shipped for storage or
			 treatment, the name and address of the entity to whom the waste is shipped and
			 the volume and type of waste shipped.
Illinois Administrative Code › Title 32 - ENERGY › Part 620 - REGISTRATION OF LOW-LEVEL RADIOACTIVE WASTE GENERATORS › Section 620.40 - Payment of Fees for Waste Storage

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Generators that have stored any quantity of waste for shipment at a later date
			 shall pay a fee to the Agency annually. The fee shall be in the amount of $3
			 per cubic foot of all waste stored for shipment.
b) The fee shall be calculated and invoiced
			 by the Agency based on the Annual Survey submitted by the generator that
			 identifies the types and amounts of waste stored during that period. Generators
			 shall be responsible for reporting and paying all fees due and owing in
			 accordance with this Section, except as provided in Sections
			 620.60
			 and
			 620.70.
Illinois Administrative Code › Title 32 - ENERGY › Part 620 - REGISTRATION OF LOW-LEVEL RADIOACTIVE WASTE GENERATORS › Section 620.50 - Payment of Fees for Waste Shipped

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Generators that have shipped any quantity of waste for storage, disposal or
			 treatment shall pay a fee to the Agency annually. The fee shall be in the
			 amount of $3 per cubic foot for waste that has been shipped, except that no fee
			 shall be assessed if a fee has already been paid to the Agency for storage of
			 that waste in accordance with Section
			 620.40.
b) The fee shall be calculated and invoiced
			 by the Agency based on the Annual Survey submitted by the generator that
			 identifies the types and amount of waste shipped during that period. Generators
			 shall be responsible for reporting and paying all fees due and owing in
			 accordance with this Section, except as provided in Sections
			 620.60
			 and
			 620.70.
Illinois Administrative Code › Title 32 - ENERGY › Part 620 - REGISTRATION OF LOW-LEVEL RADIOACTIVE WASTE GENERATORS › Section 620.60 - Payment of Fees - Small Generators

Current through Register Vol. 48, No. 28, July 12, 2024
Any generator of low-level radioactive waste that was not
				subject to fees in the amount of at least $50 for waste stored and shipped
				during a given calendar year in accordance with Sections
				620.40 and
				620.50 shall
				pay a fee in the amount of $50 for that calendar year to the Agency. The fee
				shall be payable when invoiced by the Agency.
Illinois Administrative Code › Title 32 - ENERGY › Part 620 - REGISTRATION OF LOW-LEVEL RADIOACTIVE WASTE GENERATORS › Section 620.70 - Payment of Fees - Nuclear Power Reactors

Current through Register Vol. 48, No. 28, July 12, 2024
In lieu of the fees specified in Sections
				620.40,
				620.50 and
				620.60,
				the owner of any nuclear power reactor in Illinois for which an operating
				license has been issued by the Nuclear Regulatory Commission shall be required
				to pay an annual fee of $30,000 per operating reactor for the treatment,
				storage and disposal of low-level radioactive waste. Such fees shall be due and
				payable on July 1 of each year.
Illinois Administrative Code › Title 32 - ENERGY › Part 620 - REGISTRATION OF LOW-LEVEL RADIOACTIVE WASTE GENERATORS › Section 620.80 - Non-Compliance with Registration and Filing of Reports

Current through Register Vol. 48, No. 28, July 12, 2024
If any person fails or refuses to register with the Agency, to
				file required reports with the Agency, or to pay the required fees, the Agency
				shall notify the person by registered mail that he or she has (30) days to
				respond, after which the Agency may refer the case to the Attorney General. Any
				person failing to pay the fees shall be liable to a civil penalty not to exceed
				four times the amount of the fees not paid. (Section 17(b) of the
				Act)
Illinois Administrative Code › Title 32 - ENERGY › Part 622 - HANDLING AND DISPOSAL OF WATER TREATMENT RESIDUALS › Section 622.10 - Purpose and Scope

Current through Register Vol. 48, No. 28, July 12, 2024
This Part establishes requirements for the possession and
				disposal of water treatment residuals including requirements for worker
				protection and training. This Part applies to all entities that produce or
				possess water treatment residuals.
Illinois Administrative Code › Title 32 - ENERGY › Part 622 - HANDLING AND DISPOSAL OF WATER TREATMENT RESIDUALS › Section 622.30 - Persons in Possession of Water Treatment Residuals

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following persons shall register with
			 the Agency within 60 days of producing or possessing water treatment residuals:
1) Water treatment facilities permitted by
			 the IEPA that treat groundwater with a treatment technology identified in
			 subsections (a)(2)(B).
AGENCY NOTE: Persons who possess groundwater wells only as an
				emergency or backup source (i.e., a primary source of purchased or surface
				water) do not meet the registration requirements in subsection (a)(1) or
				(a)(2).
2) Water treatment
			 facilities permitted by IEPA whose groundwater sources and utilized treatment
			 technologies are identified in subsections (a)(2)(A) and (B):
A) Table 1. Aquifers designated to contribute
			 elevated concentrations of radium to groundwater:
i) Cambrian
ii) Ordovician
iii) Devonian
iv) Silurian
v) Any other aquifer that gives rise to a
			 maximum contaminant level for combined radium as specified in 35 Ill. Adm. Code
			 611.330.
B) Table 2. Treatment Technologies Capable of
			 Concentrating Radium:
i) Ion
			 exchange
ii) Reverse
			 osmosis
iii) Lime
			 softening
iv) Green sand
			 filtration
v) Co-precipitation with
			 Barium sulfate
vi)
			 Electrodialysis/electrodialysis reversal
vii) Pre-formed hydrous manganese oxide
			 filtration
viii) Activated
			 alumina
ix) Enhanced coagulation
			 filtration
x) Any other treatment
			 technology that increases the combined radium concentration in the media or
			 resulting water treatment residuals beyond that which is naturally
			 present.
3)
			 Wastewater treatment facilities permitted by IEPA and receiving treatment
			 process backwash from a water treatment facility described in subsection
			 (a)(2).
4) IEPA-permitted municipal
			 solid waste landfills if the water treatment residuals generated by a
			 registrant identified in subsections (a)(1), (a)(2), or (a)(3) are disposed of
			 in those landfills;
5) Land
			 applicators permitted by IEPA who apply water treatment residuals generated by
			 a registrant identified in subsections (a)(2) or (a)(3); and
6) Any other person that the Agency
			 determines is required to register.
Illinois Administrative Code › Title 32 - ENERGY › Part 622 - HANDLING AND DISPOSAL OF WATER TREATMENT RESIDUALS › Section 622.50 - TENORM Awareness Training for Registrants

Current through Register Vol. 48, No. 28, July 12, 2024
a) For those registrants identified in
			 Section 622.40, TENORM awareness training (1-2 hours at a minimum) shall be
			 included as part of the facility's health and safety training program and
			 conducted before starting of any job duties associated with a radiological
			 hazard.
b) TENORM Awareness
			 Training shall contain, at a minimum, policies and procedures for each
			 facility, including the management policy to maintain all personnel exposure as
			 low as reasonably achievable. Additionally, workers shall be:
1) Kept informed of the storage, transfer, or
			 use of sources of radiation and the identity of restricted areas;
2) Instructed, at appropriate levels of
			 detail, in the health protection problems associated with exposure to radiation
			 or radioactive material, in the risks of radiation exposure to the embryo and
			 fetus, in precautions or procedures to minimize exposure, and in the purposes
			 and functions of protective devices employed;
3) Instructed in, and instructed to observe
			 to the extent within the worker's control, the requirements in Section 622.40
			 for the protection of personnel from exposure to radiation or radioactive
			 material;
4) Instructed to report
			 promptly to the licensee or registrant any condition that may constitute, lead
			 to, or cause a violation of the Radiation Protection Act of 1990 [420 ILCS 40],
			 the requirements of Section 622.40 or unnecessary exposure (i.e., exposure that
			 results when prescribed safety measures are not followed) to radiation or
			 radioactive material;
5) Advised of
			 the mechanisms in place to ensure workers' exposures within the limits
			 established in Sections 622.30(i)(2) and 622.40(b)(2).