LOW-LEVEL RADIOACTIVE WASTE

Illinois General Assembly - Full Text of HB3508

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Full Text of HB3508

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HB3508 - 104th General Assembly

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Senate Amendment 001

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HB3508 Engrossed
LRB104 09464 BDA 19525 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Low-Level Radioactive Waste
5
Management Act is amended by changing Sections 3 and 4 as
6
follows:

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
10
Management Agency and Office of Homeland Security, or its
11
successor agency.
12

"Broker" means any person who takes possession of
13
low-level waste for purposes of consolidation and shipment.
14

"Compact" means the Central Midwest Interstate Low-Level
15
Radioactive Waste Compact.
16

"Decommissioning" means the measures taken at the end of a
17
facility's operating life to assure the continued protection
18
of the public from any residual radioactivity or other
19
potential hazards present at a facility.
20

"Director" means the Director of the Agency.
21

"Disposal" means the isolation of waste from the biosphere
22
in a permanent facility designed for that purpose.
23

"Facility" means a parcel of land or site, together with

HB3508 Engrossed
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LRB104 09464 BDA 19525 b
1
structures, equipment and improvements on or appurtenant to
2
the land or site, which is used or is being developed for the
3
treatment, storage or disposal of low-level radioactive waste.
4
"Facility" does not include lands, sites, structures
,
or
5
equipment used by a generator in the generation of low-level
6
radioactive wastes.
7

"Generator" means any person who produces or possesses
8
low-level radioactive waste in the course of or incident to
9
manufacturing, power generation, processing, medical diagnosis
10
and treatment, research, education
,
or other activity.
11

"Hazardous waste" means a waste, or combination of wastes,
12
which because of its quantity, concentration, or physical,
13
chemical, or infectious characteristics may cause or
14
significantly contribute to an increase in mortality or an
15
increase in serious, irreversible, or incapacitating
16
reversible, illness; or pose a substantial present or
17
potential hazard to human health or the environment when
18
improperly treated, stored, transported, or disposed of, or
19
otherwise managed, and which has been identified, by
20
characteristics or listing, as hazardous under Section 3001 of
21
the Resource Conservation and Recovery Act of 1976, P.L.
22
94-580 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

HB3508 Engrossed
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LRB104 09464 BDA 19525 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
9
waste not classified as (1) high-level radioactive waste, (2)
10
transuranic waste, (3) spent nuclear fuel, or (4) byproduct
11
material as defined in Sections 11e(2), 11e(3), and 11e(4) of
12
the Atomic Energy Act of 1954 (42 U.S.C. 2014). This
13
definition shall apply notwithstanding any declaration by the
14
federal government, a state, or any regulatory agency that any
15
radioactive material is exempt from any regulatory control.
16

"Mixed waste" means waste that is both "hazardous waste"
17
and "low-level radioactive waste" as defined in this Act.
18

"Nuclear facilities" means nuclear power plants,
19
facilities housing nuclear test and research reactors,
20
facilities for the chemical conversion of uranium, and
21
facilities for the storage of spent nuclear fuel or high-level
22
radioactive waste.
23

"Nuclear power plant" or "nuclear steam-generating
24
facility" means a thermal power plant in which the energy
25
(heat) released by the fissioning of nuclear fuel is used to
26
boil water to produce steam.

HB3508 Engrossed
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LRB104 09464 BDA 19525 b
1

"Nuclear power reactor" means an apparatus, other than an
2
atomic weapon, designed or used to sustain nuclear fission in
3
a self-supporting chain reaction.

4

"Person" means an individual, corporation, business
5
enterprise
,
or other legal entity either public or private and
6
any legal successor, representative, agent
,
or agency of that
7
individual, corporation, business enterprise, or legal entity.
8

"Post-closure care" means the continued monitoring of the
9
regional disposal facility after closure for the purposes of
10
detecting a need for maintenance, ensuring environmental
11
safety, and determining compliance with applicable licensure
12
and regulatory requirements, and includes undertaking any
13
remedial actions necessary to protect public health and the
14
environment from radioactive releases from the facility.
15

"Regional disposal facility" or "disposal facility" means
16
the facility established by the State of Illinois under this
17
Act for disposal away from the point of generation of waste
18
generated in the region of the Compact.
19

"Release" means any spilling, leaking, pumping, pouring,
20
emitting, emptying, discharging, injecting, escaping,
21
leaching, dumping
,
or disposing into the environment of
22
low-level radioactive waste.
23

"Remedial action" means those actions taken in the event
24
of a release or threatened release of low-level radioactive
25
waste into the environment
,
to prevent or minimize the release
26
of the waste so that it does not migrate to cause substantial

HB3508 Engrossed
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LRB104 09464 BDA 19525 b
1
danger to present or future public health or welfare or the
2
environment. The term includes, but is not limited to, actions
3
at the location of the release such as storage, confinement,
4
perimeter protection using dikes, trenches or ditches, clay
5
cover, neutralization, cleanup of released low-level
6
radioactive wastes, recycling or reuse, dredging or
7
excavations, repair or replacement of leaking containers,
8
collection of leachate and runoff, onsite treatment or
9
incineration, provision of alternative water supplies
,
and any
10
monitoring reasonably required to assure that these actions
11
protect human health and the environment.
12

"Scientific Surveys" means, collectively, the Illinois
13
State Geological Survey and the Illinois State Water Survey of
14
the University of Illinois.
15

"Shallow land burial" means a land disposal facility in
16
which radioactive waste is disposed of in or within the upper
17
30 meters of the earth's surface. However, this definition
18
shall not include an enclosed, engineered, structurally
19
re-enforced and solidified bunker that extends below the
20
earth's surface.
21

"Small modular reactor" or "SMR" means an advanced nuclear
22
reactor: (1) with a rated nameplate capacity of 300 electrical
23
megawatts or less; and (2) that may be constructed and
24
operated in combination with similar reactors at a single
25
site.
26

"Storage" means the temporary holding of waste for

HB3508 Engrossed
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LRB104 09464 BDA 19525 b
1
treatment or disposal for a period determined by Agency
2
regulations.
3

"Treatment" means any method, technique
,
or process,
4
including storage for radioactive decay, designed to change
5
the physical, chemical
,
or biological characteristics or
6
composition of any waste in order to render the waste safer for
7
transport, storage
,
or disposal, amenable to recovery,
8
convertible to another usable material
,
or reduced in volume.
9

"Waste management" means the storage, transportation,
10
treatment
,
or disposal of waste.
11

"Water treatment residuals" means biosolids, sludge,
12
filter media, anthracite, scales, or other solids, either
13
alone or as a component of liquid mixtures or solutions, that
14
are technologically enhanced in combined radium concentration
15
(radium-226, radium-228 or associated progeny) as a result of
16
the treatment of water or sewage containing naturally
17
occurring radium from groundwater.

18
(Source: P.A. 103-306, eff. 7-28-23; 103-569, eff. 6-1-24;
19
revised 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
23
generators of any amount of low-level radioactive waste in
24
Illinois shall register with the Agency within 60 days of the
25
commencement of generating any low-level radioactive wastes.

HB3508 Engrossed
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LRB104 09464 BDA 19525 b
1
The registration shall be in a format prescribed by the Agency
2
and shall contain all of the following: the name, address, and
3
officers of the generator; information on the types of wastes
4
produced or possessed; and any other information required by
5
the Agency.
6

(2) All registered generators of any amount of low-level
7
radioactive waste in Illinois shall file an annual report with
8
the Agency. The annual report shall contain information on the
9
types and quantities of low-level wastes produced in the
10
previous year and expected to be produced in the future; the
11
methods used to manage these wastes; the technological
12
feasibility, economic reasonableness, and environmental
13
soundness of alternative treatment, storage and disposal
14
methods; and any other information required by the Agency.
15

(3) All brokers of any amount of low-level radioactive
16
waste in Illinois shall register with the Agency within 60
17
days after the commencement of taking possession of any
18
low-level radioactive waste. The registration shall be in a
19
format prescribed by the Agency and shall contain the name,
20
address, and officers of the broker and any other information
21
required by the Agency.
22

(4) All registered brokers of any amount of low-level
23
radioactive waste in Illinois shall file an annual report with
24
the Agency. The annual report shall contain information on the
25
types and quantities of low-level radioactive wastes received
26
and shipped, identification of the generators from whom such

HB3508 Engrossed
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LRB104 09464 BDA 19525 b
1
wastes were received, and the destination of shipments of such
2
wastes.
3

(5) All registration forms and annual reports required to
4
be filed with the Agency may be made available to the public
5
for inspection and copying pursuant to the Freedom of
6
Information Act.
7

(b) Generators who meet one of the following provisions
8
are exempt from the registration requirements in paragraph (1)
9
of 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

HB3508 Engrossed
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LRB104 09464 BDA 19525 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.)

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