Public Act 104-0148
 
SB2425 EnrolledLRB104 12193 BDA 22297 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Illinois Low-Level Radioactive Waste 
Management Act is amended by changing Sections 3 and 4 as 
follows:
 
    (420 ILCS 20/3)  (from Ch. 111 1/2, par. 241-3)
    Sec. 3. Definitions. As used in this Act: 
    "Agency" or "IEMA-OHS" means the Illinois Emergency 
Management Agency and Office of Homeland Security, or its 
successor agency. 
    "Broker" means any person who takes possession of 
low-level waste for purposes of consolidation and shipment.
    "Compact" means the Central Midwest Interstate Low-Level 
Radioactive Waste Compact.
    "Decommissioning" means the measures taken at the end of a 
facility's operating life to assure the continued protection 
of the public from any residual radioactivity or other 
potential hazards present at a facility.
    "Director" means the Director of the Agency.
    "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 
structures, equipment and improvements on or appurtenant to 
the land or site, which is used or is being developed for the 
treatment, storage or disposal of low-level radioactive waste. 
"Facility" does not include lands, sites, structures, or 
equipment used by a generator in the generation of low-level 
radioactive wastes.
    "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.
    "Hazardous waste" means a waste, or combination of wastes, 
which because of its quantity, concentration, or physical, 
chemical, or infectious characteristics may cause or 
significantly contribute to an increase in mortality or an 
increase in serious, irreversible, or incapacitating 
reversible, illness; or pose a substantial present or 
potential hazard to human health or the environment when 
improperly treated, stored, transported, or disposed of, or 
otherwise managed, and which has been identified, by 
characteristics or listing, as hazardous under Section 3001 of 
the Resource Conservation and Recovery Act of 1976, P.L. 
94-580 or under regulations of the Pollution Control Board.
    "High-level radioactive waste" means:
        (1) the highly radioactive material resulting from the 
    reprocessing of spent nuclear fuel including liquid waste 
    produced directly in reprocessing and any solid material 
    derived from the liquid waste that contains fission 
    products in sufficient concentrations; and
        (2) the highly radioactive material that the Nuclear 
    Regulatory Commission has determined, on July 21, 1988 
    (the effective date of Public Act 85-1133) this Amendatory 
    Act of 1988, to be high-level radioactive waste requiring 
    permanent isolation.
    "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) byproduct 
material as defined in Sections 11e(2), 11e(3), and 11e(4) of 
the Atomic Energy Act of 1954 (42 U.S.C. 2014). This 
definition shall apply notwithstanding any declaration by the 
federal government, a state, or any regulatory agency that any 
radioactive material is exempt from any regulatory control. 
    "Mixed waste" means waste that is both "hazardous waste" 
and "low-level radioactive waste" as defined in this Act.
    "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 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 power reactor" means an apparatus, other than an 
atomic weapon, designed or used to sustain nuclear fission in 
a self-supporting chain reaction. 
    "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.
    "Post-closure care" means the continued monitoring of the 
regional disposal facility after closure for the purposes of 
detecting a need for maintenance, ensuring environmental 
safety, and determining compliance with applicable licensure 
and regulatory requirements, and includes undertaking any 
remedial actions necessary to protect public health and the 
environment from radioactive releases from the facility.
    "Regional disposal facility" or "disposal facility" means 
the facility established by the State of Illinois under this 
Act for disposal away from the point of generation of waste 
generated in the region of the Compact.
    "Release" means any spilling, leaking, pumping, pouring, 
emitting, emptying, discharging, injecting, escaping, 
leaching, dumping, or disposing into the environment of 
low-level radioactive waste.
    "Remedial action" means those actions taken in the event 
of a release or threatened release of low-level radioactive 
waste into the environment, to prevent or minimize the release 
of the waste so that it does not migrate to cause substantial 
danger to present or future public health or welfare or the 
environment. The term includes, but is not limited to, actions 
at the location of the release such as storage, confinement, 
perimeter protection using dikes, trenches or ditches, clay 
cover, neutralization, cleanup of released low-level 
radioactive wastes, recycling or reuse, dredging or 
excavations, repair or replacement of leaking containers, 
collection of leachate and runoff, onsite treatment or 
incineration, provision of alternative water supplies, and any 
monitoring reasonably required to assure that these actions 
protect human health and the environment.
    "Scientific Surveys" means, collectively, the Illinois 
State Geological Survey and the Illinois State Water Survey of 
the University of Illinois.
    "Shallow land burial" means a land disposal facility in 
which radioactive waste is disposed of in or within the upper 
30 meters of the earth's surface. However, this definition 
shall not include an enclosed, engineered, structurally 
re-enforced and solidified bunker that extends below the 
earth's surface.
    "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.
    "Storage" means the temporary holding of waste for 
treatment or disposal for a period determined by Agency 
regulations.
    "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.
    "Waste management" means the storage, transportation, 
treatment, or disposal of waste.
    "Water treatment residuals" means biosolids, sludge, 
filter media, anthracite, scales, or other solids, either 
alone or as a component of liquid mixtures or solutions, that 
are technologically enhanced in combined radium concentration 
(radium-226, radium-228 or associated progeny) as a result of 
the treatment of water or sewage containing naturally 
occurring radium from groundwater. 
(Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24; 
revised 7-30-24.)
 
    (420 ILCS 20/4)  (from Ch. 111 1/2, par. 241-4)
    Sec. 4. Generator and broker registration. 
    (a)(1) Except as provided in subsection (b), all 
generators of any amount of low-level radioactive waste in 
Illinois shall register with the Agency within 60 days of the 
commencement of generating any low-level radioactive wastes. 
The registration shall be in a format prescribed by the Agency 
and shall contain all of the following: the name, address, and 
officers of the generator; information on the types of wastes 
produced or possessed; and any other information required by 
the Agency.
    (2) All registered generators of any amount of low-level 
radioactive waste in Illinois shall file an annual report with 
the Agency. The annual report shall contain information on the 
types and quantities of low-level wastes produced in the 
previous year and expected to be produced in the future; the 
methods used to manage these wastes; the technological 
feasibility, economic reasonableness, and environmental 
soundness of alternative treatment, storage and disposal 
methods; and any other information required by the Agency.
    (3) All brokers of any amount of low-level radioactive 
waste in Illinois shall register with the Agency within 60 
days after the commencement of taking possession of any 
low-level radioactive waste. The registration shall be in a 
format prescribed by the Agency and shall contain the name, 
address, and officers of the broker and any other information 
required by the Agency.
    (4) All registered brokers of any amount of low-level 
radioactive waste in Illinois shall file an annual report with 
the Agency. The annual report shall contain information on the 
types and quantities of low-level radioactive wastes received 
and shipped, identification of the generators from whom such 
wastes were received, and the destination of shipments of such 
wastes.
    (5) All registration forms and annual reports required to 
be filed with the Agency may be made available to the public 
for inspection and copying pursuant to the Freedom of 
Information Act.
    (b) Generators who meet one of the following provisions 
are exempt from the registration requirements in paragraph (1) 
of subsection (a):
        (1) A generator who stores waste containing or 
    composed of radioactive material with a physical half-life 
    of less than 120 days for decay-in-storage before disposal 
    as normal waste or recycling without regard to its 
    radioactivity provided a minimum of 10 half-lives have 
    elapsed. This does not exempt the generator from any other 
    State or federal requirements; or
        (2) A generator of water treatment residuals that have 
    a combined radium concentration of less than or equal to 
    200 picocuries per gram and who has registered pursuant to 
    the Agency's regulatory program for water treatment 
    residuals. 
    (a) All generators and brokers of any amount of low-level 
radioactive waste in Illinois shall register with the Agency. 
Generators shall register within 60 days of the commencement 
of generating any low-level radioactive wastes. Brokers shall 
register within 60 days of taking possession of any low-level 
radioactive waste. Such registration shall be on a form 
developed by the Agency and shall contain the name, address 
and officers of the generator or broker, information on the 
types and amounts of wastes produced or possessed and any 
other information required by the Agency.
    (b) All registered generators and brokers of any amount of 
low-level radioactive waste in Illinois shall file an annual 
report with the Agency. The annual report for generators shall 
contain information on the types and quantities of low-level 
wastes produced in the previous year and expected to be 
produced in the future, the methods used to manage these 
wastes, the technological feasibility, economic reasonableness 
and environmental soundness of alternative treatment, storage 
and disposal methods and any other information required by the 
Agency. The annual report for brokers shall contain 
information on the types and quantities of low-level 
radioactive wastes received and shipped, identification of the 
generators from whom such wastes were received, and the 
destination of shipments of such wastes.
    (c) All registration forms and annual reports required to 
be filed with the Agency shall be made available to the public 
for inspection and copying.
(Source: P.A. 95-777, eff. 8-4-08.)