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91st General Assembly
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Public Act 91-0340

HB2640 Enrolled                                LRB9104101ACtm

    AN ACT regarding radiation protection.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Radiation Installation Act is amended by
adding Section 7 as follows:

    (420 ILCS 30/7 new)
    Sec. 7.  Repeal.  This Act  is  repealed  on  January  1,
2000.

    Section  10.   The  Radiation  Protection  Act of 1990 is
amended by changing Sections 4, 10, 11, 13, 25,  27,  and  36
and adding Sections 24.7 and 25.1 as follows:

    (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)
    Sec. 4. Definitions.  As used in this Act:
    (a)  "Accreditation"  means  the  process  by  which  the
Department  of  Nuclear  Safety  grants permission to persons
meeting the requirements of this  Act  and  the  Department's
rules   and   regulations   to  engage  in  the  practice  of
administering radiation to human beings.
    (a-5) (a)  "By-product   material"   means:    (1)    any
radioactive   material   (except  special  nuclear  material)
yielded in or  made  radioactive  by  exposure  to  radiation
incident  to  the  process  of producing or utilizing special
nuclear material; and (2) the tailings or wastes produced  by
the  extraction  or  concentration of uranium or thorium from
any ore processed primarily for its source material  content,
including  discrete surface wastes resulting from underground
solution extraction processes but not  including  underground
ore bodies depleted by such solution extraction processes.
    (b)  "Department"  means the Department of Nuclear Safety
in the State of Illinois.
    (c)  "Director" means the Director of the  Department  of
Nuclear Safety.
    (d)  "General  license"  means  a  license,  pursuant  to
regulations  promulgated by the Department, effective without
the filing of  an  application  to  transfer,  acquire,  own,
possess  or  use  quantities  of,  or  devices  or  equipment
utilizing, radioactive material, including but not limited to
by-product, source or special nuclear materials.
    (d-3)  "Mammography"  means  radiography  of  the  breast
primarily   for  the  purpose  of  enabling  a  physician  to
determine  the  presence,  size,  location  and   extent   of
cancerous or potentially cancerous tissue in the breast.
    (d-7)  "Operator" is an individual, group of individuals,
partnership,  firm, corporation, association, or other entity
conducting the business or activities  carried  on  within  a
radiation installation.
    (e)  "Person"    means   any   individual,   corporation,
partnership, firm,  association,  trust,  estate,  public  or
private  institution, group, agency, political subdivision of
this State, any  other  State  or  political  subdivision  or
agency  thereof,  and  any  legal  successor, representative,
agent, or agency of the  foregoing,  other  than  the  United
States   Nuclear  Regulatory  Commission,  or  any  successor
thereto, and other than federal government agencies  licensed
by  the  United  States Nuclear Regulatory Commission, or any
successor thereto.
    (f)  "Radiation" or "ionizing radiation" means gamma rays
and x-rays, alpha and beta particles, high  speed  electrons,
neutrons,   protons,   and   other   nuclear   particles   or
electromagnetic radiations capable of producing ions directly
or  indirectly  in their passage through matter; but does not
include sound  or  radio  waves,  or  visible,  infrared,  or
ultraviolet light.
    (f-5)  "Radiation   emergency"   means  the  uncontrolled
release of radioactive material from a radiation installation
which poses a potential threat to the public health, welfare,
and safety.
    (g)  "Radiation installation" is any location or facility
where  radiation  machines  are  used  or  where  radioactive
material is produced, transported, stored,  disposed  of,  or
used for any purpose.
    (h)  "Radiation  machine"  is  any  device  that produces
radiation when in use.
    (i)  "Radioactive material" means any solid,  liquid,  or
gaseous substance which emits radiation spontaneously.
    (j)  "Radiation source" or "source of ionizing radiation"
means  a radiation machine or radioactive material as defined
herein.
    (k)  "Source material" means (1) uranium, thorium, or any
other material which the Department declares by order  to  be
source  material  after  the United States Nuclear Regulatory
Commission, or any  successor  thereto,  has  determined  the
material  to  be  such; or (2) ores containing one or more of
the  foregoing  materials,  in  such  concentration  as   the
Department  declares by order to be source material after the
United States Nuclear Regulatory Commission, or any successor
thereto, has determined the material in such concentration to
be source material.
    (l)  "Special  nuclear  material"  means  (1)  plutonium,
uranium 233, uranium enriched in the isotope 233  or  in  the
isotope  235,  and  any  other  material which the Department
declares by order to be special nuclear  material  after  the
United States Nuclear Regulatory Commission, or any successor
thereto, has determined the material to be such, but does not
include  source  material;  or  (2) any material artificially
enriched by any of the foregoing, but does not include source
material.
    (m)  "Specific license" means  a  license,  issued  after
application, to use, manufacture, produce, transfer, receive,
acquire,  own,  or  possess  quantities  of,  or  devices  or
equipment utilizing radioactive materials.
    (n)  "Radiation emergency" means the uncontrolled release
of  radioactive  material from a radiation installation which
poses a potential threat to the public health,  welfare,  and
safety.
    (o)  "Accreditation"  means  the  process  by  which  the
Department  of  Nuclear  Safety  grants permission to persons
meeting the requirements of this  Act  and  the  Department's
rules   and   regulations   to  engage  in  the  practice  of
administering radiation to human beings.
    (p)  "Mammography"  means  radiography  of   the   breast
primarily   for  the  purpose  of  enabling  a  physician  to
determine  the  presence,  size,  location  and   extent   of
cancerous or potentially cancerous tissue in the breast.
(Source: P.A. 86-1341; 87-604.)

    (420 ILCS 40/10) (from Ch. 111 1/2, par. 210-10)
    Sec.   10.  Licensing  of  certain  sources  of  ionizing
radiation.
    (1)  The Department shall provide by rule  or  regulation
for  general  or  specific licensing of by-product materials,
source materials, special nuclear materials,  or  devices  or
equipment utilizing or producing such materials. Such rule or
regulation   shall  provide  for  amendment,  suspension,  or
revocation of licenses.
    (2)  The Department is authorized to require registration
of other sources of ionizing radiation.
    (3)  The  Department  is  authorized  to  exempt  certain
sources of ionizing radiation or kinds of uses or users  from
the licensing requirements set forth in this section when the
Department makes a finding that the exemption of such sources
of  ionizing  radiation  or  kinds  of uses or users will not
constitute a significant risk to health  and  safety  of  the
public.
    (4)  The   Department  is  authorized  to  enforce  rules
pertaining to labeling, handling, packaging, transferring and
transporting radiation sources.
    (5)  The Department is authorized to  require  licensees,
including  those  conducting  activities involving by-product
material as defined in subsection (a-5)(2) (a)(2) of  Section
4  or possessing such material, to provide adequate financial
assurances such as surety bonds, cash deposits,  certificates
of  deposit,  or deposits of government securities to protect
the State against costs in the event of site  abandonment  or
failure  of a licensee to meet the Department's requirements,
as well as the costs of site reclamation and  long-term  site
monitoring  and  maintenance.   In  the event that custody of
by-product material as defined in subsection (a-5)(2)  (a)(2)
of Section 4, and the site at which such material is disposed
of,  is  transferred to the Federal Government, any financial
assurances collected for reclamation and long-term monitoring
and maintenance for that site shall  be  transferred  to  the
Federal Government.
    (6)  The  Department  is  authorized  to promulgate rules
establishing radiation exposure limits for  given  population
groups, including differential exposure limits based on age.
    (7)  The  Department is authorized to promulgate rules to
provide specific standards for what  training  or  equivalent
experience  it will require of a physician before approving a
specific license for human use of sealed radiation sources.
    (8)  Rules and regulations promulgated to implement  this
Act  may  provide  for  recognition of other State or Federal
licenses as the Department may  deem  desirable,  subject  to
such   registration   requirements   as  the  Department  may
prescribe.
    (9)  This Section shall not be  applicable  to  radiation
sources or materials regulated by the U.S. Nuclear Regulatory
Commission until an agreement or agreements have been entered
into pursuant to Section 11 of this Act.
    (10)  In  the  licensing and the regulation of by-product
material as defined in subsection (a-5)(2) (a)(2) of  Section
4, or of any activity which results in the production of such
by-product  material, the Department shall provide by rule or
regulation, and shall require compliance with, standards  for
the  protection  of  the  public  health  and  safety and the
environment  which  are  equivalent   to,   to   the   extent
practicable,  or  more  stringent than, standards adopted and
enforced by the U.S. Nuclear Regulatory  Commission  for  the
same    purpose,   including   requirements   and   standards
promulgated by the U.S. Environmental Protection Agency.
    (11)  Not later than 30  days  after  submission  to  the
Department  of  an  application for a new license for a fixed
location facility or a license amendment for a  new  location
for  a  facility, the Department shall provide written notice
of the application to the municipality where the facility  is
to  be  located.   If  the  facility  is  to be located in an
unincorporated area, the notice  shall  be  provided  to  the
county  in  which  the  facility is to be located and to each
municipality located within one and  one-half  miles  of  the
facility.   As  used  in  this  subsection,  "fixed  location
facility"  or  "facility"  means  a parcel of land or a site,
including the structures, equipment, and improvements  on  or
appurtenant  to  the  land or site, that is to be used by the
applicant  for  the  utilization,  manufacture,  storage,  or
distribution of licensed radioactive materials or devices  or
equipment   utilizing   or   producing  licensed  radioactive
materials, but shall not include a temporary job site.
(Source: P.A. 90-359, eff. 8-10-97.)
    (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-5)(2) (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-5)(2) (a)(2) of Section
4.  The license fees collected from persons authorized to use
or possess  by-product  material  as  defined  in  subsection
(a-5)(2)  (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-5)(2) (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-5)(2)  (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.
(Source: P.A. 86-1341; 87-637.)

    (420 ILCS 40/13) (from Ch. 111 1/2, par. 210-13)
    Sec.  13.  Custody  of by-product disposal sites; storage
and disposal fee.
    (1)  Any radioactive materials license  which  authorizes
any  activity  that  results  in the production of by-product
material as defined in subsection (a-5)(2) (a)(2) of  Section
4  or  which  authorizes  the  possession  of such by-product
material,  and  which  is  subsequently  terminated   without
renewal,  shall be terminated in compliance with this Section
and the rules and regulations promulgated pursuant thereto.
    (2)  Any radioactive materials license issued or  renewed
after  August  5,  1988,  which  authorizes any activity that
results in the production of by-product material  as  defined
in   subsection   (a-5)(2)  (a)(2)  of  Section  4  or  which
authorizes the possession of such by-product  material  shall
contain   such   terms   and  conditions  as  the  Department
determines  to  be  necessary  to  assure  that,   prior   to
termination of such license:
         (A)  The licensee will comply with prerequisites for
    termination    including,    but    not    limited    to,
    decontamination,    decommissioning    and    reclamation
    requirements  prescribed by the Department which shall be
    equivalent  to,  to  the  extent  practicable,  or   more
    stringent  than,  those  of  the  U.S. Nuclear Regulatory
    Commission  for  sites  at  which  ores  were   processed
    primarily for their source material content, and at which
    such   by-product   material  as  defined  in  subsection
    (a-5)(2) (a)(2) of Section 4 is deposited.
         (B)  If the State exercises the  option  to  acquire
    land  used  for  the  disposal  of by-product material as
    defined in  subsection  (a-5)(2)  (a)(2)  of  Section  4,
    ownership  of the land and such by-product material which
    resulted from the licensed activity shall, subject to the
    provisions of this Act, be transferred to the State.
    (3)  The Department shall:
         (A)  Require by  rule,  regulation  or  order  that,
    prior  to  the  termination of any license, title to both
    the land which is used under such license for disposal of
    by-product material as  defined  in  subsection  (a-5)(2)
    (a)(2)  of  Section  4,  and  the  by-product material as
    defined in subsection (a-5)(2) (a)(2) of Section 4, shall
    be transferred to the United States or the State  unless,
    prior  to  such  termination, the U.S. Nuclear Regulatory
    Commission determines that transfer of title to such land
    and  such  by-product  material  is  not   necessary   or
    desirable   to  protect  the  public  health,  safety  or
    welfare.
         (B)  Terminate radioactive materials  licenses  that
    authorize  any activity that results in the production of
    by-product material as  defined  in  subsection  (a-5)(2)
    (a)(2)  of  Section 4 or that authorize the possession of
    such material, only if,  prior  to  termination  of  such
    licenses,  the  licensee has completed decontamination of
    all  properties  that  have  been  identified  as   being
    contaminated  with  by-product  material  at the licensed
    site and  the  U.S.  Nuclear  Regulatory  Commission  has
    determined that all applicable standards and requirements
    pertaining to such material have been met.
         (C)  In  the event title is transferred to the State
    in accordance with paragraph (B)  of  subsection  (2)  of
    this Section, maintain the by-product material as defined
    in  subsection  (a-5)(2) (a)(2) of Section 4 and the land
    used for disposal of such by-product material in  such  a
    manner as to protect the public health and safety and the
    environment.
         (D)  Undertake   such  monitoring,  maintenance  and
    emergency measures as are necessary,  determined  on  its
    own   initiative   or  by  the  U.S.  Nuclear  Regulatory
    Commission, to protect the public health and safety  from
    those  materials  and  property  for  which the State has
    assumed custody pursuant to this Act.
    (4)  The transfer of title to land used for  disposal  of
by-product  material as defined in subsection (a-5)(2) (a)(2)
of Section 4 or such by-product material to the United States
or the State shall not relieve any licensee of liability  for
any  breach  of contract, tort or fraudulent or negligent act
or omission prior to such transfer.
    (5)  By-product  material  as   defined   in   subsection
(a-5)(2)  (a)(2)  of  Section  4  and land transferred to the
United States or the State in accordance  with  this  Section
shall be transferred without cost to the United States or the
State,  other than administrative and legal costs incurred by
the United States or the State in carrying out such transfer.
    (6)  In accordance with the  provisions  of  the  Uranium
Mill  Tailings  Radiation Control Act of 1978, the use of the
surface  or  subsurface  estates,  or  both,  of   the   land
transferred  to  the  United  States or the State pursuant to
paragraph (B) of subsection (2) of this Section is prohibited
unless  the  Commission  permits   such   use   after   first
determining  that  the  use  would  not  endanger  the public
health, safety or welfare or the environment.
(Source: P.A. 86-1341; 87-637; 87-1024.)

    (420 ILCS 40/24.7 new)
    Sec. 24.7.  Registration  requirement;  fees.   Beginning
January  1,  2000,  the  Department  is authorized to require
every operator of a radiation installation  to  register  the
installation  with  the Department before the installation is
placed in operation.  The Department is authorized to  exempt
certain  radiation sources from registration by rule when the
Department makes a determination that the exemption  of  such
sources  will not constitute a significant risk to health and
safety of the public.   Whenever  there  is  a  change  in  a
radiation   installation   that   affects   the  registration
information   provided   to   the    Department,    including
discontinuation  of  use or disposition of radiation sources,
the operator of such installation shall, within 30 days, give
written notice to the Department detailing the change.
    Beginning January 1, 2000, every  radiation  installation
operator  using radiation machines shall register annually in
a manner and form prescribed by the Department and shall  pay
the  Department an annual registration fee for each radiation
machine.  The Department shall by rule establish  the  annual
registration   fee   to   register   and   inspect  radiation
installations based on the type  of  facility  and  equipment
possessed  by  the registrant.  The Department shall bill the
operator for the registration fee as soon as practical  after
January  1.   The  registration  fee shall be due and payable
within 60 days of the date of billing.  If after 60 days  the
registration  fee  is  not  paid, the Department may issue an
order directing the operator of the installation to cease use
of  all  radiation  machines  or   take   other   appropriate
enforcement  action  as  provided  in Section 36 of this Act.
Fees collected under this Section are not refundable.
    Registration of  any  radiation  installation  shall  not
imply   approval  of  manufacture,  storage,  use,  handling,
operation, or disposal of radiation sources, but shall  serve
merely  as  notice to the Department of Nuclear Safety of the
location and character of radiation sources in this State.

    (420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25)
    Sec. 25. Radiation inspection and testing; fees.
    (a)  The Department  shall  inspect  and  test  radiation
installations   and   radiation   sources,   their  immediate
surroundings  and  records  concerning  their  operation   to
determine whether or not any radiation resulting therefrom is
or  may  be  detrimental  to health. For the purposes of this
Section,  "radiation  installation"  means  any  location  or
facility where radiation machines are  used.  The  inspection
and  testing  frequency  of a radiation installation shall be
based on the installation's class designation  in  accordance
with subsection (f).
    Inspections   of  mammography  installations  shall  also
include evaluation of  the  quality  of  mammography  phantom
images  produced  by  mammography  equipment.  The Department
shall promulgate rules establishing procedures and acceptance
standards for evaluating the quality of  mammography  phantom
images.
    Beginning on the effective date of this amendatory Act of
1997  and  until  June  30,  2000, the fee for inspection and
testing shall be paid yearly at an annualized rate  based  on
the  classifications  and frequencies set forth in subsection
(f).  The annualized fee for inspection and testing shall  be
based  on  the rate of $55 per radiation machine for machines
located in dental offices and clinics  and  used  solely  for
dental  diagnosis,  located  in  veterinary  offices and used
solely for diagnosis, or located in offices  and  clinics  of
persons  licensed under the Podiatric Medical Practice Act of
1987 and shall be based on the  rate  of  $80  per  radiation
machine for all other radiation machines.  The Department may
adopt  rules detailing the annualized rate structure. For the
year beginning January 1, 2000, the annual fee for inspection
and testing of Class D radiation installations shall  be  $25
per  radiation machine.  The Department is authorized to bill
the fees listed in this paragraph as part of the  annual  fee
specified in Section 24.7 of this Act.
    Beginning  July  1,  2000, the Department shall establish
the fees under Section 24.7 of this  Act  by  rule,  provided
that no increase of the fees shall take effect before January
1,  2001.  inspection  fees based on the type of facility and
equipment possessed by the registrant.  The Department  shall
bill  the  operator  for  the  appropriate  fee  as  soon  as
practical after the machine has been inspected and tested.
    Fees  assessed  under  this  subsection  shall be due and
payable within 60 days of the date of billing.  If  after  60
days  the  fee  for  inspection  and testing is not paid, the
Department may order the  operator  of  the  installation  to
cease use of the machines for which the fee is outstanding or
take  other  appropriate  enforcement  action  as provided in
Section 36 of this Act.  Any order issued by  the  Department
shall  afford  the  operator  a right to a hearing before the
Department; however, a written request for  hearing  must  be
served  on  the  Department  within  10 days of notice of the
order.  If the operator fails to file a  timely  request  for
hearing  with the Department, the operator shall be deemed to
have waived the right to a hearing.
    (b)  (Blank).  In lieu of inspections by the  Department,
an  operator of a radiation installation may elect to utilize
the services  of  a  nondepartment  qualified  inspector,  as
defined  in  subsection  (d),  to  inspect and test radiation
machines utilized therein.  Inspection  shall  be  personally
performed   by  the  nondepartment  qualified  inspector  and
inspection and testing results shall be documented  on  forms
provided  by  the  Department.    The nondepartment qualified
inspector shall certify on each radiation  inspection  report
submitted  to the Department that the nondepartment qualified
inspector personally performed the inspection  and  that  the
inspection  was  performed  in  accordance with the standards
established by the Department.  Beginning  on  the  effective
date  of this amendatory Act of 1997 and until June 30, 2000,
the fee for inspection review as described in this subsection
shall be paid yearly at  an  annualized  rate  based  on  the
classifications  and frequencies set forth in subsection (f).
The annualized inspection review fee shall be  based  on  the
rate  of $25 per radiation machine.  The Department may adopt
rules detailing the annualized rate structure.  On and  after
July  1,  2000,  the  Department  shall by rule establish the
inspection review fee. This inspection review fee  shall  not
apply   to   inspections   of  radiation  machines  used  for
mammography. Fees assessed under this subsection are due  and
payable  within  60  days of the date of billing. If after 60
days the inspection review fee is not  paid,  the  Department
may  order  the  operator of the installation to cease use of
the machines for which a fee is  outstanding  or  take  other
appropriate  enforcement  action as provided in Section 36 of
this Act.
    The inspection  and  testing  frequency  of  a  radiation
installation  shall  be  based  on  the  installation's class
designation and associated radiation hazards as determined by
the Department.  For purposes  of  this  Section,  "operator"
means an individual, group of individuals, partnership, firm,
corporation,   or  association  conducting  the  business  or
activities carried on within a radiation installation.
    (c)  (Blank). Every operator of a radiation  installation
shall  file an application for initial inspection and testing
in accordance with subsection (a) or (b) of this  Section  no
later  than  30  days  after  the  initial  installation of a
radiation machine. Radiation machines shall be inspected  and
tested   in  accordance  with  subsection  (a)  and  (b)  and
radiation  inspection  reports  shall  be  filed   with   the
Department   within   6   months   of  the  date  of  initial
installation. Thereafter,  applications  for  inspection  and
testing as well as the filing of radiation inspection reports
shall  be  made  periodically  in  accordance with a schedule
promulgated by the Department.
    (d)  (Blank). Each individual who conducts inspections as
a nondepartment qualified inspector  pursuant  to  subsection
(b)   above   shall   register   with  the  Department  as  a
nondepartment   qualified   inspector.     Application    for
registration  as a nondepartment qualified inspector shall be
made on a form prescribed by  the  Department  and  shall  be
accompanied   by   the   appropriate  application  fee.   The
Department shall approve  the  application  and  register  an
individual  as  a  nondepartment  qualified  inspector if the
individual  satisfies  the  criteria   established   by   the
Department.  The  Department shall establish such criteria by
regulation.  The  Department  shall  suspend  or  revoke  the
registration of any  nondepartment  qualified  inspector  who
fails  to  pay  the  registration  fee,  who fails to conduct
inspections in accordance with the standards  established  by
the   Department,   or   who  intentionally  submits  to  the
Department  an  inspection  report  that  contains  false  or
misleading information.
    (e)  (Blank).    The   Department   shall   assess    all
nondepartment  qualified  inspectors  an  annual registration
fee. The  Department  shall  establish  by  rule  the  annual
registration  fee which shall be payable by January 1 of each
year.  The Department shall assess all individuals filing  to
become  a  nondepartment  inspector  an application fee which
will serve as a registration fee for  the  remainder  of  the
calendar  year.   The  Department shall by rule establish the
application fee.  Registration and application fees  are  not
refundable.
    (f)  For    purposes    of    this   Section,   radiation
installations shall be defined as any  location  or  facility
where radiation machines are used and shall be divided into 4
3 classes:
         Class  A  -  Class  A  shall  include  all radiation
    machines located in dental offices and veterinary offices
    with radiation  machines  clinics  and  used  solely  for
    dental  diagnosis  or  located  in veterinary offices and
    used solely for diagnosis  and  all  installations  using
    commercially             manufactured             cabinet
    radiographic/fluoroscopic  radiation  machines. Operators
    of Class  A  installations  shall  have  their  radiation
    machines  inspected  and  tested  every  5  years  by the
    Department in accordance  with  Departmental  regulations
    and  radiation  inspection  reports  shall  be  filed  in
    accordance   with   subsection  (c).  Fees  shall  be  in
    accordance with subsection (a) or (b) of this Section.
         Class B  -  Class  B  shall  include  all  radiation
    machines,   other   than  machines  used  for  performing
    mammography, located in offices  or  clinics  of  persons
    licensed  under  the  Medical Practice Act of 1987 or, or
    under the Podiatric Medical Practice  Act  of  1987  with
    radiation machines, and used solely for diagnosis and all
    installations   using  spectroscopy  radiation  machines,
    noncommercially           manufactured            cabinet
    radiographic/fluoroscopic  radiation  machines,  portable
    radiographic/fluoroscopic        units,       non-cabinet
    baggage/package  fluoroscopic  radiation   machines   and
    electronic   beam   welders.   Operators   of   Class   B
    installations   shall   have   their  radiation  machines
    inspected and tested every 2 years by the  Department  in
    accordance  with  Departmental  regulations and radiation
    inspection reports shall  be  filed  in  accordance  with
    subsection   (c).   Fees  shall  be  in  accordance  with
    subsection (a) or (b) of this Section.
         Class C  -  Class  C  shall  include  all  radiation
    machines  which are not classified as Class A or Class B.
    Class C shall include but not  be  limited  to  radiation
    machines    located    in   hospitals   and   educational
    institutions, all radiation machines used for  performing
    mammography  procedures,  therapy,  and all installations
    using diffraction radiation  machines,  open  radiography
    radiation   machines,   closed  radiographic/fluoroscopic
    radiation machines and radiation machines used as gauges.
    Test  booths,  bays,  or  rooms  used  by  manufacturing,
    assembly  or  repair  facilities  for  testing  radiation
    machines  shall  be  categorized  as  Class  C  radiation
    installations. Operators of Class C  installations  shall
    have   their  radiation  machines  inspected  and  tested
    annually   by   the   Department   in   accordance   with
    Departmental regulations and radiation inspection reports
    shall be filed in accordance with  subsection  (c).  Fees
    shall be in accordance with subsection (a) or (b) of this
    Section.
         Class  D  -  Class D shall include all hospitals and
    all  other   facilities   using   mammography,   computed
    tomography  (CT), or therapeutic radiation machines. Each
    operator of a  Class  D  installation  shall  maintain  a
    comprehensive    radiation    protection   program.   The
    individual or individuals  responsible  for  implementing
    this  program  shall  register  with  the  Department  in
    accordance  with  Section 25.1.  As part of this program,
    the registered individual or individuals shall conduct an
    annual performance evaluation of all  radiation  machines
    and   oversee  the  equipment-related  quality  assurance
    practices  within  the  installation.    The   registered
    individual  or  individuals  shall determine and document
    whether the installation's radiation machines  are  being
    maintained  and  operated  in  accordance  with standards
    promulgated by  the  Department.   Class  D  installation
    shall be inspected annually by the Department.
    (f-1)  Radiation  installations  for  which more than one
class is applicable  shall  be  assigned  the  classification
requiring the most frequent inspection and testing.
    (f-2)  Radiation installations not classified as Class A,
B,  C,  or  D  shall  be  inspected  according to frequencies
established by  the  Department  based  upon  the  associated
radiation hazards, as determined by the Department.
    (g)  The  Department is authorized to maintain a facility
for  the  purpose  of  calibrating  radiation  detection  and
measurement   instruments   in   accordance   with   national
standards.  The  Department  may  make  calibration  services
available to public or private entities within or outside  of
Illinois and may assess a reasonable fee for such services.
(Source: P.A. 89-199, eff. 7-21-95; 90-391, eff. 8-15-97.)

    (420 ILCS 40/25.1 new)
    Sec.  25.1.   Beginning  January 1, 2000, each individual
responsible  for  implementing  a   comprehensive   radiation
protection program for Class D installations, as described in
Section 25(f) of this Act, shall be required to register with
the  Department.   Application for registration shall be made
on  a  form  prescribed  by  the  Department  and  shall   be
accompanied  by the required application fee.  The Department
shall approve the application and register an  individual  if
the  individual satisfies criteria established by rule of the
Department.    The   Department   shall   assess   registered
individuals an annual registration fee.  The Department shall
establish by rule application  and  registration  fees.   The
application and registration fees shall not be refundable.

    (420 ILCS 40/27) (from Ch. 111 1/2, par. 210-27)
    Sec.  27.  The  Department  is  authorized shall have the
power to enter at all reasonable times upon  any  private  or
public property for the purpose of determining whether or not
there  is  compliance  with or violation of the provisions of
this Act and rules and regulations  issued  thereunder.   The
Department  may inspect and investigate premises, operations,
and personnel and have access to and  copy  records  for  the
purpose of evaluating past, current, and potential hazards to
the public health, workers, or the environment resulting from
radiation.   Entry,  except  that  entry into areas under the
jurisdiction of the Federal Government shall be effected only
with the concurrence of the Federal Government  or  its  duly
designated representative.
(Source: P.A. 86-1341.)
    (420 ILCS 40/36) (from Ch. 111 1/2, par. 210-36)
    Sec.   36.  Order  for  violation  abatement  and  public
hearing. Whenever the Department believes upon 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 provisions of this Act or any rules
or regulations promulgated under  this  Act,  the  Department
may:
         (1)  order the discontinuance of such violation;
         (2)  suspend  or  revoke  a  license or registration
    issued by the Department  previously  for  the  radiation
    source or the radiation installation or its operator;
         (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  Department  for  any
    costs  incurred by the Department in conjunction with the
    transfer, storage, treatment or disposal of the radiation
    sources.
    The Department shall also have the authority to take  any
of  the  actions  specified  in paragraphs (4), (5) or (6) of
this Section if a  licensee  seeks  to  terminate  a  license
issued by the Department pursuant to this Act or to otherwise
abandon a radiation installation.
    Any  such  actions  by  the  Department shall be based on
standards  and  procedures  established  by  rules   of   the
Department.   Under  such  rules,  the Department may provide
that all or a portion of the cost of such actions be 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  Department  shall  include  a  summary  of its
findings which give evidence  of  the  violation.  Any  party
affected  by  an order of the Department shall have the right
to a  hearing  before  the  Department;  however,  a  written
request  for such a hearing shall be served on the Department
within 10 days of 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 Department  issued  under  this  Section,
except  an  order issued pursuant to Section 38 herein, shall
take effect until the Department shall find  upon  conclusion
of  such  hearing that a condition 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. 86-1341; 87-604; 87-1024.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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