420 ILCS 20/13: Waste fees.

(a) The Agency shall collect a fee from each generator of low-level radioactive wastes in this State, except for units of local government. Except as provided in subsection (b), the amount of the fee shall be $100 or the following amount, whichever is greater:

(1) $3 per cubic foot of waste stored for shipment; and

(2) $3 per cubic foot of waste shipped for storage, treatment, or disposal, provided that no fees have been collected previously for storage of the waste.

All fees collected under this subsection shall be collected annually or as determined by the Agency and shall be deposited into the fund provided in Section 14 of this Act.

(b) The owner of any nuclear power reactor that has a license issued by the Nuclear Regulatory Commission for any portion of a State fiscal year shall pay an annual fee in accordance with subsection (a) or $30,000 per nuclear power reactor, whichever is less. The fee shall be paid by July 1 of each State fiscal year. All moneys collected under this subsection shall be deposited pursuant to Section 14 and expended, subject to appropriation, for the purposes provided in Section 14.

If the balance in the Low-Level Radioactive Waste Facility Operation Fund falls below $500,000, at the end of any fiscal year, the Agency is authorized to assess by rule an additional annual fee to be paid by the owners of nuclear power reactors for which licenses have been issued by the Nuclear Regulatory Commission. The additional annual fee shall be payable on the date or dates specified by rule and shall not exceed $30,000 per nuclear power reactor per year.

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(f) Any operating agreement entered into under subsection (b) of Section 5 of this Act between the Agency and any disposal facility contractor shall, subject to the provisions of this Act, authorize the contractor to impose upon and collect from persons using the disposal facility fees designed and set at levels reasonably calculated to produce sufficient revenues (1) to pay all costs and expenses properly incurred or accrued in connection with, and properly allocated to, performance of the contractor's obligations under the operating agreement, and (2) to provide reasonable and appropriate compensation or profit to the contractor under the operating agreement. For purposes of this subsection (f), the term "costs and expenses" may include, without limitation, (i) direct and indirect costs and expenses for labor, services, equipment, materials, insurance and other risk management costs, interest and other financing charges, and taxes or fees in lieu of taxes; (ii) payments to or required by the United States, the State of Illinois or any agency or department thereof, the Central Midwest Interstate Low-Level Radioactive Waste Compact, and subject to the provisions of this Act, any unit of local government; (iii) amortization of capitalized costs with respect to the disposal facility and its development, including any capitalized reserves; and (iv) payments with respect to reserves, accounts, escrows or trust funds required by law or otherwise provided for under the operating agreement.

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(j-5) Prior to commencement of facility operations, the Agency shall adopt rules providing for the establishment and collection of fees and charges with respect to the use of the disposal facility as provided in subsection (f) of this Section.

(k) The regional disposal facility shall be subject to ad valorem real estate taxes lawfully imposed by units of local government and school districts with jurisdiction over the facility. No other local government tax, surtax, fee or other charge on activities at the regional disposal facility shall be allowed except as authorized by the Agency.

(l) The Agency shall have the power, in the event that acceptance of waste for disposal at the regional disposal facility is suspended, delayed or interrupted, to impose emergency fees on the generators of low-level radioactive waste. Generators shall pay emergency fees within 30 days of receipt of notice of the emergency fees. The Agency shall deposit all of the receipts of any fees collected under this subsection into the Low-Level Radioactive Waste Facility Operation Fund. Emergency fees may be used to mitigate the impacts of the suspension or interruption of acceptance of waste for disposal. The requirements for rulemaking in the Illinois Administrative Procedure Act shall not apply to the imposition of emergency fees under this subsection.

(m) The Agency shall adopt any rules and regulations as may be necessary to implement this Section.