SB 2425

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Full Text of SB2425
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	SB2425 - 104th General Assembly
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		SB2425 Enrolled		LRB104 12193 BDA 22297 b
1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Low-Level Radioactive Waste
5Management Act is amended by changing Sections 3 and 4 as
6follows:
7    (420 ILCS 20/3)  (from Ch. 111 1/2, par. 241-3)
8    Sec. 3. Definitions. As used in this Act:
9    "Agency" or "IEMA-OHS" means the Illinois Emergency
10Management Agency and Office of Homeland Security, or its
11successor agency.
12    "Broker" means any person who takes possession of
13low-level waste for purposes of consolidation and shipment.
14    "Compact" means the Central Midwest Interstate Low-Level
15Radioactive Waste Compact.
16    "Decommissioning" means the measures taken at the end of a
17facility's operating life to assure the continued protection
18of the public from any residual radioactivity or other
19potential hazards present at a facility.
20    "Director" means the Director of the Agency.
21    "Disposal" means the isolation of waste from the biosphere
22in a permanent facility designed for that purpose.
23    "Facility" means a parcel of land or site, together with
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1structures, equipment and improvements on or appurtenant to
2the land or site, which is used or is being developed for the
3treatment, storage or disposal of low-level radioactive waste.
4"Facility" does not include lands, sites, structures, or
5equipment used by a generator in the generation of low-level
6radioactive wastes.
7    "Generator" means any person who produces or possesses
8low-level radioactive waste in the course of or incident to
9manufacturing, power generation, processing, medical diagnosis
10and treatment, research, education, or other activity.
11    "Hazardous waste" means a waste, or combination of wastes,
12which because of its quantity, concentration, or physical,
13chemical, or infectious characteristics may cause or
14significantly contribute to an increase in mortality or an
15increase in serious, irreversible, or incapacitating
16reversible, illness; or pose a substantial present or
17potential hazard to human health or the environment when
18improperly treated, stored, transported, or disposed of, or
19otherwise managed, and which has been identified, by
20characteristics or listing, as hazardous under Section 3001 of
21the Resource Conservation and Recovery Act of 1976, P.L.
2294-580 or under regulations of the Pollution Control Board.
23    "High-level radioactive waste" means:
24        (1) the highly radioactive material resulting from the
25    reprocessing of spent nuclear fuel including liquid waste
26    produced directly in reprocessing and any solid material
		SB2425 Enrolled	- 3 -	LRB104 12193 BDA 22297 b
1    derived from the liquid waste that contains fission
2    products in sufficient concentrations; and
3        (2) the highly radioactive material that the Nuclear
4    Regulatory Commission has determined, on July 21, 1988 
5    (the effective date of Public Act 85-1133) [this Amendatory ]
6    [Act of 1988], to be high-level radioactive waste requiring
7    permanent isolation.
8    "Low-level radioactive waste" or "waste" means radioactive
9waste not classified as (1) high-level radioactive waste, (2)
10transuranic waste, (3) spent nuclear fuel, or (4) byproduct
11material as defined in Sections 11e(2), 11e(3), and 11e(4) of
12the Atomic Energy Act of 1954 (42 U.S.C. 2014). This
13definition shall apply notwithstanding any declaration by the
14federal government, a state, or any regulatory agency that any
15radioactive material is exempt from any regulatory control.
16    "Mixed waste" means waste that is both "hazardous waste"
17and "low-level radioactive waste" as defined in this Act.
18    "Nuclear facilities" means nuclear power plants,
19facilities housing nuclear test and research reactors,
20facilities for the chemical conversion of uranium, and
21facilities for the storage of spent nuclear fuel or high-level
22radioactive waste.
23    "Nuclear power plant" or "nuclear steam-generating
24facility" means a thermal power plant in which the energy
25(heat) released by the fissioning of nuclear fuel is used to
26boil water to produce steam.
		SB2425 Enrolled	- 4 -	LRB104 12193 BDA 22297 b
1    "Nuclear power reactor" means an apparatus, other than an
2atomic weapon, designed or used to sustain nuclear fission in
3a self-supporting chain reaction.
4    "Person" means an individual, corporation, business
5enterprise, or other legal entity either public or private and
6any legal successor, representative, agent, or agency of that
7individual, corporation, business enterprise, or legal entity.
8    "Post-closure care" means the continued monitoring of the
9regional disposal facility after closure for the purposes of
10detecting a need for maintenance, ensuring environmental
11safety, and determining compliance with applicable licensure
12and regulatory requirements, and includes undertaking any
13remedial actions necessary to protect public health and the
14environment from radioactive releases from the facility.
15    "Regional disposal facility" or "disposal facility" means
16the facility established by the State of Illinois under this
17Act for disposal away from the point of generation of waste
18generated in the region of the Compact.
19    "Release" means any spilling, leaking, pumping, pouring,
20emitting, emptying, discharging, injecting, escaping,
21leaching, dumping, or disposing into the environment of
22low-level radioactive waste.
23    "Remedial action" means those actions taken in the event
24of a release or threatened release of low-level radioactive
25waste into the environment[,] to prevent or minimize the release
26of the waste so that it does not migrate to cause substantial
		SB2425 Enrolled	- 5 -	LRB104 12193 BDA 22297 b
1danger to present or future public health or welfare or the
2environment. The term includes, but is not limited to, actions
3at the location of the release such as storage, confinement,
4perimeter protection using dikes, trenches or ditches, clay
5cover, neutralization, cleanup of released low-level
6radioactive wastes, recycling or reuse, dredging or
7excavations, repair or replacement of leaking containers,
8collection of leachate and runoff, onsite treatment or
9incineration, provision of alternative water supplies, and any
10monitoring reasonably required to assure that these actions
11protect human health and the environment.
12    "Scientific Surveys" means, collectively, the Illinois
13State Geological Survey and the Illinois State Water Survey of
14the University of Illinois.
15    "Shallow land burial" means a land disposal facility in
16which radioactive waste is disposed of in or within the upper
1730 meters of the earth's surface. However, this definition
18shall not include an enclosed, engineered, structurally
19re-enforced and solidified bunker that extends below the
20earth's surface.
21    "Small modular reactor" or "SMR" means an advanced nuclear
22reactor: (1) with a rated nameplate capacity of 300 electrical
23megawatts or less; and (2) that may be constructed and
24operated in combination with similar reactors at a single
25site.
26    "Storage" means the temporary holding of waste for
		SB2425 Enrolled	- 6 -	LRB104 12193 BDA 22297 b
1treatment or disposal for a period determined by Agency
2regulations.
3    "Treatment" means any method, technique, or process,
4including storage for radioactive decay, designed to change
5the physical, chemical, or biological characteristics or
6composition of any waste in order to render the waste safer for
7transport, storage, or disposal, amenable to recovery,
8convertible to another usable material, or reduced in volume.
9    "Waste management" means the storage, transportation,
10treatment, or disposal of waste.
11    "Water treatment residuals" means biosolids, sludge, 
12filter media, anthracite, scales, or other solids, either 
13alone or as a component of liquid mixtures or solutions, that 
14are technologically enhanced in combined radium concentration 
15(radium-226, radium-228 or associated progeny) as a result of 
16the treatment of water or sewage containing naturally 
17occurring radium from groundwater.
18(Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24;
19revised 7-30-24.)
20    (420 ILCS 20/4)  (from Ch. 111 1/2, par. 241-4)
21    Sec. 4. Generator and broker registration.
22    (a)(1) Except as provided in subsection (b), all 
23generators of any amount of low-level radioactive waste in 
24Illinois shall register with the Agency within 60 days of the 
25commencement of generating any low-level radioactive wastes. 
		SB2425 Enrolled	- 7 -	LRB104 12193 BDA 22297 b
1The registration shall be in a format prescribed by the Agency 
2and shall contain all of the following: the name, address, and 
3officers of the generator; information on the types of wastes 
4produced or possessed; and any other information required by 
5the Agency.
6    (2) All registered generators of any amount of low-level 
7radioactive waste in Illinois shall file an annual report with 
8the Agency. The annual report shall contain information on the 
9types and quantities of low-level wastes produced in the 
10previous year and expected to be produced in the future; the 
11methods used to manage these wastes; the technological 
12feasibility, economic reasonableness, and environmental 
13soundness of alternative treatment, storage and disposal 
14methods; and any other information required by the Agency.
15    (3) All brokers of any amount of low-level radioactive 
16waste in Illinois shall register with the Agency within 60 
17days after the commencement of taking possession of any 
18low-level radioactive waste. The registration shall be in a 
19format prescribed by the Agency and shall contain the name, 
20address, and officers of the broker and any other information 
21required by the Agency.
22    (4) All registered brokers of any amount of low-level 
23radioactive waste in Illinois shall file an annual report with 
24the Agency. The annual report shall contain information on the 
25types and quantities of low-level radioactive wastes received 
26and shipped, identification of the generators from whom such 
		SB2425 Enrolled	- 8 -	LRB104 12193 BDA 22297 b
1wastes were received, and the destination of shipments of such 
2wastes.
3    (5) All registration forms and annual reports required to 
4be filed with the Agency may be made available to the public 
5for inspection and copying pursuant to the Freedom of 
6Information Act.
7    (b) Generators who meet one of the following provisions 
8are exempt from the registration requirements in paragraph (1) 
9of subsection (a):
10        (1) A generator who stores waste containing or 
11    composed of radioactive material with a physical half-life 
12    of less than 120 days for decay-in-storage before disposal 
13    as normal waste or recycling without regard to its 
14    radioactivity provided a minimum of 10 half-lives have 
15    elapsed. This does not exempt the generator from any other 
16    State or federal requirements; or
17        (2) A generator of water treatment residuals that have 
18    a combined radium concentration of less than or equal to 
19    200 picocuries per gram and who has registered pursuant to 
20    the Agency's regulatory program for water treatment 
21    residuals.
22    [(a) All generators and brokers of any amount of low-level ]
23[radioactive waste in Illinois shall register with the Agency. ]
24[Generators shall register within 60 days of the commencement ]
25[of generating any low-level radioactive wastes. Brokers shall ]
26[register within 60 days of taking possession of any low-level ]
		SB2425 Enrolled	- 9 -	LRB104 12193 BDA 22297 b
1[radioactive waste. Such registration shall be on a form ]
2[developed by the Agency and shall contain the name, address ]
3[and officers of the generator or broker, information on the ]
4[types and amounts of wastes produced or possessed and any ]
5[other information required by the Agency.]
6    [(b) All registered generators and brokers of any amount of ]
7[low-level radioactive waste in Illinois shall file an annual ]
8[report with the Agency. The annual report for generators shall ]
9[contain information on the types and quantities of low-level ]
10[wastes produced in the previous year and expected to be ]
11[produced in the future, the methods used to manage these ]
12[wastes, the technological feasibility, economic reasonableness ]
13[and environmental soundness of alternative treatment, storage ]
14[and disposal methods and any other information required by the ]
15[Agency. The annual report for brokers shall contain ]
16[information on the types and quantities of low-level ]
17[radioactive wastes received and shipped, identification of the ]
18[generators from whom such wastes were received, and the ]
19[destination of shipments of such wastes.]
20    [(c) All registration forms and annual reports required to ]
21[be filed with the Agency shall be made available to the public ]
22[for inspection and copying.]
23(Source: P.A. 95-777, eff. 8-4-08.)