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91_HB2640
LRB9104101ACtm
1 AN ACT regarding radiation protection.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Radiation Installation Act is amended by
5 adding Section 7 as follows:
6 (420 ILCS 30/7 new)
7 Sec. 7. Repeal. This Act is repealed on January 1,
8 2000.
9 Section 10. The Radiation Protection Act of 1990 is
10 amended by changing Sections 4, 10, 11, 13, 25, 27, and 36
11 and adding Sections 24.7 and 25.1 as follows:
12 (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)
13 Sec. 4. Definitions. As used in this Act:
14 (a) "Accreditation" means the process by which the
15 Department of Nuclear Safety grants permission to persons
16 meeting the requirements of this Act and the Department's
17 rules and regulations to engage in the practice of
18 administering radiation to human beings.
19 (a-5) (a) "By-product material" means: (1) any
20 radioactive material (except special nuclear material)
21 yielded in or made radioactive by exposure to radiation
22 incident to the process of producing or utilizing special
23 nuclear material; and (2) the tailings or wastes produced by
24 the extraction or concentration of uranium or thorium from
25 any ore processed primarily for its source material content,
26 including discrete surface wastes resulting from underground
27 solution extraction processes but not including underground
28 ore bodies depleted by such solution extraction processes.
29 (b) "Department" means the Department of Nuclear Safety
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1 in the State of Illinois.
2 (c) "Director" means the Director of the Department of
3 Nuclear Safety.
4 (d) "General license" means a license, pursuant to
5 regulations promulgated by the Department, effective without
6 the filing of an application to transfer, acquire, own,
7 possess or use quantities of, or devices or equipment
8 utilizing, radioactive material, including but not limited to
9 by-product, source or special nuclear materials.
10 (d-3) "Mammography" means radiography of the breast
11 primarily for the purpose of enabling a physician to
12 determine the presence, size, location and extent of
13 cancerous or potentially cancerous tissue in the breast.
14 (d-7) "Operator" is an individual, group of individuals,
15 partnership, firm, corporation, association, or other entity
16 conducting the business or activities carried on within a
17 radiation installation.
18 (e) "Person" means any individual, corporation,
19 partnership, firm, association, trust, estate, public or
20 private institution, group, agency, political subdivision of
21 this State, any other State or political subdivision or
22 agency thereof, and any legal successor, representative,
23 agent, or agency of the foregoing, other than the United
24 States Nuclear Regulatory Commission, or any successor
25 thereto, and other than federal government agencies licensed
26 by the United States Nuclear Regulatory Commission, or any
27 successor thereto.
28 (f) "Radiation" or "ionizing radiation" means gamma rays
29 and x-rays, alpha and beta particles, high speed electrons,
30 neutrons, protons, and other nuclear particles or
31 electromagnetic radiations capable of producing ions directly
32 or indirectly in their passage through matter; but does not
33 include sound or radio waves, or visible, infrared, or
34 ultraviolet light.
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1 (f-5) "Radiation emergency" means the uncontrolled
2 release of radioactive material from a radiation installation
3 which poses a potential threat to the public health, welfare,
4 and safety.
5 (g) "Radiation installation" is any location or facility
6 where radiation machines are used or where radioactive
7 material is produced, transported, stored, disposed of, or
8 used for any purpose.
9 (h) "Radiation machine" is any device that produces
10 radiation when in use.
11 (i) "Radioactive material" means any solid, liquid, or
12 gaseous substance which emits radiation spontaneously.
13 (j) "Radiation source" or "source of ionizing radiation"
14 means a radiation machine or radioactive material as defined
15 herein.
16 (k) "Source material" means (1) uranium, thorium, or any
17 other material which the Department declares by order to be
18 source material after the United States Nuclear Regulatory
19 Commission, or any successor thereto, has determined the
20 material to be such; or (2) ores containing one or more of
21 the foregoing materials, in such concentration as the
22 Department declares by order to be source material after the
23 United States Nuclear Regulatory Commission, or any successor
24 thereto, has determined the material in such concentration to
25 be source material.
26 (l) "Special nuclear material" means (1) plutonium,
27 uranium 233, uranium enriched in the isotope 233 or in the
28 isotope 235, and any other material which the Department
29 declares by order to be special nuclear material after the
30 United States Nuclear Regulatory Commission, or any successor
31 thereto, has determined the material to be such, but does not
32 include source material; or (2) any material artificially
33 enriched by any of the foregoing, but does not include source
34 material.
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1 (m) "Specific license" means a license, issued after
2 application, to use, manufacture, produce, transfer, receive,
3 acquire, own, or possess quantities of, or devices or
4 equipment utilizing radioactive materials.
5 (n) "Radiation emergency" means the uncontrolled release
6 of radioactive material from a radiation installation which
7 poses a potential threat to the public health, welfare, and
8 safety.
9 (o) "Accreditation" means the process by which the
10 Department of Nuclear Safety grants permission to persons
11 meeting the requirements of this Act and the Department's
12 rules and regulations to engage in the practice of
13 administering radiation to human beings.
14 (p) "Mammography" means radiography of the breast
15 primarily for the purpose of enabling a physician to
16 determine the presence, size, location and extent of
17 cancerous or potentially cancerous tissue in the breast.
18 (Source: P.A. 86-1341; 87-604.)
19 (420 ILCS 40/10) (from Ch. 111 1/2, par. 210-10)
20 Sec. 10. Licensing of certain sources of ionizing
21 radiation.
22 (1) The Department shall provide by rule or regulation
23 for general or specific licensing of by-product materials,
24 source materials, special nuclear materials, or devices or
25 equipment utilizing or producing such materials. Such rule or
26 regulation shall provide for amendment, suspension, or
27 revocation of licenses.
28 (2) The Department is authorized to require registration
29 of other sources of ionizing radiation.
30 (3) The Department is authorized to exempt certain
31 sources of ionizing radiation or kinds of uses or users from
32 the licensing requirements set forth in this section when the
33 Department makes a finding that the exemption of such sources
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1 of ionizing radiation or kinds of uses or users will not
2 constitute a significant risk to health and safety of the
3 public.
4 (4) The Department is authorized to enforce rules
5 pertaining to labeling, handling, packaging, transferring and
6 transporting radiation sources.
7 (5) The Department is authorized to require licensees,
8 including those conducting activities involving by-product
9 material as defined in subsection (a-5)(2) (a)(2) of Section
10 4 or possessing such material, to provide adequate financial
11 assurances such as surety bonds, cash deposits, certificates
12 of deposit, or deposits of government securities to protect
13 the State against costs in the event of site abandonment or
14 failure of a licensee to meet the Department's requirements,
15 as well as the costs of site reclamation and long-term site
16 monitoring and maintenance. In the event that custody of
17 by-product material as defined in subsection (a-5)(2) (a)(2)
18 of Section 4, and the site at which such material is disposed
19 of, is transferred to the Federal Government, any financial
20 assurances collected for reclamation and long-term monitoring
21 and maintenance for that site shall be transferred to the
22 Federal Government.
23 (6) The Department is authorized to promulgate rules
24 establishing radiation exposure limits for given population
25 groups, including differential exposure limits based on age.
26 (7) The Department is authorized to promulgate rules to
27 provide specific standards for what training or equivalent
28 experience it will require of a physician before approving a
29 specific license for human use of sealed radiation sources.
30 (8) Rules and regulations promulgated to implement this
31 Act may provide for recognition of other State or Federal
32 licenses as the Department may deem desirable, subject to
33 such registration requirements as the Department may
34 prescribe.
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1 (9) This Section shall not be applicable to radiation
2 sources or materials regulated by the U.S. Nuclear Regulatory
3 Commission until an agreement or agreements have been entered
4 into pursuant to Section 11 of this Act.
5 (10) In the licensing and the regulation of by-product
6 material as defined in subsection (a-5)(2) (a)(2) of Section
7 4, or of any activity which results in the production of such
8 by-product material, the Department shall provide by rule or
9 regulation, and shall require compliance with, standards for
10 the protection of the public health and safety and the
11 environment which are equivalent to, to the extent
12 practicable, or more stringent than, standards adopted and
13 enforced by the U.S. Nuclear Regulatory Commission for the
14 same purpose, including requirements and standards
15 promulgated by the U.S. Environmental Protection Agency.
16 (11) Not later than 30 days after submission to the
17 Department of an application for a new license for a fixed
18 location facility or a license amendment for a new location
19 for a facility, the Department shall provide written notice
20 of the application to the municipality where the facility is
21 to be located. If the facility is to be located in an
22 unincorporated area, the notice shall be provided to the
23 county in which the facility is to be located and to each
24 municipality located within one and one-half miles of the
25 facility. As used in this subsection, "fixed location
26 facility" or "facility" means a parcel of land or a site,
27 including the structures, equipment, and improvements on or
28 appurtenant to the land or site, that is to be used by the
29 applicant for the utilization, manufacture, storage, or
30 distribution of licensed radioactive materials or devices or
31 equipment utilizing or producing licensed radioactive
32 materials, but shall not include a temporary job site.
33 (Source: P.A. 90-359, eff. 8-10-97.)
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1 (420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11)
2 Sec. 11. Federal-State Agreements.
3 (1) The Governor, on behalf of this State, is authorized
4 to enter into agreements with the Federal Government
5 providing for discontinuance of certain of the Federal
6 Government's responsibilities with respect to sources of
7 ionizing radiation and the assumption thereof by this State,
8 including, but not limited to, agreements concerning
9 by-product material as defined in Section 11(e)(2) of the
10 Atomic Energy Act of 1954, 42 U.S.C. 2014(e)(2).
11 (2) Any person who, on the effective date of an
12 agreement under subsection (1) above, possesses a license
13 issued by the Federal Government governing activities for
14 which the Federal Government, pursuant to such agreement, is
15 transferring its responsibilities to this State shall be
16 deemed to possess the same pursuant to a license issued under
17 this Act, which shall expire 90 days after receipt from the
18 Department of a notice of expiration of such license, or on
19 the date of expiration specified in the Federal license,
20 whichever is earlier.
21 (3) At such time as Illinois enters into a Federal-State
22 Agreement in accordance with the provisions of this Act, the
23 Department shall license and collect license fees from
24 persons operating radiation installations, including
25 installations involving the use or possession of by-product
26 material as defined in subsection (a-5)(2) (a)(2) of Section
27 4 and installations having such devices or equipment
28 utilizing or producing radioactive materials but licensure
29 shall not apply to any x-ray machine, including those located
30 in an office of a licensed physician or dentist. The
31 Department may also collect license fees from persons
32 authorized by the Department to engage in decommissioning and
33 decontamination activities at radiation installations
34 including installations licensed to use or possess by-product
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1 material as defined in subsection (a-5)(2) (a)(2) of Section
2 4. The license fees collected from persons authorized to use
3 or possess by-product material as defined in subsection
4 (a-5)(2) (a)(2) of Section 4 or to engage in decommissioning
5 and decontamination activities at radiation installations
6 where such by-product material is used or possessed may
7 include fees sufficient to cover the expenses incurred by the
8 Department in conjunction with monitoring unlicensed
9 properties contaminated with by-product material as defined
10 in subsection (a-5)(2) (a)(2) of Section 4 and overseeing the
11 decontamination of such unlicensed properties.
12 The Department may impose fees for termination of
13 licenses including, but not limited to, licenses for refining
14 uranium mill concentrates to uranium hexafluoride; licenses
15 for possession and use of source material at ore buying
16 stations, at ion exchange facilities and at facilities where
17 ore is processed to extract metals other than uranium or
18 thorium; and licenses authorizing the use or possession of
19 by-product material as defined in subsection (a-5)(2) (a)(2)
20 of Section 4. The Department may also set license fees for
21 licenses which authorize the distribution of devices,
22 products, or sealed sources involved in the production,
23 utilization, or containment of radiation. After a public
24 hearing before the Department, the fees and collection
25 procedures shall be prescribed under rules and regulations
26 for protection against radiation hazards promulgated under
27 this Act.
28 (Source: P.A. 86-1341; 87-637.)
29 (420 ILCS 40/13) (from Ch. 111 1/2, par. 210-13)
30 Sec. 13. Custody of by-product disposal sites; storage
31 and disposal fee.
32 (1) Any radioactive materials license which authorizes
33 any activity that results in the production of by-product
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1 material as defined in subsection (a-5)(2) (a)(2) of Section
2 4 or which authorizes the possession of such by-product
3 material, and which is subsequently terminated without
4 renewal, shall be terminated in compliance with this Section
5 and the rules and regulations promulgated pursuant thereto.
6 (2) Any radioactive materials license issued or renewed
7 after August 5, 1988, which authorizes any activity that
8 results in the production of by-product material as defined
9 in subsection (a-5)(2) (a)(2) of Section 4 or which
10 authorizes the possession of such by-product material shall
11 contain such terms and conditions as the Department
12 determines to be necessary to assure that, prior to
13 termination of such license:
14 (A) The licensee will comply with prerequisites for
15 termination including, but not limited to,
16 decontamination, decommissioning and reclamation
17 requirements prescribed by the Department which shall be
18 equivalent to, to the extent practicable, or more
19 stringent than, those of the U.S. Nuclear Regulatory
20 Commission for sites at which ores were processed
21 primarily for their source material content, and at which
22 such by-product material as defined in subsection
23 (a-5)(2) (a)(2) of Section 4 is deposited.
24 (B) If the State exercises the option to acquire
25 land used for the disposal of by-product material as
26 defined in subsection (a-5)(2) (a)(2) of Section 4,
27 ownership of the land and such by-product material which
28 resulted from the licensed activity shall, subject to the
29 provisions of this Act, be transferred to the State.
30 (3) The Department shall:
31 (A) Require by rule, regulation or order that,
32 prior to the termination of any license, title to both
33 the land which is used under such license for disposal of
34 by-product material as defined in subsection (a-5)(2)
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1 (a)(2) of Section 4, and the by-product material as
2 defined in subsection (a-5)(2) (a)(2) of Section 4, shall
3 be transferred to the United States or the State unless,
4 prior to such termination, the U.S. Nuclear Regulatory
5 Commission determines that transfer of title to such land
6 and such by-product material is not necessary or
7 desirable to protect the public health, safety or
8 welfare.
9 (B) Terminate radioactive materials licenses that
10 authorize any activity that results in the production of
11 by-product material as defined in subsection (a-5)(2)
12 (a)(2) of Section 4 or that authorize the possession of
13 such material, only if, prior to termination of such
14 licenses, the licensee has completed decontamination of
15 all properties that have been identified as being
16 contaminated with by-product material at the licensed
17 site and the U.S. Nuclear Regulatory Commission has
18 determined that all applicable standards and requirements
19 pertaining to such material have been met.
20 (C) In the event title is transferred to the State
21 in accordance with paragraph (B) of subsection (2) of
22 this Section, maintain the by-product material as defined
23 in subsection (a-5)(2) (a)(2) of Section 4 and the land
24 used for disposal of such by-product material in such a
25 manner as to protect the public health and safety and the
26 environment.
27 (D) Undertake such monitoring, maintenance and
28 emergency measures as are necessary, determined on its
29 own initiative or by the U.S. Nuclear Regulatory
30 Commission, to protect the public health and safety from
31 those materials and property for which the State has
32 assumed custody pursuant to this Act.
33 (4) The transfer of title to land used for disposal of
34 by-product material as defined in subsection (a-5)(2) (a)(2)
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1 of Section 4 or such by-product material to the United States
2 or the State shall not relieve any licensee of liability for
3 any breach of contract, tort or fraudulent or negligent act
4 or omission prior to such transfer.
5 (5) By-product material as defined in subsection
6 (a-5)(2) (a)(2) of Section 4 and land transferred to the
7 United States or the State in accordance with this Section
8 shall be transferred without cost to the United States or the
9 State, other than administrative and legal costs incurred by
10 the United States or the State in carrying out such transfer.
11 (6) In accordance with the provisions of the Uranium
12 Mill Tailings Radiation Control Act of 1978, the use of the
13 surface or subsurface estates, or both, of the land
14 transferred to the United States or the State pursuant to
15 paragraph (B) of subsection (2) of this Section is prohibited
16 unless the Commission permits such use after first
17 determining that the use would not endanger the public
18 health, safety or welfare or the environment.
19 (Source: P.A. 86-1341; 87-637; 87-1024.)
20 (420 ILCS 40/24.7 new)
21 Sec. 24.7. Registration requirement; fees. Beginning
22 January 1, 2000, the Department is authorized to require
23 every operator of a radiation installation to register the
24 installation with the Department before the installation is
25 placed in operation. The Department is authorized to exempt
26 certain radiation sources from registration by rule when the
27 Department makes a determination that the exemption of such
28 sources will not constitute a significant risk to health and
29 safety of the public. Whenever there is a change in a
30 radiation installation that affects the registration
31 information provided to the Department, including
32 discontinuation of use or disposition of radiation sources,
33 the operator of such installation shall, within 30 days, give
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1 written notice to the Department detailing the change.
2 Beginning January 1, 2000, every radiation installation
3 operator using radiation machines shall register annually in
4 a manner and form prescribed by the Department and shall pay
5 the Department an annual registration fee for each radiation
6 machine. The Department shall by rule establish the annual
7 registration fee to register and inspect radiation
8 installations based on the type of facility and equipment
9 possessed by the registrant. The Department shall bill the
10 operator for the registration fee as soon as practical after
11 January 1. The registration fee shall be due and payable
12 within 60 days of the date of billing. If after 60 days the
13 registration fee is not paid, the Department may issue an
14 order directing the operator of the installation to cease use
15 of all radiation machines or take other appropriate
16 enforcement action as provided in Section 36 of this Act.
17 Fees collected under this Section are not refundable.
18 Registration of any radiation installation shall not
19 imply approval of manufacture, storage, use, handling,
20 operation, or disposal of radiation sources, but shall serve
21 merely as notice to the Department of Nuclear Safety of the
22 location and character of radiation sources in this State.
23 (420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25)
24 Sec. 25. Radiation inspection and testing; fees.
25 (a) The Department shall inspect and test radiation
26 installations and radiation sources, their immediate
27 surroundings and records concerning their operation to
28 determine whether or not any radiation resulting therefrom is
29 or may be detrimental to health. For the purposes of this
30 Section, "radiation installation" means any location or
31 facility where radiation machines are used. The inspection
32 and testing frequency of a radiation installation shall be
33 based on the installation's class designation in accordance
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1 with subsection (f).
2 Inspections of mammography installations shall also
3 include evaluation of the quality of mammography phantom
4 images produced by mammography equipment. The Department
5 shall promulgate rules establishing procedures and acceptance
6 standards for evaluating the quality of mammography phantom
7 images.
8 Beginning on the effective date of this amendatory Act of
9 1997 and until June 30, 2000, the fee for inspection and
10 testing shall be paid yearly at an annualized rate based on
11 the classifications and frequencies set forth in subsection
12 (f). The annualized fee for inspection and testing shall be
13 based on the rate of $55 per radiation machine for machines
14 located in dental offices and clinics and used solely for
15 dental diagnosis, located in veterinary offices and used
16 solely for diagnosis, or located in offices and clinics of
17 persons licensed under the Podiatric Medical Practice Act of
18 1987 and shall be based on the rate of $80 per radiation
19 machine for all other radiation machines. The Department may
20 adopt rules detailing the annualized rate structure. For the
21 year beginning January 1, 2000, the annual fee for inspection
22 and testing of Class D radiation installations shall be $25
23 per radiation machine. The Department is authorized to bill
24 the fees listed in this paragraph as part of the annual fee
25 specified in Section 24.7 of this Act.
26 Beginning July 1, 2000, the Department shall establish
27 the fees under Section 24.7 of this Act by rule, provided
28 that no increase of the fees shall take effect before January
29 1, 2001. inspection fees based on the type of facility and
30 equipment possessed by the registrant. The Department shall
31 bill the operator for the appropriate fee as soon as
32 practical after the machine has been inspected and tested.
33 Fees assessed under this subsection shall be due and
34 payable within 60 days of the date of billing. If after 60
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1 days the fee for inspection and testing is not paid, the
2 Department may order the operator of the installation to
3 cease use of the machines for which the fee is outstanding or
4 take other appropriate enforcement action as provided in
5 Section 36 of this Act. Any order issued by the Department
6 shall afford the operator a right to a hearing before the
7 Department; however, a written request for hearing must be
8 served on the Department within 10 days of notice of the
9 order. If the operator fails to file a timely request for
10 hearing with the Department, the operator shall be deemed to
11 have waived the right to a hearing.
12 (b) (Blank). In lieu of inspections by the Department,
13 an operator of a radiation installation may elect to utilize
14 the services of a nondepartment qualified inspector, as
15 defined in subsection (d), to inspect and test radiation
16 machines utilized therein. Inspection shall be personally
17 performed by the nondepartment qualified inspector and
18 inspection and testing results shall be documented on forms
19 provided by the Department. The nondepartment qualified
20 inspector shall certify on each radiation inspection report
21 submitted to the Department that the nondepartment qualified
22 inspector personally performed the inspection and that the
23 inspection was performed in accordance with the standards
24 established by the Department. Beginning on the effective
25 date of this amendatory Act of 1997 and until June 30, 2000,
26 the fee for inspection review as described in this subsection
27 shall be paid yearly at an annualized rate based on the
28 classifications and frequencies set forth in subsection (f).
29 The annualized inspection review fee shall be based on the
30 rate of $25 per radiation machine. The Department may adopt
31 rules detailing the annualized rate structure. On and after
32 July 1, 2000, the Department shall by rule establish the
33 inspection review fee. This inspection review fee shall not
34 apply to inspections of radiation machines used for
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1 mammography. Fees assessed under this subsection are due and
2 payable within 60 days of the date of billing. If after 60
3 days the inspection review fee is not paid, the Department
4 may order the operator of the installation to cease use of
5 the machines for which a fee is outstanding or take other
6 appropriate enforcement action as provided in Section 36 of
7 this Act.
8 The inspection and testing frequency of a radiation
9 installation shall be based on the installation's class
10 designation and associated radiation hazards as determined by
11 the Department. For purposes of this Section, "operator"
12 means an individual, group of individuals, partnership, firm,
13 corporation, or association conducting the business or
14 activities carried on within a radiation installation.
15 (c) (Blank). Every operator of a radiation installation
16 shall file an application for initial inspection and testing
17 in accordance with subsection (a) or (b) of this Section no
18 later than 30 days after the initial installation of a
19 radiation machine. Radiation machines shall be inspected and
20 tested in accordance with subsection (a) and (b) and
21 radiation inspection reports shall be filed with the
22 Department within 6 months of the date of initial
23 installation. Thereafter, applications for inspection and
24 testing as well as the filing of radiation inspection reports
25 shall be made periodically in accordance with a schedule
26 promulgated by the Department.
27 (d) (Blank). Each individual who conducts inspections as
28 a nondepartment qualified inspector pursuant to subsection
29 (b) above shall register with the Department as a
30 nondepartment qualified inspector. Application for
31 registration as a nondepartment qualified inspector shall be
32 made on a form prescribed by the Department and shall be
33 accompanied by the appropriate application fee. The
34 Department shall approve the application and register an
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1 individual as a nondepartment qualified inspector if the
2 individual satisfies the criteria established by the
3 Department. The Department shall establish such criteria by
4 regulation. The Department shall suspend or revoke the
5 registration of any nondepartment qualified inspector who
6 fails to pay the registration fee, who fails to conduct
7 inspections in accordance with the standards established by
8 the Department, or who intentionally submits to the
9 Department an inspection report that contains false or
10 misleading information.
11 (e) (Blank). The Department shall assess all
12 nondepartment qualified inspectors an annual registration
13 fee. The Department shall establish by rule the annual
14 registration fee which shall be payable by January 1 of each
15 year. The Department shall assess all individuals filing to
16 become a nondepartment inspector an application fee which
17 will serve as a registration fee for the remainder of the
18 calendar year. The Department shall by rule establish the
19 application fee. Registration and application fees are not
20 refundable.
21 (f) For purposes of this Section, radiation
22 installations shall be defined as any location or facility
23 where radiation machines are used and shall be divided into 4
24 3 classes:
25 Class A - Class A shall include all radiation
26 machines located in dental offices and veterinary offices
27 with radiation machines clinics and used solely for
28 dental diagnosis or located in veterinary offices and
29 used solely for diagnosis and all installations using
30 commercially manufactured cabinet
31 radiographic/fluoroscopic radiation machines. Operators
32 of Class A installations shall have their radiation
33 machines inspected and tested every 5 years by the
34 Department in accordance with Departmental regulations
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1 and radiation inspection reports shall be filed in
2 accordance with subsection (c). Fees shall be in
3 accordance with subsection (a) or (b) of this Section.
4 Class B - Class B shall include all radiation
5 machines, other than machines used for performing
6 mammography, located in offices or clinics of persons
7 licensed under the Medical Practice Act of 1987 or, or
8 under the Podiatric Medical Practice Act of 1987 with
9 radiation machines, and used solely for diagnosis and all
10 installations using spectroscopy radiation machines,
11 noncommercially manufactured cabinet
12 radiographic/fluoroscopic radiation machines, portable
13 radiographic/fluoroscopic units, non-cabinet
14 baggage/package fluoroscopic radiation machines and
15 electronic beam welders. Operators of Class B
16 installations shall have their radiation machines
17 inspected and tested every 2 years by the Department in
18 accordance with Departmental regulations and radiation
19 inspection reports shall be filed in accordance with
20 subsection (c). Fees shall be in accordance with
21 subsection (a) or (b) of this Section.
22 Class C - Class C shall include all radiation
23 machines which are not classified as Class A or Class B.
24 Class C shall include but not be limited to radiation
25 machines located in hospitals and educational
26 institutions, all radiation machines used for performing
27 mammography procedures, therapy, and all installations
28 using diffraction radiation machines, open radiography
29 radiation machines, closed radiographic/fluoroscopic
30 radiation machines and radiation machines used as gauges.
31 Test booths, bays, or rooms used by manufacturing,
32 assembly or repair facilities for testing radiation
33 machines shall be categorized as Class C radiation
34 installations. Operators of Class C installations shall
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1 have their radiation machines inspected and tested
2 annually by the Department in accordance with
3 Departmental regulations and radiation inspection reports
4 shall be filed in accordance with subsection (c). Fees
5 shall be in accordance with subsection (a) or (b) of this
6 Section.
7 Class D - Class D shall include all hospitals and
8 all other facilities using mammography, computed
9 tomography (CT), or therapeutic radiation machines. Each
10 operator of a Class D installation shall maintain a
11 comprehensive radiation protection program. The
12 individual or individuals responsible for implementing
13 this program shall register with the Department in
14 accordance with Section 25.1. As part of this program,
15 the registered individual or individuals shall conduct an
16 annual performance evaluation of all radiation machines
17 and oversee the equipment-related quality assurance
18 practices within the installation. The registered
19 individual or individuals shall determine and document
20 whether the installation's radiation machines are being
21 maintained and operated in accordance with standards
22 promulgated by the Department. Class D installation
23 shall be inspected annually by the Department.
24 (f-1) Radiation installations for which more than one
25 class is applicable shall be assigned the classification
26 requiring the most frequent inspection and testing.
27 (f-2) Radiation installations not classified as Class A,
28 B, C, or D shall be inspected according to frequencies
29 established by the Department based upon the associated
30 radiation hazards, as determined by the Department.
31 (g) The Department is authorized to maintain a facility
32 for the purpose of calibrating radiation detection and
33 measurement instruments in accordance with national
34 standards. The Department may make calibration services
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1 available to public or private entities within or outside of
2 Illinois and may assess a reasonable fee for such services.
3 (Source: P.A. 89-199, eff. 7-21-95; 90-391, eff. 8-15-97.)
4 (420 ILCS 40/25.1 new)
5 Sec. 25.1. Beginning January 1, 2000, each individual
6 responsible for implementing a comprehensive radiation
7 protection program for Class D installations, as described in
8 Section 25(f) of this Act, shall be required to register with
9 the Department. Application for registration shall be made
10 on a form prescribed by the Department and shall be
11 accompanied by the required application fee. The Department
12 shall approve the application and register an individual if
13 the individual satisfies criteria established by rule of the
14 Department. The Department shall assess registered
15 individuals an annual registration fee. The Department shall
16 establish by rule application and registration fees. The
17 application and registration fees shall not be refundable.
18 (420 ILCS 40/27) (from Ch. 111 1/2, par. 210-27)
19 Sec. 27. The Department is authorized shall have the
20 power to enter at all reasonable times upon any private or
21 public property for the purpose of determining whether or not
22 there is compliance with or violation of the provisions of
23 this Act and rules and regulations issued thereunder. The
24 Department may inspect and investigate premises, operations,
25 and personnel and have access to and copy records for the
26 purpose of evaluating past, current, and potential hazards to
27 the public health, workers, or the environment resulting from
28 radiation. Entry, except that entry into areas under the
29 jurisdiction of the Federal Government shall be effected only
30 with the concurrence of the Federal Government or its duly
31 designated representative.
32 (Source: P.A. 86-1341.)
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1 (420 ILCS 40/36) (from Ch. 111 1/2, par. 210-36)
2 Sec. 36. Order for violation abatement and public
3 hearing. Whenever the Department believes upon inspection and
4 examination of a radiation installation or a radiation source
5 as constructed, operated or maintained that there has been a
6 violation of any of the provisions of this Act or any rules
7 or regulations promulgated under this Act, the Department
8 may:
9 (1) order the discontinuance of such violation;
10 (2) suspend or revoke a license or registration
11 issued by the Department previously for the radiation
12 source or the radiation installation or its operator;
13 (3) impose a civil penalty, not to exceed $10,000
14 for such violation, provided each day the violation
15 continues shall constitute a separate offense;
16 (4) order the decontamination of any property or
17 structure which has been contaminated as a result of such
18 violation;
19 (5) restrict access to any property which has been
20 contaminated as a result of such violation; or
21 (6) impound, order the impounding of, or confiscate
22 radiation sources possessed by operators or other persons
23 engaging in such violation and order the owner of the
24 radiation sources to reimburse the Department for any
25 costs incurred by the Department in conjunction with the
26 transfer, storage, treatment or disposal of the radiation
27 sources.
28 The Department shall also have the authority to take any
29 of the actions specified in paragraphs (4), (5) or (6) of
30 this Section if a licensee seeks to terminate a license
31 issued by the Department pursuant to this Act or to otherwise
32 abandon a radiation installation.
33 Any such actions by the Department shall be based on
34 standards and procedures established by rules of the
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1 Department. Under such rules, the Department may provide
2 that all or a portion of the cost of such actions be assessed
3 to operators of radiation installations or other persons
4 responsible for the violation or contamination.
5 The civil penalties and costs assessed under this Section
6 shall be recoverable in an action brought in the name of the
7 people of the State of Illinois by the Attorney General.
8 In any order issued to an offending party under this
9 Section, the Department shall include a summary of its
10 findings which give evidence of the violation. Any party
11 affected by an order of the Department shall have the right
12 to a hearing before the Department; however, a written
13 request for such a hearing shall be served on the Department
14 within 10 days of notice of such order. In the absence of
15 receipt of a request for hearing the affected party shall be
16 deemed to have waived his right to a hearing.
17 No order of the Department issued under this Section,
18 except an order issued pursuant to Section 38 herein, shall
19 take effect until the Department shall find upon conclusion
20 of such hearing that a condition exists which constitutes a
21 violation of any provision of this Act or any code, rule or
22 regulation promulgated under this Act except in the event
23 that the right to public hearing is waived as provided herein
24 in which case the order shall take effect immediately.
25 (Source: P.A. 86-1341; 87-604; 87-1024.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.