SB2593 94TH GENERAL ASSEMBLY

LRB094 14578 RSP 49521 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2593

Introduced 1/20/2006, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

420 ILCS 40/36	from Ch. 111 1/2, par. 210-36
420 ILCS 40/38	from Ch. 111 1/2, par. 210-38
420 ILCS 40/39	from Ch. 111 1/2, par. 210-39

Amends the Radiation Protection Act of 1990. Authorizes the Agency to refuse to issue, suspend, or revoke (now, may suspend or revoke) a license or registration upon a finding of violation of the Act or rules. Modifies certain enforcement provisions to provide that Agency action under those provisions does not preclude the Agency from pursuing other authorized enforcement actions. Effective immediately.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Radiation Protection Act of 1990 is amended by changing Sections 36, 38, and 39 as follows:

(420 ILCS 40/36) (from Ch. 111 1/2, par. 210-36)

(Section scheduled to be repealed on January 1, 2011)

Sec. 36. Order for violation abatement and public hearing.

Whenever the Agency believes upon examination of records or 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 Agency may:

(1) order the discontinuance of such violation;

(2) refuse to issue, suspend, or revoke a license or registration issued by the Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency;

(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 Agency for any costs incurred by the Department of Nuclear Safety or the Agency in conjunction with the transfer, storage, treatment or disposal of the radiation sources.

The Agency 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 of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, pursuant to this Act or to otherwise abandon a radiation installation.

Any such actions by the Agency shall be based on standards and procedures established by rules of the Agency. Under such rules, the Agency 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 Agency shall include a summary of its findings which give evidence of the violation. Any party affected by an order of the Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, shall have the right to a hearing before the Agency; however, a written request for such a hearing shall be served on the Agency 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 Agency issued under this Section, except an order issued pursuant to Section 38 herein, shall take effect until the Agency 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. 94-104, eff. 7-1-05.)

(420 ILCS 40/38) (from Ch. 111 1/2, par. 210-38)

(Section scheduled to be repealed on January 1, 2011)

Sec. 38. Authority of Agency in cases constituting an immediate threat to health.

(a) Notwithstanding any other provision of this Act, whenever the Agency finds that a condition exists that constitutes an immediate threat to health, the Agency is authorized to do all of the following:

(1) Enter onto public or private property and take possession of sources of radiation that pose an immediate threat to health.

(2) Enter an order for abatement of a violation of any provisions of this Act or any code, rule, regulation, or order promulgated under this Act that requires immediate action to protect the public health or welfare, which order shall recite the existence of the immediate threat and the findings of the Agency pertaining to the threat. The order shall direct a response that the Agency determines appropriate under the circumstances, including but not limited to all of the following:

(A) Discontinuance of the violation.

(B) Decontamination of any property or structure that has been contaminated as a result of the violation.

(C) Restriction of access to property that has been contaminated as a result of the violation.

(D) Impounding of radiation sources possessed by a person engaging in the violation.

Such order shall be effective immediately but shall include notice of the time and place of a public hearing before the Agency to be held within 30 days of the date of such order to assure the justification of such order. On the basis of such hearing the Agency shall continue such order in effect, revoke it or modify it. Any party affected by an order of the Agency shall have the right to waive the public hearing proceedings.

(3) Direct the Attorney General to obtain an injunction against any person responsible for causing or allowing the continuance of the immediate threat to health.

(b) In responding to an immediate threat to health, as defined in subsection (a), the Agency is authorized to request the assistance of other units of government, including agencies of the federal government, and to assume reasonable costs of other units of government as agreed by the Agency. The Agency is authorized to assess the costs of its response and the response of its predecessor agency, the Department of Nuclear Safety, against the person or persons responsible for the creation or continuation of the threat. The costs may include costs for personnel, equipment, transportation, special services, and treatment, storage, and disposal of sources of radiation, including costs incurred by the Agency or the Department and costs incurred by other units of government that assist the Agency or the Department. If the Agency is unable to determine who is responsible for the creation or continuation of the threat, the costs shall be assessed against the owner of the property and shall constitute a lien against the property until paid. Any person assessed costs under this subsection shall have the right to a hearing before the Agency provided a written request for a hearing is served on the Agency within 10 days of notice of the assessment. In the absence of receipt of a request for a hearing, the affected party shall be deemed to have waived the right to a hearing.

(c) Nothing in this Section shall preclude the Agency from taking appropriate enforcement action as specified in Section 36 against an individual or facility.

(Source: P.A. 94-104, eff. 7-1-05.)

(420 ILCS 40/39) (from Ch. 111 1/2, par. 210-39)

(Section scheduled to be repealed on January 1, 2011)

Sec. 39. Violations.

(a) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this Act, or who violates any determination or order of the Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, promulgated pursuant to this Act, is guilty of a Class A misdemeanor; provided each day during which a violation continues shall constitute a separate offense; and in addition thereto, such person may be enjoined from continuing such violation as hereinafter provided.

(b) (1) A person who knowingly makes a false material statement to a Department of Nuclear Safety or Agency employee during the course of official Department or Agency business or in an application for accreditation, certification, registration, or licensure under this Act is guilty of a Class A misdemeanor for a first offense and is guilty of a Class 4 felony for a second or subsequent offense.

(2) A person who knowingly alters a credential, certificate, registration, or license issued by the Department of Nuclear Safety or its successor agency, the Illinois Emergency Management Agency, for the purpose of evading a requirement of this Act is guilty of a Class A misdemeanor for a first offense and is guilty of a Class 4 felony for a second or subsequent offense.

(c) The criminal penalties provided herein shall be recoverable in an action brought in the name of the People of the State of Illinois by the Attorney General.

(d) No part of this Section precludes the Agency from taking enforcement action against an individual or facility for falsification of documents or making material false statements to the Agency. The Agency may take any action specified in Section 36 of this Act.

(Source: P.A. 94-104, eff. 7-1-05.)