TITLE 32: ENERGY
CHAPTER II: ILLINOIS EMERGENCY MANAGEMENT AGENCY
SUBCHAPTER b: RADIATION PROTECTION
PART 310 GENERAL PROVISIONS FOR RADIATION PROTECTION
SECTION 310.80 VIOLATIONS


 

Section 310.80  Violations

 

a)         Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this Act, or who violates any determination or order of the Agency promulgated pursuant to the Act is guilty of a Class A misdemeanor; provided each day during which violation continues shall constitute a separate offense; and in addition thereto, such person may be enjoined from continuing such violation as hereinafter provided.  [420 ILCS 40/39(a)]

 

b)         A person who knowingly makes a false material statement to an Agency employee during the course of official Agency business or in an application for accreditation, certification, registration or licensure under the Act is guilty of a Class A misdemeanor for a first offense and is guilty of a Class 4 felony for a second or subsequent offense.  [420 ILCS 40/39(b)(1)]

 

c)         A person who knowingly alters a credential, certificate, registration, or license issued by the Agency for the purpose of evading a requirement of the Act is guilty of a Class A misdemeanor for a first offense and is guilty of a Class 4 felony for a second or subsequent offense.  [420 ILCS 40/39(b)(2)]

 

d)         Whenever the Agency believes upon examination of records or inspection and examination of a radiation installation or a radiation source as constructed, operated, or maintained that there has been a violation of any of the Agency's rules or regulations promulgated pursuant to the Act, the Agency, in addition to taking other enforcement action, may impose a civil penalty, not to exceed $10,000 for such violation, provided each day the violation continues shall constitute a separate offense.  [420 ILCS 40/36]

 

e)         The penalties provided herein shall be recoverable in an action brought in the name of the people of the State of Illinois by the Attorney General.  [420 ILCS 40/39(c)]

 

(Source:  Amended at 29 Ill. Reg. 20748, effective December 16, 2005)