Illinois Compiled Statutes
Chapter 45 - INTERSTATE COMPACTS
45 ILCS 141/ - Radioactive Waste Compact Enforcement Act.

(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:
(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:
(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.)