420 ILCS 35/6: Radioactive waste sites; acquisition and funding of maintenance.

(a) It is recognized by the General Assembly that any site used for the concentration and storage of radioactive waste material will represent a continuing and perpetual responsibility in the interests of the public health, safety and general welfare, and that the same must ultimately be reposed in a sovereign government without regard for the existence or nonexistence of any particular agency, instrumentality, department, division or officer thereof. In all instances lands, buildings and grounds which are to be designated as sites for the concentration and storage of radioactive waste materials shall be acquired in fee simple absolute and dedicated in perpetuity to such purpose. All rights, title and interest in, of, and to any radioactive waste materials accepted by IEMA-OHS for permanent storage at such facilities, shall upon acceptance become the property of the State and shall be in all respects administered, controlled, and disposed of, including transfer by sale, lease, loan or otherwise, by IEMA-OHS in the name of the State. All fees received pursuant to contracts or agreements entered into by IEMA-OHS shall be deposited in the State Treasury and shall be set apart in a special fund to be known as the Low-Level Radioactive Waste Facility Operation Fund. Moneys deposited into the Low-Level Radioactive Waste Facility Operation Fund shall be expended by IEMA-OHS to monitor and maintain the site as required to protect the public health and safety on a continuing and perpetual basis.

(b) All payments received by IEMA-OHS (formerly the Department of Nuclear Safety) pursuant to the settlement agreement entered May 25, 1988, in the matter of the People of the State of Illinois, et al. v. Teledyne, Inc., et al. (No. 78 MR 25, Circuit Court, Bureau County, Illinois) shall be held in the Sheffield February 1982 Agreed Order Fund by the State Treasurer separate and apart from all public moneys or funds of the State, and shall be used only as provided in such settlement agreement. Interest earned by the investment or deposit of moneys accumulated in the Sheffield February 1982 Agreed Order Fund shall be deposited into the Sheffield February 1982 Agreed Order Fund for the continued maintenance of the Sheffield Low-Level Radioactive Waste Site and the surrounding buffer zone to protect the public health and safety on a continuing and perpetual basis.