Illinois Compiled Statutes
Chapter 420 - NUCLEAR SAFETY
420 ILCS 37/ - Radioactive Waste Tracking and Permitting Act.

(420 ILCS 37/1)
Sec. 1.
Short title.
This Act may be cited as the Radioactive Waste Tracking and Permitting Act.

(Source: P.A. 88-616, eff. 9-9-94.)

(420 ILCS 37/5)
Sec. 5. Legislative findings.
(a) The General Assembly finds:
(b) It is the intent of this Act to authorize the Illinois Emergency Management Agency to establish, by regulation, a tracking system for the regulation of the
use of facilities licensed under Section 8 of the Illinois Low-Level
Radioactive Waste Management Act.

(Source: P.A. 95-777, eff. 8-4-08.)

(420 ILCS 37/10)
Sec. 10. Definitions.
(a) "Agency" means the Illinois Emergency Management Agency.
(b) "Director" means the Director of the Illinois Emergency Management Agency.
(c) "Disposal" means the isolation of waste from the biosphere in a
permanent facility designed for that purpose.
(d) "Facility" means a parcel of land or a site, together with 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.
(e) "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 a state that any radioactive material
is exempt from any regulatory control.
(f) "Person" means an individual, corporation, business enterprise, or other
legal entity, public or private, or any legal successor, representative, agent,
or agency of that individual, corporation, business enterprise, or legal
entity.
(g) "Regional facility" or "disposal facility" means a facility that is
located in Illinois and established by Illinois, under designation of Illinois
as a
host state by the Commission for disposal of waste.
(h) "Storage" means the temporary holding of waste for treatment or
disposal for a period determined by Agency regulations.
(i) "Treatment" means any method, technique, or process, including storage
for radioactive decay, that is 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.

(Source: P.A. 95-777, eff. 8-4-08.)

(420 ILCS 37/15)
Sec. 15. Permit requirements for the storage, treatment, and disposal of
waste at a disposal facility.
(a) Upon adoption of regulations under subsection (c) of this Section,
no person
shall deposit any low-level radioactive waste at a storage, treatment, or
disposal facility in Illinois licensed under Section 8 of the Illinois
Low-Level Radioactive Waste Management Act without a permit granted by the Illinois Emergency Management Agency.
(b) Upon adoption of regulations under subsection (c) of this Section,
no person
shall operate a storage, treatment, or disposal facility licensed under Section
8 of the Illinois Low-Level Radioactive Waste Management Act without a permit
granted by the Illinois Emergency Management Agency.
(c) The Illinois Emergency Management Agency shall adopt regulations providing
for the
issuance, suspension, and revocation of permits required under subsections (a)
and (b) of this Section. The regulations may provide a system for tracking
low-level radioactive
waste to ensure that waste that other states are responsible for disposing of
under federal law does not become the responsibility of the State of Illinois.
The regulations shall be consistent with the Federal Hazardous Materials
Transportation Act.
(d) The Agency may enter into a contract or contracts for operation of
the system for tracking low-level radioactive waste as provided in subsection
(c) of this Section.
(e) A person who violates this Section or any regulation promulgated under
this Section shall be subject to a civil penalty, not to exceed $10,000, for
each violation. Each day a violation continues shall constitute a separate
offense. A person who fails to pay a civil penalty imposed by a regulation
adopted under this Section, or any portion of the penalty, is liable in a civil
action in an amount not to exceed 4 times the amount imposed and not paid. 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 provided for by
this Section. Any civil penalties so recovered shall be deposited in the
Low-Level Radioactive Waste Facility Closure, Post-Closure Care and
Compensation Fund.

(Source: P.A. 95-777, eff. 8-4-08.)

(420 ILCS 37/20)
Sec. 20.
(Repealed).

(Source: P.A. 88-616. Repealed by internal repealer.)

(420 ILCS 37/25)
Sec. 25.
(Repealed).

(Source: P.A. 88-616. Repealed by internal repealer.)

(420 ILCS 37/40)
Sec. 40.
(Amendatory provisions; text omitted).

(Source: P.A. 88-616, eff. 9-9-94; text omitted.)

(420 ILCS 37/50)
Sec. 50.
(Amendatory provisions; text omitted).

(Source: P.A. 88-616, eff. 9-9-94; text omitted.)

(420 ILCS 37/55)
Sec. 55.
(Amendatory provisions; text omitted).

(Source: P.A. 88-616, eff. 9-9-94; text omitted.)

(420 ILCS 37/60)
Sec. 60.
(Amendatory provisions; text omitted).

(Source: P.A. 88-616, eff. 9-9-94; text omitted.)

(420 ILCS 37/99)
Sec. 99.
Effective date.
This Act takes effect upon becoming law.

(Source: P.A. 88-616, eff. 9-9-94.)