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Public Act 92-0387
HB3014 Enrolled LRB9203727LBgcB
AN ACT concerning radioactive materials.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Radiation Protection Act of 1990 is
amended by changing Section 3 and by adding Section 49 as
follows:
(420 ILCS 40/3) (from Ch. 111 1/2, par. 210-3)
(Section scheduled to be repealed on January 1, 2011)
Sec. 3. Purpose. It is the purpose of this Act to
effectuate the policies set forth in Section 2 by providing
for:
(1) a program of effective regulation of radiation
sources for the protection of human health, welfare and
safety;
(2) a program to promote an orderly regulatory pattern
within the State, among the States and between the Federal
Government and the State and facilitate intergovernmental
cooperation with respect to use and regulation of sources of
ionizing radiation to the end that duplication of regulation
may be minimized;
(3) a program to establish procedures for assumption and
performance of certain regulatory responsibilities with
respect to by-product, source and special nuclear materials;
and
(4) a program to permit maximum utilization of sources
of ionizing radiation consistent with the health and safety
of the public; and.
(5) a cost-effective remediation that is protective of
the public health of the sites designated as the Ottawa
radiation sites on the National Priorities List under the
federal Comprehensive Environmental Response, Compensation
and Liability Act of 1980, as amended.
(Source: P.A. 86-1341.)
(420 ILCS 40/49 new)
Sec. 49. Remediation of Ottawa radiation sites. In
order to accomplish a cost-effective remediation that is
protective of the public health, the Department shall have
the following powers regarding the sites designated as the
Ottawa radiation sites on the National Priorities List under
the federal Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended:
(1) to cooperate with and receive the assistance of
other State agencies including, but not limited to, the
Illinois Attorney General, the Department of Natural
Resources, the Department of Transportation, and the
Environmental Protection Agency;
(2) to enter into contracts; and
(3) to accept by gift, donation, or bequest and to
purchase any interests in lands, buildings, grounds, and
rights-of-way in, around, or adjacent to the Ottawa
radiation sites and, upon completion of remediation, to
transfer property to the Department of Natural Resources.
Section 5. The Radon Industry Licensing Act is amended
by changing Sections 20 and 35 as follows:
(420 ILCS 44/20)
Sec. 20. General powers.
(a) The Department may undertake projects to determine
whether and to what extent radon and radon progeny are
present in dwellings and other buildings, to determine to
what extent their presence constitutes a risk to public
health, and to determine what measures are effective in
reducing and preventing the risk to public health.
(b) In addition to other powers granted under this Act,
the Department is authorized to:
(1) Establish a program for measuring radon or
radon progeny in dwellings and other buildings.
(2) Conduct surveys and studies in cooperation with
the Department of Natural Resources and the Department of
Public Health to determine the distribution and
concentration of radon or radon progeny in dwellings and
other buildings and the associated health risk and to
evaluate measures that may be used to mitigate a present
or potential health risk.
(3) Enter into dwellings and other buildings with
the consent of the owner or occupant to engage in
monitoring activities or to conduct remedial action
studies or programs.
(4) Enter into contracts for projects undertaken
pursuant to subsection (a).
(5) Enter into agreements with other departments,
agencies, and subdivisions of the federal government, the
State, and units of local government to implement this
Act.
(6) Establish training and educational programs.
(7) Apply for, accept, and use grants or other
financial assistance and accept and use gifts of money or
property to implement this Act.
(8) Provide technical assistance to persons and to
other State departments, agencies, political
subdivisions, units of local government, and school
districts.
(9) Prescribe forms for application for licensure.
(10) Establish the minimum qualifications for
licensure, including requirements for examinations or
performance testing, and issue licenses to persons found
to be qualified.
(10.5) Investigate any unlicensed activity.
(11) Conduct hearings or proceedings to revoke,
suspend, or refuse to issue or renew a license, or assess
civil penalties.
(12) Adopt rules for the administration and
enforcement of this Act.
(13) Establish by rule the application and
inspection fees for the licensing program.
(Source: P.A. 90-262, eff. 7-30-97.)
(420 ILCS 44/35)
Sec. 35. Penalties.
(a) A person required to be licensed under Section 25 of
this Act who sells a device or performs a service without
being properly licensed under this Act shall, in addition to
any other penalty provided by law, pay a civil penalty to the
Department in an amount not to exceed $5,000, for each
offense, as determined by the Department. Any person
assessed a civil penalty under this Section shall be afforded
an opportunity for hearing in accordance with Department
regulations prior to final action by the Department. The
civil penalty must be paid within 30 days after the order
becomes a final and binding administrative determination.
(b) A person who violates a provision of this Act shall
be guilty of a business offense and shall be fined not less
than $500 nor more than $1,000 for the first offense and
shall be guilty of a Class A misdemeanor for a subsequent
offense. Each day that a violation continues constitutes a
separate offense. A licensed radon contractor found guilty
of a violation of a provision of this Act shall automatically
have his or her license terminated by the Department.
(Source: P.A. 90-262, eff. 7-30-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 23, 2001.
Approved August 16, 2001.
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