45 ILCS 141/ Radioactive Waste Compact Enforcement Act. - Illinois Statutes

(45 ILCS 141/1)     Sec. 1. Short Title. This Act may be cited as the Radioactive Waste Compact Enforcement Act. (Source: P.A. 87‑1166.)

(45 ILCS 141/5)     Sec. 5. Legislative Findings.     (a) The General Assembly finds:         (1) That the Central Midwest Interstate Low‑Level

Radioactive Waste Compact was enacted by the State of Illinois and the Commonwealth of Kentucky to provide the instrument and framework for a cooperative effort, and to provide sufficient facilities for the proper management of low‑level radioactive waste generated within the region, limiting the number of facilities, protecting the health and safety of the citizens, and promoting the volume and source reduction of low‑level radioactive waste generated in the region, and for other purposes.

(2) That it is the responsibility of each party

state to the Compact to prescribe and enforce penalties against any person who is not an officer of another state for violation of any provision of the Compact.

(b) It is the purpose of this Act to establish a program by which these and other provisions of the Compact may be effectuated and enforced. (Source: P.A. 87‑1166.)

(45 ILCS 141/15)     Sec. 15. Definitions. In this Act:     "Commission" means the Central Midwest Interstate Low‑Level Radioactive Waste Commission.     "Compact" means the Central Midwest Interstate Low‑Level Radioactive Waste Compact.     "Disposal" means the isolation of waste from the biosphere in a permanent facility designed for that purpose.     "Facility" means a parcel of land or site, together with the structures, equipment, and improvements on or appurtenant to the land or site, that is used or is being developed for the treatment, storage or disposal of low‑level radioactive waste.     "Low‑level radioactive waste" or "waste" means radioactive waste not classified as (1) high‑level radioactive waste, (2) transuranic waste, (3) spent nuclear fuel, or (4) by‑product material as defined in Section 11e(2) of the Atomic Energy Act. This definition shall apply notwithstanding any declaration by the federal government or any state that any radioactive material is exempt from any regulatory control.     "Management plan" means the plan adopted by the Commission for the storage, transportation, treatment and disposal of waste within the region.     "Person" means any individual, corporation, business enterprise or other legal entity, public or private, and any legal successor, representative, agent or agency of that individual, corporation, business enterprise, or legal entity.     "Region" means the geographical area of the State of Illinois and the Commonwealth of Kentucky.     "Regional Facility" means any facility as defined in this Act that is (1) located in Illinois, and (2) established by Illinois pursuant to designation of Illinois as a host state by the Commission.     "Storage" means the temporary holding of radioactive material for treatment or disposal.     "Treatment" means any method, technique or process, including storage for radioactive decay, designed to change the physical, chemical, or biological characteristics of the radioactive material in order to render the radioactive material safe for transport or management, amenable to recovery, convertible to another usable material, or reduced in volume. (Source: P.A. 87‑1166.)

(45 ILCS 141/20)     Sec. 20. Access to Facilities.     (a) Unless otherwise authorized by the Commission:         (1) After January 1, 1993, no person shall deposit

at a facility in Illinois any waste not generated within the region.

(2) After January 1, 1993, no person shall accept at

a facility in Illinois waste not generated within the region.

(3) No person shall deposit at any regional facility

in 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) No person shall accept at any regional facility

in 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) No person shall export from the region waste

that is generated in 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) No person shall dispose of waste in Illinois

except at a regional disposal facility.

(7) No person who provides a service by arranging

for the collection, transportation, treatment, storage, or disposal of waste from outside the region shall dispose of any waste, regardless of origin, at a facility in Illinois without prior specific approval by the Commission.

(b) No person shall treat or store waste at a facility other than a regional facility, if such treatment or storage is prohibited by the Commission.     (c) No person shall deposit at any facility in Illinois any waste that has as its place of origin the disposal facility located in Maxey Flats, Kentucky. (Source: P.A. 87‑1166.)

    (45 ILCS 141/25)
    Sec. 25. Enforcement.
    (a) The Illinois Emergency Management Agency (Agency) shall adopt regulations to administer and enforce the provisions of this Act. The regulations shall be adopted with the consultation and cooperation of the Commission.
    Regulations adopted by the Agency under this Act shall prohibit the shipment into or acceptance of waste in Illinois if the shipment or acceptance would result in a violation of any provision of the Compact or this Act.
    (b) The Agency may, by regulation, impose conditions on the shipment into or acceptance of waste in Illinois that the Agency determines to be reasonable and necessary to enforce the provisions of this Act. The conditions may include, but are not limited to (i) requiring prior notification of any proposed shipment or receipt of waste; (ii) requiring the shipper or recipient to identify the location to which the waste will be sent for disposal following treatment or storage in Illinois; (iii) limiting the time that waste from outside Illinois may be held in Illinois; (iv) requiring the shipper or recipient to post bond or by other mechanism to assure that radioactive material will not be treated, stored, or disposed of in Illinois in violation of any provision of this Act; (v) requiring that the shipper consent to service of process before shipment of waste into Illinois.
    (c) The Agency shall, by regulation, impose a system of civil penalties in accordance with the provisions of this Act. Amounts recovered under these regulations shall be deposited in the Low‑Level Radioactive Waste Facility Development and Operation Fund.
    (d) The regulations adopted by the Agency may provide for the granting of exemptions, but only upon a showing by the applicant that the granting of an exemption would be consistent with the Compact.
(Source: P.A. 95‑777, eff. 8‑4‑08.)

    (45 ILCS 141/30)
    Sec. 30. Penalties.
    (a) Any person who ships or receives radioactive material in violation of any provision of this Act or a regulation of the Agency adopted under this Act shall be subject to a civil penalty not to exceed $100,000 per occurrence.
    (b) Any person who fails to pay a civil penalty imposed by regulations adopted under this Act, or any portion of the penalty, shall be liable in a civil action in an amount not to exceed 4 times the amount imposed and not paid.
    (c) Any person who intentionally violates a provision of subsection (a)(1), (a)(2), (a)(3), (a)(4) or (a)(6) of Section 20 of this Act shall be guilty of a Class 4 felony.
    (d) At the request of the Agency, the Attorney General shall, on behalf of the State, bring an action for the recovery of any civil penalty or the prosecution of any criminal offense provided for by this Act. Any civil penalties so recovered shall be deposited in the Low‑Level Radioactive Waste Facility Development and Operation Fund.
(Source: P.A. 95‑777, eff. 8‑4‑08.)

    (45 ILCS 141/31)
    Sec. 31. The Agency may accept donations of money, equipment, supplies, materials, and services from any person for accomplishing the purposes of this Act. Any donation of money shall be deposited in the Low‑Level Radioactive Waste Facility Development and Operation Fund and shall be expended by the Agency only in accordance with the purposes of the donation.
(Source: P.A. 95‑777, eff. 8‑4‑08.)

(45 ILCS 141/35)     Sec. 35. Stay of enforcement. Enforcement of this Act is stayed until 120 days after the Congress of the United States has given its consent to the amendments to the Central Midwest Radioactive Waste Compact Act enacted by P.A. 87‑1166. (Source: P.A. 88‑616, eff. 9‑9‑94.)

(45 ILCS 141/51)     Sec. 51. This Act takes effect upon becoming law. (Source: P.A. 87‑1166.)