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90_SB0462
420 ILCS 40/12 from Ch. 111 1/2, par. 210-12
Amends the Radiation Protection Act of 1990 to require an
applicant for a radioactive material license to provide
notice of the application to counties and municipalities
located within 5 miles of the applicant's facility. Provides
that the Department of Nuclear Safety shall afford those
counties and municipalities an opportunity to be heard
concerning the application before a license is issued.
Effective immediately.
LRB9002329DPcc
LRB9002329DPcc
1 AN ACT to amend the Radiation Protection Act of 1990 by
2 changing Section 12.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Radiation Protection Act of 1990 is
6 amended by changing Section 12 as follows:
7 (420 ILCS 40/12) (from Ch. 111 1/2, par. 210-12)
8 Sec. 12. State licensure of the use, manufacture or
9 distribution of radioactive materials or devices or equipment
10 utilizing or producing such materials not regulated by the
11 United States Nuclear Regulatory Commission.
12 (a) Except as otherwise provided in this Act, no person
13 shall utilize, manufacture, or distribute radioactive
14 materials or devices or equipment utilizing or producing such
15 materials in this State with the exception of those materials
16 or devices regulated by the Nuclear Regulatory Commission,
17 without first securing a license. After public hearing, the
18 Department shall adopt rules and regulations for:
19 (1) The issuance of licenses;
20 (2) The utilization, manufacture and distribution
21 of such radioactive materials or devices or equipment
22 utilizing or producing such materials; and
23 (3) The amendment, suspension or revocation of
24 licenses.
25 (b) As used in this subsection, "facility" means a
26 parcel of land or a site, including the structures,
27 equipment, and improvements on or appurtenant to the land or
28 site, that is used or to be used by the applicant for the
29 utilization, manufacture, or distribution of radioactive
30 materials or devices or equipment utilizing or producing
31 radioactive materials.
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1 An applicant for a radioactive material license under
2 this Section shall, within 10 days of making application to
3 the Department, provide notice of the application to the
4 county boards of all counties, and to the governing
5 authorities of all municipalities, located within 5 miles of
6 the applicant's facility. Each notice shall include a copy of
7 the application for licensure.
8 In addition, the Department shall not issue a radioactive
9 material license to an applicant under this Section until the
10 Department has afforded representatives of the counties and
11 municipalities located within 5 miles of the applicant's
12 facility an opportunity to be heard concerning the issuance
13 of a license to the applicant.
14 (c) The Department may, by rule and regulation, exempt
15 certain sources of radiation or kinds of radiation or users
16 from the licensure and fee requirements of this Section when
17 the Department makes a finding that such exemption will not
18 constitute a significant risk to the health and safety of the
19 public. Federal agencies are exempt from the licensure and
20 fee requirements of this Section. State, county, and
21 municipal governmental agencies and educational institutions
22 shall be subject to licensure, but are exempt from fee
23 requirements of this Section.
24 (d) Applications for licenses shall be made upon forms
25 prescribed and furnished by the Department and shall be
26 accompanied by the fees provided herein. Licenses shall
27 expire according to a schedule determined by the Department.
28 Applications for subsequent licenses shall be made 30 days
29 prior to expiration date.
30 (e) The application fee for the use of such radioactive
31 materials shall be at a rate of $50 per year for the number
32 of years for which the license will be issued. The total fee
33 shall be paid at the time the application is made. The
34 application fee for manufacturers or distributors of such
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1 radioactive materials or devices or equipment utilizing or
2 producing such materials shall be at a rate of $100 per year
3 for the number of years for which the license will be issued.
4 The total fee shall be paid at the time the application is
5 made. At such time Illinois enters into a Federal-State
6 Agreement, all application and license fees shall be
7 determined in accordance with Section 11 of this Act.
8 Each application fee shall be paid to the Department by
9 separate check or United States money order in amount of the
10 application fee only and any application fee or any part
11 thereof, once paid shall not be refunded, in the event an
12 application for a license is rejected. Should a licensee
13 terminate his license voluntarily prior to the expiration
14 date, a prorated refund will be issued by the State of
15 Illinois for those full years in which the license will not
16 be in effect.
17 (f) This Section shall not apply to any x-ray machine
18 including those located in an office of a licensed physician
19 or dentist.
20 (Source: P.A. 86-1341.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.