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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 This Act is repealed on January 1,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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