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 35/1) (from Ch. 111 1/2, par. 230.1)
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.)

(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)
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.)

(420 ILCS 35/3) (from Ch. 111 1/2, par. 230.3)
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.)

(420 ILCS 35/4) (from Ch. 111 1/2, par. 230.4)
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.)

(420 ILCS 35/5) (from Ch. 111 1/2, par. 230.5)
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.)

(420 ILCS 35/6) (from Ch. 111 1/2, par. 230.6)
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.)