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Public Act 91-0086
HB2767 Enrolled LRB9101295ACcs
AN ACT to amend the Radiation Protection Act of 1990 by
changing Section 11.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Radiation Protection Act of 1990 is
amended by changing Section 11 as follows:
(420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11)
Sec. 11. Federal-State Agreements.
(1) The Governor, on behalf of this State, is authorized
to enter into agreements with the Federal Government
providing for discontinuance of certain of the Federal
Government's responsibilities with respect to sources of
ionizing radiation and the assumption thereof by this State,
including, but not limited to, agreements concerning
by-product material as defined in Section 11(e)(2) of the
Atomic Energy Act of 1954, 42 U.S.C. 2014(e)(2).
(2) Any person who, on the effective date of an
agreement under subsection (1) above, possesses a license
issued by the Federal Government governing activities for
which the Federal Government, pursuant to such agreement, is
transferring its responsibilities to this State shall be
deemed to possess the same pursuant to a license issued under
this Act, which shall expire 90 days after receipt from the
Department of a notice of expiration of such license, or on
the date of expiration specified in the Federal license,
whichever is earlier.
(3) At such time as Illinois enters into a Federal-State
Agreement in accordance with the provisions of this Act, the
Department shall license and collect license fees from
persons operating radiation installations, including
installations involving the use or possession of by-product
material as defined in subsection (a)(2) of Section 4 and
installations having such devices or equipment utilizing or
producing radioactive materials but licensure shall not apply
to any x-ray machine, including those located in an office of
a licensed physician or dentist. The Department may also
collect license fees from persons authorized by the
Department to engage in decommissioning and decontamination
activities at radiation installations including installations
licensed to use or possess by-product material as defined in
subsection (a)(2) of Section 4. The license fees collected
from persons authorized to use or possess by-product material
as defined in subsection (a)(2) of Section 4 or to engage in
decommissioning and decontamination activities at radiation
installations where such by-product material is used or
possessed may include fees sufficient to cover the expenses
incurred by the Department in conjunction with monitoring
unlicensed properties contaminated with by-product material
as defined in subsection (a)(2) of Section 4 and overseeing
the decontamination of such unlicensed properties.
The Department may impose fees for termination of
licenses including, but not limited to, licenses for refining
uranium mill concentrates to uranium hexafluoride; licenses
for possession and use of source material at ore buying
stations, at ion exchange facilities and at facilities where
ore is processed to extract metals other than uranium or
thorium; and licenses authorizing the use or possession of
by-product material as defined in subsection (a)(2) of
Section 4. The Department may also set license fees for
licenses which authorize the distribution of devices,
products, or sealed sources involved in the production,
utilization, or containment of radiation. After a public
hearing before the Department, the fees and collection
procedures shall be prescribed under rules and regulations
for protection against radiation hazards promulgated under
this Act.
(4) The Department is authorized to enter into
agreements related to the receipt and expenditure of federal
grants and other funds to provide assistance to states and
compact regions in fulfilling responsibilities under the
federal Low-Level Radioactive Waste Policy Act, as amended.
(Source: P.A. 86-1341; 87-637.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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