Illinois § 8

§ 8.

Requirements for waste facility licensing. (a) No person shall operate any facility for the storage, treatment, or disposal of low-level radioactive wastes away from the point of generation in Illinois without a license granted by the Agency. (b) Each application for a license under this Section shall contain such information as may be required by the Agency, including, but not limited to, information respecting: (1) estimates of the quantities and types of wastes to be stored, treated or disposed of at the facility; (2) the design specifications and proposed operating procedures of the facility necessary to assure compliance with the rules adopted under Sections 6 and 7; (3) financial and personnel information necessary to assure the integrity and qualifications of the contractor selected to operate the facility; (4) a closure plan to ensure the proper closure, decommissioning, and post-closure care of the disposal facility; and (5) a contingency plan to establish the procedures to be followed in the event of unanticipated radioactive releases. (c) The Director may issue a license for the construction and operation of a facility authorized by this Act, provided the applicant for the license has complied with applicable provisions of this Act and regulations of the Agency. No license issued by the Director shall authorize the disposal of mixed waste at any regional disposal facility. In the event that an applicant or licensee proposes modifications to a facility, or in the event that the Director determines that modifications are necessary to conform to the requirements of this Act, the Director may issue any license modifications necessary to protect human health and the environment and may specify the time allowed to complete the modifications. (d) Upon a determination by the Director of substantial noncompliance with any license granted under this Act or upon a determination that an emergency exists posing a significant hazard to public health and the environment, the Director may revoke a license issued under this Act. Before revoking any license, the Director shall serve notice upon the alleged violator setting forth the Sections of this Act, or the rules adopted under this Act, that are alleged to have been violated. The Director shall hold at least one public hearing not later than 30 days following the notice. (e) No person shall operate and the Director shall not issue any license under this Section to operate any disposal facility for the shallow land burial of low-level radioactive wastes in Illinois. (f) (Blank). (g) Notwithstanding subsection (d) of Section 10.3 of this Act, a license issued by the Agency to operate any regional disposal facility shall be revoked as a matter of law to the extent that the license authorizes disposal if: (1) the facility accepts for disposal byproduct material as defined in Section 11e(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014), high-level radioactive waste or mixed waste, and (2) (A) if the facility is located more than 1 1/2 miles from the boundary of a municipality and the county in which the facility is located passes an ordinance ordering the license revoked, or (B) if the facility is located within a municipality or within 1 1/2 miles of the boundary of a municipality and that municipality passes an ordinance ordering the license revoked. (Source: P.A. 95-777, eff. 8-4-08.)