(420 ILCS 40/36)
(from Ch. 111 1/2, par. 210-36)
(Section scheduled to be repealed on January 1, 2021)
Order for violation abatement and public hearing.
Whenever the Agency believes upon examination of records or inspection and examination
radiation installation or a radiation source as constructed, operated or
maintained that there has been a violation of any of the provisions of
this Act or any rules or regulations promulgated under this Act,
the Agency may:
(1) order the discontinuance of such violation;
(2) suspend or revoke a license or registration
issued by the Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency;
(3) impose a civil penalty, not to exceed $10,000 for
such violation, provided each day the violation continues shall constitute a separate offense;
(4) order the decontamination of any property or
structure which has been contaminated as a result of such violation;
(5) restrict access to any property which has been
contaminated as a result of such violation; or
(6) impound, order the impounding of, or confiscate
radiation sources possessed by operators or other persons engaging in such violation and order the owner of the radiation sources to reimburse the Agency for any costs incurred by the Department of Nuclear Safety or the Agency in conjunction with the transfer, storage, treatment or disposal of the radiation sources.
The Agency shall also have the authority to take any of
specified in paragraphs (4), (5) or (6) of this Section if a licensee
seeks to terminate a license issued by the Department of Nuclear Safety
or its successor agency, the Illinois Emergency Management Agency,
pursuant to this Act
or to otherwise abandon a radiation installation.
Any such actions by the Agency shall be based on standards
procedures established by rules of the Agency. Under such
Agency may provide that all or a portion of the cost of such
assessed to operators of radiation installations or other persons
responsible for the violation or contamination.
The civil penalties and costs assessed under this Section shall be
recoverable in an action brought in the name of the people of the State of
Illinois by the Attorney General.
In any order issued to an offending party under this Section, the
Agency shall include a summary of its findings which give
the violation. Any party affected by an order of the Department of Nuclear
Safety or its successor agency, the Illinois Emergency Management Agency,
the right to a hearing before the Agency; however, a written
for such a hearing shall be served on the Agency within 10
notice of such order. In the absence of receipt of a request for hearing
the affected party shall be deemed to have waived his right to a hearing.
No order of the Agency issued under this Section, except
order issued pursuant to Section 38 herein, shall take effect until the
Agency shall find upon conclusion of such hearing that a
exists which constitutes a violation of any provision of this Act or any
code, rule or regulation promulgated under this Act except in the event
that the right to public hearing is waived as provided herein in which
case the order shall take effect immediately.
(Source: P.A. 94-104, eff. 7-1-05