Sec. 10.3. Site characterization; license application; adjudicatory hearing; exclusivity.

444 words·~2 min read·/il/chapter-420/act-20/10-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If the contractor chosen under Sections 5 and 10, following characterization, determines that the proposed site is appropriate for the development of a regional disposal facility, the contractor shall submit to the Agency an application for a license to construct and operate the facility at the selected site.

(b)If the contractor determines, following or at any time during characterization of a site, that the proposed site is not appropriate for the development of a regional disposal facility, the Agency may require the contractor to propose an additional site from the locations identified under the site selection process established under subsection (c-5) of Section 10.2. The new proposed site shall be the subject of public notice, distribution, and public meeting conducted by the Agency under the procedures set forth in subsections

(f)and

(g)of Section 10.2 of this Act. The contractor selected by the Agency shall propose additional sites and the Agency shall conduct additional public meetings until the contractor has determined, following characterization, that the site is appropriate for the development of the regional disposal facility. Upon the selection of a proposed site under this subsection, the contractor shall submit to the Agency an application for a license to construct and operate a regional disposal facility at the selected site.

(c)The Agency shall review the license application filed pursuant to Section 8 and subsections

(a)and

(b)of this Section in accordance with its rules and the agreement between the State of Illinois and the Nuclear Regulatory Commission under Section 274 of the Atomic Energy Act. If the Agency determines that the license should be issued, the Agency shall publish in the State newspaper a notice of intent to issue the license. Objections to issuance of the license may be filed within 90 days of publication of the notice. Upon receipt of objections, the Director shall appoint a hearing officer who shall conduct an adjudicatory hearing on the objections. The burden of proof at the hearing shall be on the person filing the objections. Upon completion of the hearing, the hearing officer shall recommend to the Director whether the license should be issued. The decision of the Director to issue or deny the license may be appealed under Section 18.

(d)The procedures, criteria, terms, and conditions set forth in this Act, and in the rules adopted under this Act, for the treatment, storage, and disposal of low-level radioactive waste and for the siting, licensure, design, construction, maintenance, operation, closure, decommissioning, and post-closure care of the regional disposal facility shall be the exclusive procedures, criteria, terms, and conditions for those matters.