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91_HB2640eng HB2640 Engrossed 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 This Act is repealed on January 1, 8 2000. 9 Section 10.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 HB2640 Engrossed -2- LRB9104101ACtm 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. HB2640 Engrossed -3- LRB9104101ACtm 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. HB2640 Engrossed -4- LRB9104101ACtm 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 release6of radioactive material from a radiation installation which7poses a potential threat to the public health, welfare, and8safety.9(o) "Accreditation" means the process by which the10Department of Nuclear Safety grants permission to persons11meeting the requirements of this Act and the Department's12rules and regulations to engage in the practice of13administering radiation to human beings.14(p) "Mammography" means radiography of the breast15primarily for the purpose of enabling a physician to16determine the presence, size, location and extent of17cancerous 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 HB2640 Engrossed -5- LRB9104101ACtm 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. HB2640 Engrossed -6- LRB9104101ACtm 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.) HB2640 Engrossed -7- LRB9104101ACtm 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 HB2640 Engrossed -8- LRB9104101ACtm 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 HB2640 Engrossed -9- LRB9104101ACtm 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) HB2640 Engrossed -10- LRB9104101ACtm 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)HB2640 Engrossed -11- LRB9104101ACtm 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 HB2640 Engrossed -12- LRB9104101ACtm 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 HB2640 Engrossed -13- LRB9104101ACtm 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 and30equipment possessed by the registrant. The Department shall31bill the operator for the appropriate fee as soon as32practical after the machine has been inspected and tested.33Fees assessed under this subsection shall be due and34payable within 60 days of the date of billing. If after 60HB2640 Engrossed -14- LRB9104101ACtm 1days the fee for inspection and testing is not paid, the2Department may order the operator of the installation to3cease use of the machines for which the fee is outstanding or4take other appropriate enforcement action as provided in5Section 36 of this Act. Any order issued by the Department6shall afford the operator a right to a hearing before the7Department; however, a written request for hearing must be8served on the Department within 10 days of notice of the9order. If the operator fails to file a timely request for10hearing with the Department, the operator shall be deemed to11have waived the right to a hearing.12 (b) (Blank).In lieu of inspections by the Department,13an operator of a radiation installation may elect to utilize14the services of a nondepartment qualified inspector, as15defined in subsection (d), to inspect and test radiation16machines utilized therein. Inspection shall be personally17performed by the nondepartment qualified inspector and18inspection and testing results shall be documented on forms19provided by the Department. The nondepartment qualified20inspector shall certify on each radiation inspection report21submitted to the Department that the nondepartment qualified22inspector personally performed the inspection and that the23inspection was performed in accordance with the standards24established by the Department. Beginning on the effective25date of this amendatory Act of 1997 and until June 30, 2000,26the fee for inspection review as described in this subsection27shall be paid yearly at an annualized rate based on the28classifications and frequencies set forth in subsection (f).29The annualized inspection review fee shall be based on the30rate of $25 per radiation machine. The Department may adopt31rules detailing the annualized rate structure. On and after32July 1, 2000, the Department shall by rule establish the33inspection review fee. This inspection review fee shall not34apply to inspections of radiation machines used forHB2640 Engrossed -15- LRB9104101ACtm 1mammography. Fees assessed under this subsection are due and2payable within 60 days of the date of billing. If after 603days the inspection review fee is not paid, the Department4may order the operator of the installation to cease use of5the machines for which a fee is outstanding or take other6appropriate enforcement action as provided in Section 36 of7this Act.8The inspection and testing frequency of a radiation9installation shall be based on the installation's class10designation and associated radiation hazards as determined by11the Department. For purposes of this Section, "operator"12means an individual, group of individuals, partnership, firm,13corporation, or association conducting the business or14activities carried on within a radiation installation.15 (c) (Blank).Every operator of a radiation installation16shall file an application for initial inspection and testing17in accordance with subsection (a) or (b) of this Section no18later than 30 days after the initial installation of a19radiation machine. Radiation machines shall be inspected and20tested in accordance with subsection (a) and (b) and21radiation inspection reports shall be filed with the22Department within 6 months of the date of initial23installation. Thereafter, applications for inspection and24testing as well as the filing of radiation inspection reports25shall be made periodically in accordance with a schedule26promulgated by the Department.27 (d) (Blank).Each individual who conducts inspections as28a nondepartment qualified inspector pursuant to subsection29(b) above shall register with the Department as a30nondepartment qualified inspector. Application for31registration as a nondepartment qualified inspector shall be32made on a form prescribed by the Department and shall be33accompanied by the appropriate application fee. The34Department shall approve the application and register anHB2640 Engrossed -16- LRB9104101ACtm 1individual as a nondepartment qualified inspector if the2individual satisfies the criteria established by the3Department. The Department shall establish such criteria by4regulation. The Department shall suspend or revoke the5registration of any nondepartment qualified inspector who6fails to pay the registration fee, who fails to conduct7inspections in accordance with the standards established by8the Department, or who intentionally submits to the9Department an inspection report that contains false or10misleading information.11 (e) (Blank).The Department shall assess all12nondepartment qualified inspectors an annual registration13fee. The Department shall establish by rule the annual14registration fee which shall be payable by January 1 of each15year. The Department shall assess all individuals filing to16become a nondepartment inspector an application fee which17will serve as a registration fee for the remainder of the18calendar year. The Department shall by rule establish the19application fee. Registration and application fees are not20refundable.21 (f) For purposes of this Section, radiation 22 installationsshall be defined as any location or facility23where radiation machines are used andshall be divided into 4 243classes: 25 Class A - Class A shall includeall radiation26machines located indental offices and veterinary offices 27 with radiation machinesclinics and used solely for28dental diagnosis or located in veterinary offices and29 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 Departmentin accordance with Departmental regulationsHB2640 Engrossed -17- LRB9104101ACtm 1and radiation inspection reports shall be filed in2accordance with subsection (c). Fees shall be in3accordance with subsection (a) or (b) of this Section. 4 Class B - Class B shall includeall radiation5machines, other than machines used for performing6mammography, located inoffices or clinics of persons 7 licensed under the Medical Practice Act of 1987 or, or8underthe Podiatric Medical Practice Act of 1987 with 9 radiation machines, andused 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 Departmentin18accordance with Departmental regulations and radiation19inspection reports shall be filed in accordance with20subsection (c). Fees shall be in accordance with21subsection (a) or (b) of this Section. 22 Class C - Class C shall includeall radiation23machines which are not classified as Class A or Class B.24Class C shall include but not be limited to radiation25machines located in hospitals and educational26institutions, all radiation machines used for performing27mammography procedures, therapy, and allinstallations 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 HB2640 Engrossed -18- LRB9104101ACtm 1 have their radiation machines inspected and tested 2 annually by the Departmentin accordance with3Departmental regulations and radiation inspection reports4shall be filed in accordance with subsection (c). Fees5shall be in accordance with subsection (a) or (b) of this6Section. 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 HB2640 Engrossed -19- LRB9104101ACtm 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 authorizedshall have the20powerto 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 entryinto 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.) HB2640 Engrossed -20- LRB9104101ACtm 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 Departmentpreviously for the radiation12source 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 HB2640 Engrossed -21- LRB9104101ACtm 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.