Chapter 420 — NUCLEAR SAFETY

(420 ILCS 5/1) (from Ch. 111 1/2, par. 4301) Sec. 1. This Act shall be known and may be cited as the "Illinois Nuclear Safety Preparedness Act". (Source: P.A. 81-577.)

(420 ILCS 5/10) (from Ch. 111 1/2, par. 4310) Sec. 10. The Agency may accept and administer according to law, loans, grants, or other funds or gifts from the Federal Government and from other sources, public and private, for carrying out its functions under this Act. (Source: P.A…

(420 ILCS 5/11) (from Ch. 111 1/2, par. 4311) Sec. 11. Fees and expenses related to federal activities and facilities. If any activity or facility for which a fee is imposed or an expense is incurred under this Act is an activity or facility of the federal government, the fee sha…

(420 ILCS 5/2) (from Ch. 111 1/2, par. 4302) Sec. 2. It is declared to be the policy of the General Assembly to protect the people of the State of Illinois against adverse health effects resulting from radiological accidents by establishing a mechanism for emergency preparedness …

(420 ILCS 5/2.5) (Section scheduled to be repealed on June 1, 2026) Sec. 2.5. Applicability. This Act does not apply to small modular reactors. (Source: P.A. 103-569, eff. 6-1-24. Repealed by P.A. 104-458, eff. 6-1-26.)

(420 ILCS 5/3) (from Ch. 111 1/2, par. 4303) (Text of Section before amendment by P.A. 104-458) Sec. 3. Definitions. Unless the context otherwise clearly requires, as used in this Act: (1) "Agency" or "IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homelan…

(420 ILCS 5/4) (from Ch. 111 1/2, par. 4304) (Text of Section before amendment by P.A. 104-458) Sec. 4. Nuclear accident plans; fees. Persons engaged within this State in the production of electricity utilizing nuclear energy, the operation of nuclear test and research reactors, …

(420 ILCS 5/5) (from Ch. 111 1/2, par. 4305) (Text of Section before amendment by P.A. 104-458) Sec. 5. (a) Except as otherwise provided in this Section, within 30 days after the beginning of each State fiscal year, each person who possessed a valid operating license issued by th…

(420 ILCS 5/6) Sec. 6. (Repealed). (Source: P.A. 93-1029, eff. 8-25-04. Repealed by P.A. 97-732, eff. 6-30-12.)

(420 ILCS 5/6.5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 6.5. Rulemaking. The Agency is authorized to adopt rules as appropriate to implement any provision of this Act not otherwise specified. (Source: P.A. 104-458, eff. 6-1-26.)

(420 ILCS 5/7) (from Ch. 111 1/2, par. 4307) Sec. 7. All monies received by the Agency under this Act shall be deposited in the State Treasury and shall be set apart in a special fund to be known as the "Nuclear Safety Emergency Preparedness Fund". All monies within the Nuclear S…

(420 ILCS 5/8) (from Ch. 111 1/2, par. 4308) (Text of Section before amendment by P.A. 104-458) Sec. 8. (a) The Illinois Nuclear Safety Preparedness Program shall consist of an assessment of the potential nuclear accidents, their radiological consequences, and the necessary prote…

(420 ILCS 5/8.5) Sec. 8.5. (Repealed). (Source: P.A. 97-732, eff. 6-30-12. Repealed internally, eff. 1-1-15.)

(420 ILCS 5/9) (from Ch. 111 1/2, par. 4309) (Text of Section before amendment by P.A. 104-458) Sec. 9. Any equipment purchased by the Agency to be installed on the premises of a nuclear facility pursuant to the provisions of subsections (1), (2) and (7) of Section 8 of this Act …

(420 ILCS 10/1) (from Ch. 111 1/2, par. 4351) Sec. 1. Short Title. This Act shall be known and may be cited as the "Illinois Nuclear Facility Safety Act". (Source: P.A. 86-901.)

(420 ILCS 10/2) (from Ch. 111 1/2, par. 4352) Sec. 2. Policy statement. It is declared to be the policy of the State of Illinois to prevent accidents at nuclear facilities in Illinois for the economic well-being of the People of the State of Illinois and for the health and safety…

(420 ILCS 10/2.5) Sec. 2.5. Applicability. This Act does not apply to small modular reactors. (Source: P.A. 103-569, eff. 6-1-24.)

(420 ILCS 10/3) (from Ch. 111 1/2, par. 4353) Sec. 3. Legislative findings. The General Assembly finds: (a) that Illinois has more operating nuclear power plants than any state in the Nation; (b) that Illinois has a commercial, away-from-reactor, spent nuclear fuel storage facili…

(420 ILCS 10/3.5) (Text of Section before amendment by P.A. 104-458) Sec. 3.5. Definitions. In this Act: "IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homeland Security, or its successor agency. "Director" means the Director of IEMA-OHS. "Nuclear facilit…

(420 ILCS 10/4) (from Ch. 111 1/2, par. 4354) Sec. 4. Authorization. The Agency is authorized to enter into any and all cooperative agreements with the federal Nuclear Regulatory Commission consistent with the applicable provisions of the Atomic Energy Act. (Source: P.A. 95-777, …

(420 ILCS 10/5) (from Ch. 111 1/2, par. 4355) (Text of Section before amendment by P.A. 104-458) Sec. 5. Program for Illinois nuclear power plant inspectors. (a) Consistent with federal law and policy statements of and cooperative agreements with the Nuclear Regulatory Commission…

(420 ILCS 10/7) (from Ch. 111 1/2, par. 4357) (Text of Section before amendment by P.A. 104-458) Sec. 7. The Agency shall not engage in any program of Illinois resident inspectors or inspectors assigned under subsection (b) of Section 5 at any nuclear power plant in Illinois exce…

(420 ILCS 15/0.01) (from Ch. 111 1/2, par. 230.20) Sec. 0.01. Short title. This Act may be cited as the Spent Nuclear Fuel Act. (Source: P.A. 86-1324.)

(420 ILCS 15/1) (from Ch. 111 1/2, par. 230.21) Sec. 1. For the purposes of this Act, "spent nuclear fuel" means the irradiated energy source that is permanently removed from the core of a nuclear fission reactor either because it can no longer effectively sustain a chain reactio…

(420 ILCS 15/2) (from Ch. 111 1/2, par. 230.22) Sec. 2. No person may dispose of, store, or accept any spent nuclear fuel which was used in any power generating facility located outside this State, or transport into this State for disposal or storage any spent nuclear fuel which …

(420 ILCS 15/3) (from Ch. 111 1/2, par. 230.23) Sec. 3. Any person who violates any provision of this Act shall be liable to a civil penalty of not to exceed $10,000 for each violation and an additional civil penalty of not to exceed $1,000 for each day during which violation con…

(420 ILCS 15/4) (from Ch. 111 1/2, par. 230.24) Sec. 4. The State's Attorney in a county where a violation occurs or Attorney General may institute a civil action for immediate injunction to halt any activity which is in violation of this Act. (Source: P.A. 100-863, eff. 8-14-18.…

(420 ILCS 20/1) (from Ch. 111 1/2, par. 241-1) Sec. 1. This Act shall be known and may be cited as the "Illinois Low-Level Radioactive Waste Management Act". (Source: P.A. 83-991.)

(420 ILCS 20/10) (from Ch. 111 1/2, par. 241-10) Sec. 10. Disposal facility contractor selection. Upon adopting the regulations establishing requirements for waste disposal facilities provided for in Section 6, the Agency shall solicit proposals for the selection of one or more c…

(420 ILCS 20/10.2) (from Ch. 111 1/2, par. 241-10.2) Sec. 10.2. Selection of site for characterization. (a) (Blank). (b) (Blank). (c) (Blank). (c-3) (Blank). (c-5) The Agency may adopt rules establishing a site selection process for a regional disposal facility. In developing rul…

(420 ILCS 20/10.3) (from Ch. 111 1/2, par. 241-10.3) Sec. 10.3. Site characterization; license application; adjudicatory hearing; exclusivity. (a) If the contractor chosen under Sections 5 and 10, following characterization, determines that the proposed site is appropriate for th…

(420 ILCS 20/11) (from Ch. 111 1/2, par. 241-11) Sec. 11. Report by the Agency. (a) (Blank). (b) (Blank). (c) At any time necessary, as determined by the Director, to ensure proper planning and policy responses relating to the continued availability of facilities for the storage …

(420 ILCS 20/12.1) (from Ch. 111 1/2, par. 241-12.1) Sec. 12.1. Grants; community agreements. (a) The Director may make grants to the county or counties containing a site proposed under subsection (d) of Section 10.2 and may make grants to any municipality containing or within 1.…

(420 ILCS 20/13) (from Ch. 111 1/2, par. 241-13) (Text of Section before amendment by P.A. 104-458) Sec. 13. Waste fees. (a) The Agency shall collect a fee from each generator of low-level radioactive wastes in this State, except as otherwise provided in this subsection. Except a…

(420 ILCS 20/14) (from Ch. 111 1/2, par. 241-14) (Text of Section before amendment by P.A. 104-458) Sec. 14. Waste management funds. (a) There is hereby created in the State Treasury a special fund to be known as the Low-Level Radioactive Waste Facility Development and Operation …

(420 ILCS 20/15) (from Ch. 111 1/2, par. 241-15) (Text of Section before amendment by P.A. 104-458) Sec. 15. Compensation. (a) Any person may apply to the Agency pursuant to this Section for compensation of a loss caused by the release, in Illinois, of radioactivity from the regi…

(420 ILCS 20/17) (from Ch. 111 1/2, par. 241-17) (Text of Section before amendment by P.A. 104-458) Sec. 17. Penalties. (a) Any person operating any facility in violation of Section 8 shall be subject to a civil penalty not to exceed $100,000 per day of violation. (b) Any person …

(420 ILCS 20/18) (from Ch. 111 1/2, par. 241-18) Sec. 18. Judicial review. Any person affected by a final order or determination of the Agency under this Act may obtain judicial review, by filing a petition for review within 90 days after the entry of the order or other final act…

(420 ILCS 20/19) (from Ch. 111 1/2, par. 241-19) Sec. 19. Agreement State Status. The Governor, on behalf of this State, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with re…

(420 ILCS 20/2) (from Ch. 111 1/2, par. 241-2) Sec. 2. (a) The General Assembly finds: (1) that low-level radioactive wastes are produced in this State with even greater volumes to be produced in the future; (2) that such radioactive wastes pose a significant risk to the public h…

(420 ILCS 20/20) (from Ch. 111 1/2, par. 241-20) Sec. 20. Appointment of Compact Commissioners. The Illinois voting and nonvoting Commissioners of the Central Midwest Interstate Low-Level Radioactive Waste Commission shall be appointed by the Governor and subject to confirmation …

(420 ILCS 20/21) (from Ch. 111 1/2, par. 241-21) (Text of Section before amendment by P.A. 104-458) Sec. 21. Shared Liability. Any state which enacts the Central Midwest Interstate Low-Level Radioactive Waste Compact and has as its resident a generator shall be liable for the cos…

(420 ILCS 20/21.1) (from Ch. 111 1/2, par. 241-21.1) Sec. 21.1. (a) For the purpose of conducting subsurface surveys and other studies under this Act, officers and employees of the Agency and officers and employees of any person under contract or subcontract with the Agency shall…

(420 ILCS 20/21.5) (from Ch. 111 1/2, par. 241-21.5) Sec. 21.5. Agreement by Central Midwest Interstate Low-Level Radioactive Waste Commission for the right to use facilities outside the region for waste generated within the region; specific approval. In accordance with paragraph…

(420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3) (Text of Section from P.A. 104-148) Sec. 3. Definitions. As used in this Act: "Agency" or "IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homeland Security, or its successor agency. "Broker" means any person w…

(420 ILCS 20/4) (from Ch. 111 1/2, par. 241-4) Sec. 4. Generator and broker registration. (a)(1) Except as provided in subsection (b), all generators of any amount of low-level radioactive waste in Illinois shall register with the Agency within 60 days of the commencement of gene…

(420 ILCS 20/5) (from Ch. 111 1/2, par. 241-5) Sec. 5. Requirements for disposal facility contractors; operating agreements. (a) The Agency shall promulgate rules and regulations establishing standards applicable to the selection of a contractor or contractors for the design, dev…

(420 ILCS 20/6) (from Ch. 111 1/2, par. 241-6) Sec. 6. Requirements for disposal facility. (a) The Agency shall as it deems necessary to protect human health and the environment, promulgate rules and regulations establishing standards applicable to the regional disposal facility.…

(420 ILCS 20/7) (from Ch. 111 1/2, par. 241-7) Sec. 7. Requirements for waste treatment. The Agency shall promulgate rules and regulations establishing standards applicable to the treatment of low-level radioactive wastes disposed of in any facility in Illinois necessary to prote…

(420 ILCS 20/8) (from Ch. 111 1/2, par. 241-8) Sec. 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 grant…