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1 | AN ACT concerning nuclear safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.21 and by adding Section 4.31 as follows:
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6 | (5 ILCS 80/4.21)
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7 | Sec. 4.21. Acts repealed on January 1, 2011. The following
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8 | Acts are repealed
on January 1, 2011:
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9 | The Fire Equipment Distributor and Employee Regulation Act | ||||||
10 | of 2000.
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11 | The Radiation Protection Act of 1990.
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12 | (Source: P.A. 91-752, eff. 6-2-00; 91-835, eff. 6-16-00; 92-16, | ||||||
13 | eff.
6-28-01.)
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14 | (5 ILCS 80/4.31 new) | ||||||
15 | Sec. 4.31. Act repealed on January 1, 2021. The following | ||||||
16 | Act is repealed on January 1, 2021: | ||||||
17 | The Radiation Protection Act of 1990. | ||||||
18 | Section 10. The Radiation Protection Act of 1990 is amended | ||||||
19 | by changing Sections 4, 25 and 25.1 as follows: | ||||||
20 | (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4) |
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1 | (Section scheduled to be repealed on January 1, 2011)
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2 | Sec. 4. Definitions. As used in this Act:
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3 | (a) "Accreditation" means the process by which the Agency | ||||||
4 | grants permission to persons meeting the requirements of
this | ||||||
5 | Act and the Agency's rules and regulations to engage in the
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6 | practice of administering radiation to human beings.
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7 | (a-2) "Agency" means the Illinois Emergency Management | ||||||
8 | Agency.
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9 | (a-3) "Assistant Director" means the Assistant Director of | ||||||
10 | the Agency.
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11 | (a-5) "By-product material" means: (1) any radioactive | ||||||
12 | material
(except special nuclear material) yielded in or made | ||||||
13 | radioactive by exposure to
radiation incident to the process of | ||||||
14 | producing or utilizing special nuclear
material; and (2) the | ||||||
15 | tailings or wastes produced by the extraction or
concentration | ||||||
16 | of uranium or thorium from any ore processed primarily for
its | ||||||
17 | source material content, including discrete surface wastes | ||||||
18 | resulting
from underground solution extraction processes but | ||||||
19 | not including
underground ore bodies depleted by such solution | ||||||
20 | extraction processes ; (3) any discrete source of radium-226 | ||||||
21 | that is produced, extracted, or converted after extraction, | ||||||
22 | before, on, or after August 8, 2005, for use for a commercial, | ||||||
23 | medical, or research activity; (4) any material that has been | ||||||
24 | made radioactive by use of a particle accelerator and is | ||||||
25 | produced, extracted, or converted after extraction before, on, | ||||||
26 | or after August 8, 2005, for use for a commercial, medical, or |
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1 | research activity; and (5) any discrete source of naturally | ||||||
2 | occurring radioactive material, other than source material, | ||||||
3 | that is extracted or converted after extraction for use in | ||||||
4 | commercial, medical, or research activity before, on, or after | ||||||
5 | August 8, 2005, and which the U.S. Nuclear Regulatory | ||||||
6 | Commission, in consultation with the Administrator of the | ||||||
7 | Environmental Protection Agency, the Secretary of Energy, the | ||||||
8 | Secretary of Homeland Security, and the head of any other | ||||||
9 | appropriate Federal agency, determines would pose a threat to | ||||||
10 | the public health and safety or the common defense and security | ||||||
11 | similar to the threat posed by a discrete source or radium-226 .
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12 | (b) (Blank).
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13 | (c) (Blank).
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14 | (d) "General license" means a license, pursuant to | ||||||
15 | regulations
promulgated by the Agency, effective without the | ||||||
16 | filing of
an
application to transfer, acquire, own, possess or | ||||||
17 | use quantities of, or
devices or equipment utilizing, | ||||||
18 | radioactive material, including but not
limited to by-product, | ||||||
19 | source or special nuclear
materials.
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20 | (d-1) "Identical in substance" means the regulations | ||||||
21 | promulgated by the Agency would require the same actions with | ||||||
22 | respect to ionizing radiation, for the same group of affected | ||||||
23 | persons, as would federal laws, regulations, or orders if any | ||||||
24 | federal agency, including but not limited to the Nuclear | ||||||
25 | Regulatory Commission, Food and Drug Administration, or | ||||||
26 | Environmental Protection Agency, administered the subject |
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1 | program in Illinois.
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2 | (d-3) "Mammography" means radiography of the breast | ||||||
3 | primarily for the
purpose of enabling a physician to determine | ||||||
4 | the presence, size, location and
extent of cancerous or | ||||||
5 | potentially cancerous tissue in the breast.
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6 | (d-7) "Operator" is an individual, group of individuals, | ||||||
7 | partnership, firm,
corporation, association, or other entity | ||||||
8 | conducting the business or activities
carried on within a | ||||||
9 | radiation installation.
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10 | (e) "Person" means any individual, corporation, | ||||||
11 | partnership,
firm, association, trust, estate, public or | ||||||
12 | private institution, group,
agency, political subdivision of | ||||||
13 | this State, any other State or
political subdivision or agency | ||||||
14 | thereof, and any legal successor,
representative, agent, or | ||||||
15 | agency of the foregoing, other than the United
States Nuclear | ||||||
16 | Regulatory Commission, or any successor thereto, and other
than | ||||||
17 | federal government agencies licensed by the United States | ||||||
18 | Nuclear
Regulatory Commission, or any successor thereto. | ||||||
19 | "Person" also includes a
federal entity (and its contractors) | ||||||
20 | if the federal entity agrees to be
regulated by the State or as | ||||||
21 | otherwise allowed under federal law.
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22 | (f) "Radiation" or "ionizing radiation" means gamma rays | ||||||
23 | and x-rays,
alpha and beta particles, high speed electrons, | ||||||
24 | neutrons, protons, and
other nuclear particles or | ||||||
25 | electromagnetic radiations capable of producing
ions directly | ||||||
26 | or indirectly in their passage through matter; but does not
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1 | include sound or radio waves or visible, infrared, or | ||||||
2 | ultraviolet
light.
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3 | (f-5) "Radiation emergency" means the uncontrolled
release | ||||||
4 | of radioactive material from a radiation installation which | ||||||
5 | poses
a potential threat to the public health, welfare, and | ||||||
6 | safety.
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7 | (g) "Radiation installation" is any location or facility | ||||||
8 | where
radiation machines are used or where radioactive material | ||||||
9 | is produced,
transported, stored, disposed of, or used for any | ||||||
10 | purpose.
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11 | (h) "Radiation machine" is any device that produces | ||||||
12 | radiation when in
use.
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13 | (i) "Radioactive material" means any solid, liquid, or | ||||||
14 | gaseous
substance which emits radiation spontaneously.
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15 | (j) "Radiation source" or "source of ionizing radiation" | ||||||
16 | means a
radiation machine or radioactive material as defined | ||||||
17 | herein.
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18 | (k) "Source material" means (1) uranium, thorium, or any | ||||||
19 | other
material which the Agency declares by order to be source
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20 | material
after the United States Nuclear Regulatory | ||||||
21 | Commission, or any successor
thereto, has determined the | ||||||
22 | material to be such; or (2) ores containing
one or more of the | ||||||
23 | foregoing materials, in such concentration as the
Agency | ||||||
24 | declares by order to be source material after the
United
States | ||||||
25 | Nuclear Regulatory Commission, or any successor thereto, has
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26 | determined the material in such concentration to be source |
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1 | material.
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2 | (l) "Special nuclear material" means (1) plutonium, | ||||||
3 | uranium
233, uranium enriched in the isotope 233 or in the | ||||||
4 | isotope 235, and any
other material which the Agency declares | ||||||
5 | by order to be
special
nuclear material after the United States | ||||||
6 | Nuclear Regulatory Commission, or
any successor thereto, has | ||||||
7 | determined the material to be such, but does
not include source | ||||||
8 | material; or (2) any material artificially enriched
by any of | ||||||
9 | the foregoing, but does not include source material.
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10 | (m) "Specific license" means a license, issued after
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11 | application, to use, manufacture, produce, transfer, receive, | ||||||
12 | acquire,
own, or possess quantities of, or devices or equipment | ||||||
13 | utilizing
radioactive materials.
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14 | (Source: P.A. 94-104, eff. 7-1-05; 95-511, eff. 8-28-07; | ||||||
15 | 95-777, eff. 8-4-08.)
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16 | (420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25) | ||||||
17 | (Section scheduled to be repealed on January 1, 2011)
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18 | Sec. 25. Radiation inspection and testing ; fees .
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19 | (a) The Agency shall inspect and test radiation
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20 | installations and
radiation sources, their immediate | ||||||
21 | surroundings and records concerning their
operation to | ||||||
22 | determine whether or not any radiation resulting therefrom is | ||||||
23 | or
may be detrimental to health. For the purposes of this | ||||||
24 | Section, "radiation
installation" means any location or | ||||||
25 | facility where radiation machines are
used. Radiation |
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1 | installations shall be inspected according to frequencies | ||||||
2 | established by the Agency based upon the associated radiation | ||||||
3 | hazards, as determined by the Agency. The inspection and | ||||||
4 | testing frequency of a radiation installation shall
be based on | ||||||
5 | the installation's class designation in accordance with | ||||||
6 | subsection
(f).
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7 | (a-5) Inspections of mammography installations shall also | ||||||
8 | include evaluation
of the quality of mammography phantom images | ||||||
9 | produced by mammography
equipment. The Agency shall promulgate | ||||||
10 | rules establishing
procedures
and acceptance standards for | ||||||
11 | evaluating the quality of mammography phantom
images.
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12 | Beginning on the effective date of this amendatory Act of | ||||||
13 | 1997 and until
June 30, 2000, the fee for inspection and | ||||||
14 | testing shall be paid yearly at an
annualized rate based on the | ||||||
15 | classifications and frequencies set forth in
subsection (f). | ||||||
16 | The annualized fee for inspection and testing shall be based
on | ||||||
17 | the rate of $55 per radiation machine for machines located in | ||||||
18 | dental offices
and clinics and used solely for dental | ||||||
19 | diagnosis, located in veterinary
offices and used solely for | ||||||
20 | diagnosis, or located in offices and clinics of
persons | ||||||
21 | licensed under the Podiatric Medical Practice Act of 1987 and | ||||||
22 | shall
be based on the rate of $80 per radiation machine for all | ||||||
23 | other radiation
machines. The Department of Nuclear Safety may | ||||||
24 | adopt rules detailing the
annualized rate
structure. For the | ||||||
25 | year beginning January 1, 2000, the annual fee for
inspection | ||||||
26 | and testing of Class D radiation installations shall be $25 per
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1 | radiation machine. The Department is authorized to bill the
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2 | fees listed in
this paragraph as part of the annual fee | ||||||
3 | specified in Section 24.7 of this
Act.
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4 | Beginning July 1, 2000, the Department of Nuclear Safety or | ||||||
5 | its successor
agency, the Illinois Emergency Management | ||||||
6 | Agency, shall establish the fees
under
Section 24.7 of this Act | ||||||
7 | by rule, provided that no increase of the fees shall
take | ||||||
8 | effect before January 1, 2001.
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9 | (b) (Blank).
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10 | (c) (Blank).
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11 | (d) (Blank).
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12 | (e) (Blank).
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13 | (f) (Blank). (f) For purposes of this Section, radiation | ||||||
14 | installations
shall be divided into 4 classes:
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15 | Class A - Class A shall include dental offices and | ||||||
16 | veterinary offices
with radiation machines used solely for | ||||||
17 | diagnosis and all installations
using commercially | ||||||
18 | manufactured cabinet radiographic/fluoroscopic radiation
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19 | machines. Operators of Class A installations shall have | ||||||
20 | their radiation
machines inspected and tested every 5 years | ||||||
21 | by the Agency.
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22 | Class B - Class B shall include offices or clinics of | ||||||
23 | persons licensed
under the Medical Practice Act of 1987 or | ||||||
24 | the Podiatric Medical Practice
Act of 1987 with radiation | ||||||
25 | machines used solely for diagnosis and all
installations | ||||||
26 | using spectroscopy radiation machines, noncommercially
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1 | manufactured cabinet radiographic/fluoroscopic radiation | ||||||
2 | machines, portable
radiographic/fluoroscopic units, | ||||||
3 | non-cabinet baggage/package fluoroscopic
radiation | ||||||
4 | machines and electronic beam welders. Operators of Class B
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5 | installations shall have their radiation machines | ||||||
6 | inspected and tested every
2 years by the Agency.
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7 | Class C - Class C shall include installations using
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8 | diffraction radiation machines, open radiography radiation | ||||||
9 | machines, closed
radiographic/fluoroscopic radiation | ||||||
10 | machines and radiation machines used as
gauges. Test | ||||||
11 | booths, bays, or rooms used by manufacturing,
assembly or | ||||||
12 | repair facilities for testing radiation machines shall be
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13 | categorized as Class C radiation installations. Operators | ||||||
14 | of Class C
installations shall have their radiation | ||||||
15 | machines inspected and tested
annually by the Agency.
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16 | Class D - Class D shall include all hospitals and all | ||||||
17 | other facilities
using mammography, computed tomography | ||||||
18 | (CT), or therapeutic radiation machines.
Each operator of a | ||||||
19 | Class D installation shall maintain a comprehensive
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20 | radiation protection program. The individual or | ||||||
21 | individuals responsible for
implementing this program | ||||||
22 | shall register with the Department of Nuclear
Safety or its | ||||||
23 | successor agency, the Illinois Emergency Management | ||||||
24 | Agency, in
accordance
with Section 25.1. As part of this | ||||||
25 | program, the registered individual or
individuals shall | ||||||
26 | conduct an annual performance evaluation of all radiation
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1 | machines and oversee the equipment-related quality | ||||||
2 | assurance practices within
the installation. The | ||||||
3 | registered individual or individuals shall determine and
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4 | document whether the installation's radiation machines are | ||||||
5 | being maintained and
operated in accordance with standards | ||||||
6 | promulgated by the Agency. Class D
installation shall be | ||||||
7 | inspected annually by the Agency.
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8 | (f-1) (Blank). (f-1) Radiation installations for which | ||||||
9 | more than one class is applicable
shall be assigned the | ||||||
10 | classification requiring the most frequent inspection and
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11 | testing.
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12 | (f-2) (Blank). (f-2) Radiation installations not | ||||||
13 | classified as Class A, B, C, or D shall
be inspected according | ||||||
14 | to frequencies established by the Agency based upon
the | ||||||
15 | associated radiation hazards, as determined by the Agency.
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16 | (g) The Agency is authorized to maintain a facility for
the | ||||||
17 | purpose
of calibrating radiation detection and measurement | ||||||
18 | instruments in
accordance with national standards. The Agency | ||||||
19 | may make
calibration
services available to public or private | ||||||
20 | entities within or outside of
Illinois and may assess a | ||||||
21 | reasonable fee for such services.
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22 | (Source: P.A. 94-104, eff. 7-1-05.)
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23 | (420 ILCS 40/25.1)
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24 | (Section scheduled to be repealed on January 1, 2011)
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25 | Sec. 25.1. Each Beginning January 1, 2000, each individual |
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1 | responsible for
implementing a comprehensive radiation | ||||||
2 | protection program for all hospitals and other facilities using | ||||||
3 | mammography, computed tomography (CT), or therapeutic | ||||||
4 | radiation machines Class D
installations, as described in | ||||||
5 | Section 25(f) of this Act, shall be required to
register with | ||||||
6 | the Department of Nuclear Safety or its successor agency, the
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7 | Illinois Emergency Management Agency. Application for | ||||||
8 | registration shall be
made on a
form prescribed by the Agency | ||||||
9 | and shall be accompanied by
the required
application fee. The | ||||||
10 | Agency shall approve the application
and register an
individual | ||||||
11 | if the individual satisfies criteria established by rule of the
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12 | Agency. The Agency shall assess
registered individuals an | ||||||
13 | annual
registration fee. The Agency shall establish by rule
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14 | application and
registration fees. The application and | ||||||
15 | registration fees shall not be
refundable.
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16 | (Source: P.A. 94-104, eff. 7-1-05.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law. |