Full Text of SB1483 94th General Assembly
SB1483 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1483
Introduced 2/23/2005, by Sen. Jeffrey M. Schoenberg SYNOPSIS AS INTRODUCED: |
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Amends the Radiation Protection Act of 1990. Changes references in the Act from the "Department of Nuclear Safety" to the "Illinois Emergency Management Agency". Provides for the Illinois Emergency Management Agency to issue a violation abatement order if an examination of records causes the Agency to believe there has been a violation of the Act or any rules or regulations promulgated under the Act. Effective immediately.
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A BILL FOR
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SB1483 |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Radiation Protection Act of 1990 is amended | 5 |
| by changing
Sections 4, 5, 6, 7, 7a, 9, 10, 11, 11.5, 12, 13, | 6 |
| 14, 15, 16, 17, 18, 19, 20,
21, 22, 23, 24, 24.5, 24.7, 25,
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| 25.1, 25.2, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, | 8 |
| 39, 40, 43, 44,
45, and 49 as follows:
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| (420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4)
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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 4. Definitions. As used in this Act:
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| (a) "Accreditation" means the process by which the Agency
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| Department
of Nuclear Safety grants permission to persons | 14 |
| meeting the requirements of
this Act and the Department's rules | 15 |
| and regulations to engage in the
practice of administering | 16 |
| radiation to human beings.
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| (a-2) "Agency" means the Illinois Emergency Management | 18 |
| Agency.
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| (a-3) "Assistant Director" means the Assistant Director of | 20 |
| the Agency.
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| (a-5) "By-product material" means: (1) any radioactive | 22 |
| material
(except special nuclear material) yielded in or made | 23 |
| radioactive by exposure to
radiation incident to the process of | 24 |
| producing or utilizing special nuclear
material; and (2) the | 25 |
| tailings or wastes produced by the extraction or
concentration | 26 |
| of uranium or thorium from any ore processed primarily for
its | 27 |
| source material content, including discrete surface wastes | 28 |
| resulting
from underground solution extraction processes but | 29 |
| not including
underground ore bodies depleted by such solution | 30 |
| extraction processes.
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| (b) (Blank).
"Department" means the Department of Nuclear | 32 |
| Safety in
the State of
Illinois.
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| (c) (Blank).
"Director" means the Director of the | 2 |
| Department of
Nuclear Safety.
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| (d) "General license" means a license, pursuant to | 4 |
| regulations
promulgated by the Agency
Department , effective | 5 |
| without the filing of
an
application to transfer, acquire, own, | 6 |
| possess or use quantities of, or
devices or equipment | 7 |
| utilizing, radioactive material, including but not
limited to | 8 |
| by-product, source or special nuclear
materials.
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| (d-3) "Mammography" means radiography of the breast | 10 |
| primarily for the
purpose of enabling a physician to determine | 11 |
| the presence, size, location and
extent of cancerous or | 12 |
| potentially cancerous tissue in the breast.
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| (d-7) "Operator" is an individual, group of individuals, | 14 |
| partnership, firm,
corporation, association, or other entity | 15 |
| conducting the business or activities
carried on within a | 16 |
| radiation installation.
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| (e) "Person" means any individual, corporation, | 18 |
| partnership,
firm, association, trust, estate, public or | 19 |
| private institution, group,
agency, political subdivision of | 20 |
| this State, any other State or
political subdivision or agency | 21 |
| thereof, and any legal successor,
representative, agent, or | 22 |
| agency of the foregoing, other than the United
States Nuclear | 23 |
| Regulatory Commission, or any successor thereto, and other
than | 24 |
| federal government agencies licensed by the United States | 25 |
| Nuclear
Regulatory Commission, or any successor thereto. | 26 |
| "Person" also includes a
federal entity (and its contractors) | 27 |
| if the federal entity agrees to be
regulated by the State or as | 28 |
| otherwise allowed under federal law.
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| (f) "Radiation" or "ionizing radiation" means gamma rays | 30 |
| and x-rays,
alpha and beta particles, high speed electrons, | 31 |
| neutrons, protons, and
other nuclear particles or | 32 |
| electromagnetic radiations capable of producing
ions directly | 33 |
| or indirectly in their passage through matter; but does not
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| include sound or radio waves or visible, infrared, or | 35 |
| ultraviolet
light.
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| (f-5) "Radiation emergency" means the uncontrolled
release |
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| of radioactive material from a radiation installation which | 2 |
| poses
a potential threat to the public health, welfare, and | 3 |
| safety.
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| (g) "Radiation installation" is any location or facility | 5 |
| where
radiation machines are used or where radioactive material | 6 |
| is produced,
transported, stored, disposed of, or used for any | 7 |
| purpose.
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| (h) "Radiation machine" is any device that produces | 9 |
| radiation when in
use.
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| (i) "Radioactive material" means any solid, liquid, or | 11 |
| gaseous
substance which emits radiation spontaneously.
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| (j) "Radiation source" or "source of ionizing radiation" | 13 |
| means a
radiation machine or radioactive material as defined | 14 |
| herein.
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| (k) "Source material" means (1) uranium, thorium, or any | 16 |
| other
material which the Agency
Department declares by order to | 17 |
| be source
material
after the United States Nuclear Regulatory | 18 |
| Commission, or any successor
thereto, has determined the | 19 |
| material to be such; or (2) ores containing
one or more of the | 20 |
| foregoing materials, in such concentration as the
Agency
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| Department declares by order to be source material after the
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| United
States Nuclear Regulatory Commission, or any successor | 23 |
| thereto, has
determined the material in such concentration to | 24 |
| be source material.
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| (l) "Special nuclear material" means (1) plutonium, | 26 |
| uranium
233, uranium enriched in the isotope 233 or in the | 27 |
| isotope 235, and any
other material which the Agency
Department | 28 |
| declares by order to be
special
nuclear material after the | 29 |
| United States Nuclear Regulatory Commission, or
any successor | 30 |
| thereto, has determined the material to be such, but does
not | 31 |
| include source material; or (2) any material artificially | 32 |
| enriched
by any of the foregoing, but does not include source | 33 |
| material.
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| (m) "Specific license" means a license, issued after
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| application, to use, manufacture, produce, transfer, receive, | 36 |
| acquire,
own, or possess quantities of, or devices or equipment |
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| utilizing
radioactive materials.
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| (Source: P.A. 91-188, eff. 7-20-99; 91-340, eff. 7-29-99; | 3 |
| 92-16, eff.
6-28-01.)
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| (420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)
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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 5. Limitations on application of radiation to human | 7 |
| beings and
requirements for radiation installation operators | 8 |
| providing mammography
services.
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| (a) No person shall intentionally administer radiation to a | 10 |
| human being
unless such person is licensed to practice a | 11 |
| treatment of human ailments by
virtue of the Illinois Medical, | 12 |
| Dental or Podiatric Medical Practice Acts,
or, as physician | 13 |
| assistant, advanced practice nurse, technician, nurse,
or | 14 |
| other assistant, is
acting under the
supervision, prescription | 15 |
| or direction of such licensed person. However,
no such | 16 |
| physician assistant, advanced practice nurse, technician,
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| nurse, or other assistant
acting under the supervision
of a | 18 |
| person licensed under the Medical Practice Act of 1987, shall
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| administer radiation to human beings unless accredited by the | 20 |
| Agency
Department
of Nuclear Safety , except that persons | 21 |
| enrolled in a course of education
approved by the Agency
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| Department of Nuclear Safety may apply ionizing radiation
to | 23 |
| human beings as required by their course of study when under | 24 |
| the direct
supervision of a person licensed under the Medical | 25 |
| Practice Act of 1987.
No person authorized by this Section to | 26 |
| apply ionizing radiation shall apply
such radiation except to | 27 |
| those parts of the human body specified in the Act
under which | 28 |
| such person or his supervisor is licensed.
No person may | 29 |
| operate a radiation installation where ionizing radiation is
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| administered to human beings unless all persons who administer | 31 |
| ionizing
radiation in that radiation installation are | 32 |
| licensed, accredited, or
exempted in accordance with this | 33 |
| Section. Nothing in this Section shall be
deemed to relieve a | 34 |
| person from complying with the provisions of Section 10.
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| (b) In addition, no person shall provide mammography |
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| services unless
all of the following requirements are met:
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| (1) the mammography procedures are performed using a | 3 |
| radiation machine
that is specifically designed for | 4 |
| mammography;
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| (2) the mammography procedures are performed using a | 6 |
| radiation machine
that is used solely for performing | 7 |
| mammography procedures;
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| (3) the mammography procedures are performed using | 9 |
| equipment that has
been subjected to a quality assurance | 10 |
| program that satisfies quality
assurance requirements | 11 |
| which the Agency
Department shall establish by rule;
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| (4) beginning one year after the effective date of this | 13 |
| amendatory Act
of 1991, if the mammography procedure is | 14 |
| performed by a radiologic
technologist, that technologist, | 15 |
| in addition to being accredited by the
Agency
Department to | 16 |
| perform radiography, has satisfied training requirements
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| specific to mammography, which the Agency
Department shall | 18 |
| establish by rule.
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| (c) Every operator of a radiation installation at which | 20 |
| mammography
services are provided shall ensure and have | 21 |
| confirmed by each mammography
patient that the patient is | 22 |
| provided with a pamphlet which is orally reviewed
with the | 23 |
| patient and which contains the following:
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| (1) how to perform breast self-examination;
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| (2) that early detection of breast cancer is maximized | 26 |
| through a combined
approach, using monthly breast | 27 |
| self-examination, a thorough physical
examination | 28 |
| performed by a physician, and mammography performed at | 29 |
| recommended
intervals;
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| (3) that mammography is the most accurate method for | 31 |
| making an early
detection of breast cancer, however, no | 32 |
| diagnostic tool is 100% effective;
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| (4) that if the patient is self-referred and does not | 34 |
| have a primary care
physician, or if the patient is | 35 |
| unfamiliar with the breast examination
procedures, that | 36 |
| the patient has received information regarding public |
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| health
services where she can obtain a breast examination | 2 |
| and instructions.
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| (Source: P.A. 93-149, eff. 7-10-03.)
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| (420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)
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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 6. Accreditation of administrators of radiation; | 7 |
| Limited scope
accreditation; Rules and regulations; Education.
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| (a) The Agency
Department shall promulgate such rules and | 9 |
| regulations as are
necessary to establish accreditation | 10 |
| standards and procedures, including a
minimum course of | 11 |
| education and continuing education requirements in the
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| administration of radiation to human beings, which are | 13 |
| appropriate to the
classification of accreditation and which | 14 |
| are to be met by all physician
assistants, advanced practice | 15 |
| nurses, nurses,
technicians, or other assistants who | 16 |
| administer radiation to human beings
under the supervision of a | 17 |
| person licensed under the Medical Practice Act
of 1987. Such | 18 |
| rules and regulations may provide for different classes of
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| accreditation based on evidence of national certification, | 20 |
| clinical
experience or community hardship as conditions of | 21 |
| initial and continuing
accreditation. The rules and | 22 |
| regulations of the Agency
Department shall be
consistent with | 23 |
| national standards in regard to the protection of the
health | 24 |
| and safety of the general public.
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| (b) The rules and regulations shall also provide that
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| persons who have been accredited by the Agency
Department , in | 27 |
| accordance with the
Radiation Protection Act, without passing | 28 |
| an examination, will remain
accredited as provided in Section | 29 |
| 43 of this Act and that those persons may
be accredited, | 30 |
| without passing an examination, to use other equipment,
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| procedures, or supervision within the original category of | 32 |
| accreditation if
the Agency
Department receives written | 33 |
| assurances from a person licensed under the
Medical Practice | 34 |
| Act of 1987, that the person accredited has
the necessary
skill | 35 |
| and qualifications for such additional equipment procedures or
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| supervision. The Agency
Department shall, in accordance with | 2 |
| subsection (c) of
this Section, provide for the accreditation | 3 |
| of nurses, technicians, or
other assistants, unless exempted | 4 |
| elsewhere in this Act, to perform a
limited scope of diagnostic | 5 |
| radiography procedures of the chest, the
extremities, skull and | 6 |
| sinuses, or the spine, while under the
supervision of a person | 7 |
| licensed under the Medical Practice Act of 1987.
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| (c) The rules or regulations promulgated by the Agency
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| Department pursuant to
subsection (a) shall establish | 10 |
| standards and procedures for accrediting
persons to perform a | 11 |
| limited scope of diagnostic radiography procedures.
The rules | 12 |
| or regulations shall require persons seeking limited scope
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| accreditation to register with the Agency
Department as a | 14 |
| "student-in-training,"
and declare those procedures in which | 15 |
| the student will be receiving
training. The | 16 |
| student-in-training registration shall be valid for a period
of | 17 |
| 16 months, during which the time the student may, under the | 18 |
| supervision
of a person licensed under the Medical Practice Act | 19 |
| of 1987, perform the
diagnostic radiography procedures listed | 20 |
| on the student's registration.
The student-in-training | 21 |
| registration shall be nonrenewable.
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| Upon expiration of the 16 month training period, the | 23 |
| student shall be
prohibited from performing diagnostic | 24 |
| radiography procedures unless
accredited by the Agency
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| Department to perform such procedures. In order to be
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| accredited to perform a limited scope of diagnostic radiography | 27 |
| procedures,
an individual must pass an examination offered by | 28 |
| the Agency
Department . The
examination shall be consistent with | 29 |
| national standards in regard to
protection of public health and | 30 |
| safety. The examination shall consist of a
standardized | 31 |
| component covering general principles applicable to diagnostic
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| radiography procedures and a clinical component specific to the | 33 |
| types of
procedures for which accreditation is being sought. | 34 |
| The Agency
Department may
assess a reasonable fee for such | 35 |
| examinations to cover the costs incurred
by the Department in | 36 |
| conjunction with offering the examinations.
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| (d) The Agency
Department shall by rule or regulation | 2 |
| exempt from accreditation
physician assistants, advanced | 3 |
| practice nurses, nurses, technicians, or
other assistants who
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| administer radiation to human
beings under supervision of a | 5 |
| person licensed to practice under the Medical
Practice Act of | 6 |
| 1987 when the services are performed on employees of a
business | 7 |
| at a medical facility owned and operated by the business. Such
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| exemption shall only apply to the equipment, procedures and | 9 |
| supervision
specific to the medical facility owned and operated | 10 |
| by the business.
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| (Source: P.A. 93-149, eff. 7-10-03.)
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| (420 ILCS 40/7) (from Ch. 111 1/2, par. 210-7)
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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 7. Administrators of radiation; application for | 15 |
| accreditation
and renewal; fees; Fund.
Applications for | 16 |
| accreditation and renewal shall be made upon forms
prescribed | 17 |
| and furnished by the Agency
Department and shall be
accompanied | 18 |
| by the required fees. Each such
application
for accreditation | 19 |
| or renewal shall be accompanied by such proof of
compliance | 20 |
| with the applicable requirements as the Agency
Department
may | 21 |
| by rule
require. Accreditation shall be renewed every 2 years, | 22 |
| or for a lesser
period as established by rule for accreditation | 23 |
| based upon conditions of
community hardship. The Agency
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| Department may deny an application for
accreditation or | 25 |
| renewal, or may suspend or revoke accreditation under
standards | 26 |
| and procedures established by the Agency
Department .
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| Except as provided in Section 6,
the Agency
Department | 28 |
| shall not impose an examination fee.
The Agency
Department | 29 |
| shall by rule establish application fees for
accreditation or
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| renewal.
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| (Source: P.A. 90-391, eff. 8-15-97.)
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| (420 ILCS 40/7a) (from Ch. 111 1/2, par. 210-7a)
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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 7a. Certification of Industrial Radiographers.
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| (a) Beginning January 1, 1993, no person may perform | 2 |
| industrial
radiography unless he or she is certified by the | 3 |
| Department of Nuclear Safety
or its successor, the Illinois | 4 |
| Emergency Management Agency, to perform
industrial | 5 |
| radiography. The Agency
Department shall promulgate
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| regulations
establishing standards and procedures for | 7 |
| certification of industrial
radiographers. The regulations may | 8 |
| include, without limitation, provisions
specifying a minimum | 9 |
| course of study and requiring that individuals seeking
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| certification pass an examination administered or approved by | 11 |
| the
Agency
Department . Industrial radiography certification | 12 |
| shall be valid
for 5
years, except that certifications for | 13 |
| industrial radiography trainees
shall be valid for 2 years. The | 14 |
| Agency
Department shall establish by
regulation
standards and | 15 |
| procedures for renewal of certification. The regulations shall
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| provide that certification for industrial radiography trainees | 17 |
| shall be
nonrenewable.
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| (b) The Department's regulations of the Department of | 19 |
| Nuclear Safety,
as the predecessor agency of the Illinois | 20 |
| Emergency Management Agency,
shall also provide for | 21 |
| provisional
certification of persons who performed industrial | 22 |
| radiography before
January 1, 1993. In order to obtain | 23 |
| provisional certification, the industrial
radiographer must | 24 |
| apply to the Department no later than January 1, 1993.
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| Provisional certification shall be valid for 2 years, provided | 26 |
| that a
person who has obtained a provisional certification must | 27 |
| take an
examination that is administered or approved by the | 28 |
| Department within 12
months of the date on which the | 29 |
| provisional certification was issued. Upon
passing the | 30 |
| examination, the Department shall certify the individual as an
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| industrial radiographer. Provisional certification shall be | 32 |
| nonrenewable.
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| (c) The Agency
Department may, by regulation, assess | 34 |
| certification
fees and
fees to recover the cost of examining | 35 |
| applicants for certification.
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| (d) The Agency
Department may suspend or revoke the |
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| certification of
an
industrial radiographer, or take other | 2 |
| action as provided in Sections 36
and 38 of this Act, if a | 3 |
| certified industrial radiographer violates this
Act or any rule | 4 |
| or regulation promulgated under this Act, or otherwise
| 5 |
| endangers the safety of himself, his co-workers, or members of | 6 |
| the general
public. It shall be a violation of this Act for any | 7 |
| person to allow an
individual who is not a certified industrial | 8 |
| radiographer to perform
industrial radiography.
| 9 |
| (Source: P.A. 87-604; 87-1166.)
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| (420 ILCS 40/9) (from Ch. 111 1/2, par. 210-9)
| 11 |
| (Section scheduled to be repealed on January 1, 2011)
| 12 |
| Sec. 9. Rules and regulations. No person shall use | 13 |
| radiation in
contravention of such rules and regulations as the | 14 |
| Agency
Department
may make
relating to the control of ionizing | 15 |
| radiation. The Agency
Department
shall
promulgate rules to | 16 |
| provide specific standards for (1) determining what
financial | 17 |
| surety arrangements are required for license approval; (2)
| 18 |
| determining when an application for license is for an activity | 19 |
| which
adversely affects the environment, how it will approve | 20 |
| such license, and
what conditions it will impose before | 21 |
| approval; (3) determining to what
maximum level a licensee must | 22 |
| remove radiation contamination; (4)
determining when a product | 23 |
| contains a high degree of utility and a low
probability of | 24 |
| uncontrolled disposal and dispersal; (5) providing what
| 25 |
| constitutes an emergency for the purposes of waiving notice | 26 |
| requirements
for out-of-state licensees; and (6) authorizing | 27 |
| the injection of
radioactive material into potable aquifers.
| 28 |
| (Source: P.A. 86-1341.)
| 29 |
| (420 ILCS 40/10) (from Ch. 111 1/2, par. 210-10)
| 30 |
| (Section scheduled to be repealed on January 1, 2011)
| 31 |
| Sec. 10. Licensing of certain sources of ionizing | 32 |
| radiation.
| 33 |
| (1) The Agency
Department shall provide by rule or | 34 |
| regulation for
general or
specific licensing of by-product |
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| materials, source materials, special
nuclear materials, or | 2 |
| devices or equipment utilizing or producing such
materials. | 3 |
| Such rule or regulation shall provide for amendment, | 4 |
| suspension,
or revocation of licenses.
| 5 |
| (2) The Agency
Department is authorized to require | 6 |
| registration of
other
sources of ionizing radiation.
| 7 |
| (3) The Agency
Department is authorized to exempt certain | 8 |
| sources of
ionizing
radiation or kinds of uses or users from | 9 |
| the licensing requirements set
forth in this section when the | 10 |
| Agency
Department makes a finding that
the
exemption of such | 11 |
| sources of ionizing radiation or kinds of uses or users
will | 12 |
| not constitute a significant risk to health and safety of the | 13 |
| public.
| 14 |
| (4) The Agency
Department is authorized to enforce rules | 15 |
| pertaining
to
labeling, handling, packaging, transferring and | 16 |
| transporting radiation sources.
| 17 |
| (5) The Agency
Department is authorized to require | 18 |
| licensees,
including those
conducting activities involving | 19 |
| by-product material as defined in
subsection (a-5)(2) of | 20 |
| Section 4 or possessing such material, to
provide
adequate | 21 |
| financial assurances such as surety bonds, cash deposits,
| 22 |
| certificates of deposit, or deposits of government securities | 23 |
| to protect
the State against costs in the event of site | 24 |
| abandonment or failure of a
licensee to meet the Agency's
| 25 |
| Department's requirements, as well as the
costs of
site | 26 |
| reclamation and long-term site monitoring and maintenance. In | 27 |
| the
event that custody of by-product material as defined in | 28 |
| subsection (a-5)(2) of
Section 4, and the site at which such | 29 |
| material is disposed of, is
transferred to the Federal | 30 |
| Government, any financial assurances collected
for reclamation | 31 |
| and long-term monitoring and maintenance for that site
shall be | 32 |
| transferred to the Federal Government.
| 33 |
| (6) The Agency
Department is authorized to promulgate rules
| 34 |
| establishing
radiation exposure limits for given population | 35 |
| groups, including
differential exposure limits based on age.
| 36 |
| (7) The Agency
Department is authorized to promulgate rules |
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| to
provide specific
standards for what training or equivalent | 2 |
| experience it will require of a
physician before approving a | 3 |
| specific license for human use of sealed
radiation sources.
| 4 |
| (8) Rules and regulations promulgated to implement this Act | 5 |
| may provide for
recognition of other State or Federal licenses | 6 |
| as the Agency
Department
may deem
desirable, subject to such | 7 |
| registration requirements as the Agency
Department may
| 8 |
| prescribe.
| 9 |
| (9) This Section shall not be applicable to radiation | 10 |
| sources or
materials regulated by the U.S. Nuclear Regulatory | 11 |
| Commission
until an agreement or agreements have been entered | 12 |
| into pursuant to Section
11 of this Act.
| 13 |
| (10) In the licensing and the regulation of by-product | 14 |
| material as
defined in subsection (a-5)(2) of Section 4, or of | 15 |
| any activity
which results in
the production of such by-product | 16 |
| material, the Agency
Department shall
provide by
rule or | 17 |
| regulation, and shall require compliance with, standards for | 18 |
| the
protection of the public health and safety and the | 19 |
| environment which are
equivalent to, to the extent practicable, | 20 |
| or more stringent than, standards
adopted and enforced by the | 21 |
| U.S. Nuclear Regulatory Commission for the same
purpose, | 22 |
| including requirements and standards promulgated by the U.S.
| 23 |
| Environmental Protection Agency.
| 24 |
| (11) Not later than 30 days after submission to the Agency
| 25 |
| Department of an
application for a new license for a fixed | 26 |
| location facility or a license
amendment for a new location for | 27 |
| a facility, the Agency
Department
shall provide
written notice | 28 |
| of the application to the municipality where the facility is
to | 29 |
| be located. If the facility is to be located in an | 30 |
| unincorporated area, the
notice
shall be provided to the county | 31 |
| in which the facility is to be located and to
each
municipality | 32 |
| located within one and
one-half
miles of the facility. As used | 33 |
| in this subsection, "fixed location facility"
or "facility" | 34 |
| means a parcel of land or a site, including the structures,
| 35 |
| equipment, and improvements on or appurtenant to the land or | 36 |
| site, that is to
be used by the applicant for the utilization, |
|
|
|
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|
| 1 |
| manufacture, storage, or
distribution of licensed radioactive | 2 |
| materials or devices or equipment
utilizing or producing | 3 |
| licensed radioactive materials, but shall not include a
| 4 |
| temporary job site.
| 5 |
| (Source: P.A. 90-359, eff. 8-10-97; 91-340, eff. 7-29-99.)
| 6 |
| (420 ILCS 40/11) (from Ch. 111 1/2, par. 210-11)
| 7 |
| (Section scheduled to be repealed on January 1, 2011)
| 8 |
| Sec. 11. Federal-State Agreements.
| 9 |
| (1) The Governor, on behalf of this
State, is authorized to | 10 |
| enter into agreements with the Federal Government
providing for | 11 |
| discontinuance of certain of the Federal Government's
| 12 |
| responsibilities with respect to sources of ionizing radiation | 13 |
| and the
assumption thereof by this State, including, but not | 14 |
| limited to, agreements
concerning by-product material as | 15 |
| defined in Section 11(e)(2) of the Atomic
Energy Act of 1954, | 16 |
| 42 U.S.C. 2014(e)(2).
| 17 |
| (2) Any person who, on the effective date of an agreement | 18 |
| under
subsection (1) above, possesses a license issued by the | 19 |
| Federal Government
governing activities for which the Federal | 20 |
| Government, pursuant to such
agreement, is transferring its | 21 |
| responsibilities to this State shall be
deemed to possess the | 22 |
| same pursuant to a license issued under this Act,
which shall | 23 |
| expire 90 days after receipt from the Department of Nuclear
| 24 |
| Safety (or its successor agency, the Illinois Emergency | 25 |
| Management Agency)
of a notice of
expiration of such license, | 26 |
| or on the date of expiration specified in the
Federal license, | 27 |
| whichever is earlier.
| 28 |
| (3) At such time as Illinois enters into a Federal-State | 29 |
| Agreement in
accordance with the provisions of this Act, the | 30 |
| Agency
Department shall
license
and collect license fees from | 31 |
| persons operating radiation installations,
including | 32 |
| installations involving the use or possession of by-product
| 33 |
| material as defined in subsection (a-5)(2) of Section 4 and | 34 |
| installations
having such devices or equipment utilizing or | 35 |
| producing radioactive
materials but licensure shall not apply |
|
|
|
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|
| 1 |
| to any x-ray machine, including
those located in an office of a | 2 |
| licensed physician or dentist. The
Agency
Department may also | 3 |
| collect license fees from persons authorized
by the
Agency
| 4 |
| Department to engage in decommissioning and decontamination
| 5 |
| activities at
radiation installations including installations | 6 |
| licensed to use or possess
by-product material as defined in | 7 |
| subsection (a-5)(2) of Section 4. The
license fees collected | 8 |
| from persons authorized to use or possess by-product
material | 9 |
| as defined in subsection (a-5)(2) of Section 4 or to engage in
| 10 |
| decommissioning and decontamination activities at radiation | 11 |
| installations
where such by-product material is used or | 12 |
| possessed may include fees
sufficient to cover the expenses | 13 |
| incurred by the Department in conjunction
with monitoring | 14 |
| unlicensed properties contaminated with by-product material
as | 15 |
| defined in subsection (a-5)(2) of Section 4 and overseeing the
| 16 |
| decontamination of such unlicensed properties.
| 17 |
| The Agency
Department may impose fees for termination of | 18 |
| licenses
including, but
not limited to, licenses for refining | 19 |
| uranium mill concentrates to uranium
hexafluoride; licenses | 20 |
| for possession and use of source material at ore
buying | 21 |
| stations, at ion exchange facilities and at facilities where | 22 |
| ore is
processed to extract metals other than uranium or | 23 |
| thorium; and licenses
authorizing the use or possession of | 24 |
| by-product material as defined in
subsection (a-5)(2) of | 25 |
| Section 4. The Agency
Department may also set
license fees
for | 26 |
| licenses which authorize the distribution of devices, | 27 |
| products, or
sealed sources involved in the production, | 28 |
| utilization, or containment of
radiation. After a public | 29 |
| hearing before the Agency
Department , the
fees and
collection | 30 |
| procedures shall be prescribed under rules and regulations for
| 31 |
| protection against radiation hazards promulgated under this | 32 |
| Act.
| 33 |
| (4) The Agency
Department is authorized to enter into | 34 |
| agreements
related to
the receipt and expenditure of federal | 35 |
| grants and other funds to provide
assistance to states and | 36 |
| compact regions in fulfilling responsibilities
under the |
|
|
|
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|
| 1 |
| federal Low-Level Radioactive Waste Policy Act, as amended.
| 2 |
| (Source: P.A. 91-86, eff. 7-9-99; 91-340, eff. 7-29-99; 92-16, | 3 |
| eff.
6-28-01.)
| 4 |
| (420 ILCS 40/11.5)
| 5 |
| (Section scheduled to be repealed on January 1, 2011)
| 6 |
| Sec. 11.5. State regulation of federal entities. The Agency
| 7 |
| Department
is authorized to regulate federal entities (and | 8 |
| their contractors) and
radiation
sources operated or possessed | 9 |
| by federal entities (or their contractors) if
the federal | 10 |
| entities agree to be regulated by the State or the regulation | 11 |
| is
otherwise allowed under
federal law. The Agency
Department | 12 |
| may, by rule, establish fees to
support the
regulation.
| 13 |
| (Source: P.A. 91-188, eff. 7-20-99.)
| 14 |
| (420 ILCS 40/12) (from Ch. 111 1/2, par. 210-12)
| 15 |
| (Section scheduled to be repealed on January 1, 2011)
| 16 |
| Sec. 12. State licensure of the use, manufacture or | 17 |
| distribution of
radioactive materials or devices or equipment | 18 |
| utilizing or producing
such materials not regulated by the | 19 |
| United States Nuclear Regulatory
Commission. Except as | 20 |
| otherwise provided in this Act, no person shall
utilize, | 21 |
| manufacture, or distribute radioactive materials or devices or
| 22 |
| equipment utilizing or producing such materials in this State | 23 |
| with the
exception of those materials or devices regulated by | 24 |
| the Nuclear Regulatory
Commission, without first securing a | 25 |
| license. After public hearing, the
Agency
Department shall | 26 |
| adopt rules and regulations for:
| 27 |
| (1) The issuance of licenses;
| 28 |
| (2) The utilization, manufacture and distribution of | 29 |
| such
radioactive materials or devices or equipment | 30 |
| utilizing or producing
such materials; and
| 31 |
| (3) The amendment, suspension or revocation of | 32 |
| licenses.
| 33 |
| The Agency
Department may, by rule and regulation, exempt | 34 |
| certain
sources of
radiation or kinds of radiation or users |
|
|
|
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|
| 1 |
| from the licensure and fee
requirements of this Section when | 2 |
| the Department makes a finding that
such exemption will not | 3 |
| constitute a significant risk to the health and
safety of the | 4 |
| public. State, county, and municipal
governmental agencies and | 5 |
| educational institutions shall be subject
to licensure, but are | 6 |
| exempt from fee requirements of this Section.
| 7 |
| Applications for licenses shall be made upon forms | 8 |
| prescribed and
furnished by the Agency
Department and shall be | 9 |
| accompanied by the fees
provided herein. Licenses shall expire | 10 |
| according to a schedule determined
by the Agency
Department .
| 11 |
| Application and license fees shall be set by rule of the | 12 |
| Agency
Department .
| 13 |
| This Section shall not apply to any x-ray machine including | 14 |
| those
located in an office of a licensed physician or dentist.
| 15 |
| (Source: P.A. 91-188, eff. 7-20-99.)
| 16 |
| (420 ILCS 40/13) (from Ch. 111 1/2, par. 210-13)
| 17 |
| (Section scheduled to be repealed on January 1, 2011)
| 18 |
| Sec. 13. Custody of by-product disposal sites; storage and | 19 |
| disposal fee.
| 20 |
| (1) Any radioactive materials license which authorizes any | 21 |
| activity that
results in the production of by-product material | 22 |
| as defined in subsection
(a-5)(2) of Section 4 or which | 23 |
| authorizes the possession of such
by-product
material, and | 24 |
| which is subsequently terminated without renewal, shall be
| 25 |
| terminated in compliance with this Section and the rules and | 26 |
| regulations
promulgated pursuant thereto.
| 27 |
| (2) Any radioactive materials license issued or renewed | 28 |
| after August 5,
1988, which authorizes any activity that | 29 |
| results in the production of
by-product material as defined in | 30 |
| subsection (a-5)(2) of Section
4 or which
authorizes the | 31 |
| possession of such by-product material shall contain such
terms | 32 |
| and conditions as the Agency
Department determines to be
| 33 |
| necessary to assure
that, prior to termination of such license:
| 34 |
| (A) The licensee will comply with prerequisites for | 35 |
| termination
including, but not limited to, |
|
|
|
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|
| 1 |
| decontamination, decommissioning and
reclamation | 2 |
| requirements prescribed by the Agency
Department which
| 3 |
| shall be
equivalent to, to the extent practicable, or more | 4 |
| stringent than, those of
the U.S. Nuclear Regulatory | 5 |
| Commission for sites at which ores were
processed primarily | 6 |
| for their source material content, and at which such
| 7 |
| by-product material as defined in subsection (a-5)(2) of | 8 |
| Section
4 is deposited.
| 9 |
| (B) If the State exercises the option to acquire land | 10 |
| used for the
disposal of by-product material as defined in | 11 |
| subsection (a-5)(2) of Section 4,
ownership of the land and | 12 |
| such by-product material which resulted from the
licensed | 13 |
| activity shall, subject to the provisions of this Act, be
| 14 |
| transferred to the State.
| 15 |
| (3) The Agency
Department shall:
| 16 |
| (A) Require by rule, regulation or order that, prior to | 17 |
| the termination
of any license, title to both the land | 18 |
| which is used under such license for
disposal of by-product | 19 |
| material as defined in subsection (a-5)(2) of Section
4, | 20 |
| and the by-product material as defined in subsection | 21 |
| (a-5)(2)
of Section
4, shall be transferred to the United | 22 |
| States or the State unless, prior to
such termination, the | 23 |
| U.S. Nuclear Regulatory Commission determines that
| 24 |
| transfer of title to such land and such by-product material | 25 |
| is not
necessary or desirable to protect the public health, | 26 |
| safety or welfare.
| 27 |
| (B) Terminate radioactive materials licenses that | 28 |
| authorize any activity
that results in the production of | 29 |
| by-product material as defined in
subsection (a-5)(2) of | 30 |
| Section 4 or that authorize the
possession of such
| 31 |
| material, only if, prior to termination of such licenses,
| 32 |
| the licensee has completed decontamination of all | 33 |
| properties that have
been identified as being contaminated | 34 |
| with by-product material at the
licensed site and
the U.S. | 35 |
| Nuclear
Regulatory Commission has determined that all | 36 |
| applicable standards and
requirements pertaining to such |
|
|
|
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|
| 1 |
| material have been met.
| 2 |
| (C) In the event title is transferred to the State in | 3 |
| accordance with
paragraph (B) of subsection (2) of this | 4 |
| Section, maintain the by-product
material as defined in | 5 |
| subsection (a-5)(2) of Section 4 and the
land used for
| 6 |
| disposal of such by-product material in such a manner as to | 7 |
| protect the
public health and safety and the environment.
| 8 |
| (D) Undertake such monitoring, maintenance and | 9 |
| emergency measures as are
necessary, determined on its own | 10 |
| initiative or by the U.S. Nuclear
Regulatory Commission, to | 11 |
| protect the public health and safety from those
materials | 12 |
| and property for which the State has assumed custody | 13 |
| pursuant
to this Act.
| 14 |
| (4) The transfer of title to land used for disposal of | 15 |
| by-product
material as defined in subsection (a-5)(2) of | 16 |
| Section 4 or such
by-product
material to the United States or | 17 |
| the State shall not relieve any licensee
of liability for any | 18 |
| breach of contract, tort or fraudulent or negligent
act or | 19 |
| omission prior to such transfer.
| 20 |
| (5) By-product material as defined in subsection (a-5)(2) | 21 |
| of
Section 4 and
land transferred to the United States or the | 22 |
| State in accordance with this
Section shall be transferred | 23 |
| without cost to the United States or the
State, other than | 24 |
| administrative and legal costs incurred by the United
States or | 25 |
| the State in carrying out such transfer.
| 26 |
| (6) In accordance with the provisions of the Uranium Mill | 27 |
| Tailings
Radiation Control Act of 1978, the use of the surface | 28 |
| or subsurface
estates, or both, of the land transferred to the | 29 |
| United States or the State
pursuant to paragraph (B) of | 30 |
| subsection (2) of this Section is prohibited
unless the | 31 |
| Commission permits such use after first determining that the | 32 |
| use
would not endanger the public health, safety or welfare or | 33 |
| the environment.
| 34 |
| (Source: P.A. 91-340, eff. 7-29-99.)
| 35 |
| (420 ILCS 40/14) (from Ch. 111 1/2, par. 210-14)
|
|
|
|
SB1483 |
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LRB094 04311 RSP 34338 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2011)
| 2 |
| Sec. 14. Radiation Protection Advisory Council.
There | 3 |
| shall be created a Radiation Protection Advisory Council
| 4 |
| consisting of 7 members to be appointed by the Governor on the | 5 |
| basis of
demonstrated interest in and capacity to further the | 6 |
| purposes of this Act
and who shall broadly reflect the varied | 7 |
| interests in and aspects of atomic
energy and ionizing | 8 |
| radiation within the State. The Director of the
Department of | 9 |
| Labor and the Chairman of the Commerce Commission or their
| 10 |
| representatives shall be ex-officio members of the Council.
| 11 |
| Each member of the Council shall be appointed for a 4
year | 12 |
| term
and shall continue to serve until a successor is | 13 |
| appointed.
Any member appointed to fill a vacancy occurring | 14 |
| prior to the expiration of
the term for which his or her | 15 |
| predecessor was appointed shall continue to
serve
until a | 16 |
| successor is appointed. The Chairman of the Council shall be | 17 |
| selected by
and from the Council membership. The Council | 18 |
| members shall serve without
compensation but shall be | 19 |
| reimbursed for their actual expenses incurred in
line of duty. | 20 |
| The Council shall meet as often as the Chairman deems
| 21 |
| necessary, but upon request of 4 or more members it shall be | 22 |
| the duty of
the Chairman to call a meeting of the Council.
| 23 |
| It shall be the duty of the Council to assist in the | 24 |
| formulation of and
to review the policies and program of the | 25 |
| Agency
Department as
developed under
authority of this Act and | 26 |
| to make recommendations thereon and to provide
the Agency
| 27 |
| Department with such technical advice and assistance as may
be
| 28 |
| requested. The Council may employ such professional, | 29 |
| technical, clerical
and other assistants, without regard to the | 30 |
| civil service laws or the
"Personnel Code" of this State, as it | 31 |
| deems necessary to carry out its
duties.
| 32 |
| Individuals who serve on advisory boards of the Department | 33 |
| of Nuclear
Safety or its successor agency, the Illinois | 34 |
| Emergency Management Agency,
shall be defended by the Attorney | 35 |
| General and indemnified for all
actions alleging a violation of | 36 |
| any duty arising within the scope of their
service on such |
|
|
|
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LRB094 04311 RSP 34338 b |
|
| 1 |
| board. Nothing contained herein shall be deemed to afford
| 2 |
| defense or indemnification for any willful or wanton violation | 3 |
| of law.
Such defense and indemnification shall be afforded in | 4 |
| accordance with the
terms and provisions of the State Employee | 5 |
| Indemnification Act.
| 6 |
| (Source: P.A. 91-172, eff. 7-16-99.)
| 7 |
| (420 ILCS 40/15) (from Ch. 111 1/2, par. 210-15)
| 8 |
| (Section scheduled to be repealed on January 1, 2011)
| 9 |
| Sec. 15. Radiologic Technologist Accreditation Advisory | 10 |
| Board.
| 11 |
| (a) There shall be created a Radiologic Technologist | 12 |
| Accreditation Advisory
Board consisting of 13 members to be | 13 |
| appointed by the Governor on the basis
of demonstrated interest | 14 |
| in and capacity to further the purposes of this
Act: one | 15 |
| physician licensed to practice medicine in all its branches
| 16 |
| specializing in nuclear medicine; one physician licensed to | 17 |
| practice
medicine in all its branches specializing in | 18 |
| diagnostic radiology; one
physician licensed to practice | 19 |
| medicine in all its branches specializing in
therapeutic | 20 |
| radiology; 3 physicians licensed to practice medicine in all
| 21 |
| its branches who do not specialize in radiology; one medical
| 22 |
| radiation
physicist; one radiologic technologist | 23 |
| (radiography); one radiologic
technologist (nuclear medicine); | 24 |
| one radiologic technologist (therapy); one
chiropractor; one | 25 |
| person accredited by the Agency
Department to perform
a limited
| 26 |
| scope of diagnostic radiography procedures; and one registered | 27 |
| nurse. The
Assistant Director of the Department of Nuclear | 28 |
| Safety or his
representative shall be
an ex officio member of | 29 |
| the Board with voting privileges in case of a tie.
The Board | 30 |
| may appoint consultants to assist in administering this Act.
| 31 |
| (b) Any person serving on the Board who is a practitioner | 32 |
| of a profession
or occupation required to be accredited | 33 |
| pursuant to this Act, shall be the
holder of an appropriate | 34 |
| accreditation issued by the State, except in the
case of the | 35 |
| initial Board members.
|
|
|
|
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LRB094 04311 RSP 34338 b |
|
| 1 |
| (c) Each member of the Board shall be appointed for a 3
| 2 |
| year term and shall continue to serve until a successor is | 3 |
| appointed.
Any member appointed to fill a vacancy occurring | 4 |
| prior to the expiration
of the term for which his or her | 5 |
| predecessor was appointed shall continue
to
serve until a | 6 |
| successor is appointed. No more than 2 successive terms shall | 7 |
| be
served
by a Board member.
| 8 |
| (d) The Chairman of the Board shall be selected by and from | 9 |
| the Board
membership.
| 10 |
| (e) The Board members shall serve without compensation but | 11 |
| shall be
reimbursed for their actual expenses incurred in line | 12 |
| of duty.
| 13 |
| (f) All members of the Board shall be legal residents of | 14 |
| the State and
shall have practiced for a minimum period of 2 | 15 |
| years immediately preceding
appointment.
| 16 |
| (g) The Board shall meet as often as the Chairman deems | 17 |
| necessary, but
upon request of 7 or more members it shall be | 18 |
| the duty of the Chairman to call
a meeting of the Board.
| 19 |
| (h) The Board shall advise, consult with and make | 20 |
| recommendations to the
Agency
Department with respect to | 21 |
| accreditation requirements to be
promulgated by
the Agency
| 22 |
| Department ; however, the actions of the Board shall be
advisory | 23 |
| only
with respect to the Agency
Department .
| 24 |
| (i) Individuals who serve on advisory boards of the | 25 |
| Department of Nuclear
Safety or its successor agency, the | 26 |
| Illinois Emergency Management Agency,
shall be defended by the | 27 |
| Attorney General and indemnified for all
actions alleging a | 28 |
| violation of any duty arising within the scope of their
service | 29 |
| on such advisory board. Nothing contained herein shall be | 30 |
| deemed to
afford defense or indemnification for any willful or | 31 |
| wanton violation of
law. Such defense and indemnification shall | 32 |
| be afforded in accordance with
the terms and provisions of the | 33 |
| State Employees Indemnification Act.
| 34 |
| (Source: P.A. 90-655, eff. 7-30-98; 91-172, eff. 7-16-99.)
| 35 |
| (420 ILCS 40/16) (from Ch. 111 1/2, par. 210-16)
|
|
|
|
SB1483 |
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LRB094 04311 RSP 34338 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2011)
| 2 |
| Sec. 16. Functions and powers of Agency
Department .
The | 3 |
| Agency
Department shall administer this Act and promulgate by
| 4 |
| codes, rules,
regulations, or orders such standards and | 5 |
| instructions to govern the
possession and use of any radiation | 6 |
| source as the Agency
Department may
deem
necessary or desirable | 7 |
| to protect the public health, welfare and safety.
| 8 |
| (Source: P.A. 86-1341.)
| 9 |
| (420 ILCS 40/17) (from Ch. 111 1/2, par. 210-17)
| 10 |
| (Section scheduled to be repealed on January 1, 2011)
| 11 |
| Sec. 17. The Agency
Department shall develop comprehensive | 12 |
| policies
and programs
for the evaluation and determination of | 13 |
| exposures associated with the use
of radiation, and for their | 14 |
| control.
| 15 |
| (Source: P.A. 86-1341.)
| 16 |
| (420 ILCS 40/18) (from Ch. 111 1/2, par. 210-18)
| 17 |
| (Section scheduled to be repealed on January 1, 2011)
| 18 |
| Sec. 18. The Agency
Department shall hold public hearings, | 19 |
| receive
pertinent and
relevant proof from any party in interest | 20 |
| who appears before the
Agency
Department , make findings of | 21 |
| facts and determinations, all with
respect to
the violations of | 22 |
| the provisions of this Act or codes, rules, regulations
or | 23 |
| orders issued pursuant thereto. The Department of Nuclear | 24 |
| Safety shall,
within one year of September 7, 1990 ( the | 25 |
| effective date
of Public Act 86-1341)
this Act ,
adopt rules | 26 |
| which prescribe the standards
used by the Department in | 27 |
| determining when amendments to pleadings shall be
allowed to | 28 |
| join or dismiss any party, or to delete, modify or add
| 29 |
| allegations or defenses before the completion of an | 30 |
| administrative hearing.
The Agency
Department shall allow only | 31 |
| attorneys licensed and
registered to
practice in this State to | 32 |
| appear before it in administrative hearings,
except that a | 33 |
| natural person may appear on his or her own behalf.
| 34 |
| (Source: P.A. 86-1341.)
|
|
|
|
SB1483 |
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LRB094 04311 RSP 34338 b |
|
| 1 |
| (420 ILCS 40/19) (from Ch. 111 1/2, par. 210-19)
| 2 |
| (Section scheduled to be repealed on January 1, 2011)
| 3 |
| Sec. 19. The Agency
Department shall institute or cause to | 4 |
| be
instituted in
the circuit court proceedings to compel | 5 |
| compliance with the provisions of
this Act or codes, rules, | 6 |
| regulations or orders issued pursuant thereto.
| 7 |
| (Source: P.A. 86-1341.)
| 8 |
| (420 ILCS 40/20) (from Ch. 111 1/2, par. 210-20)
| 9 |
| (Section scheduled to be repealed on January 1, 2011)
| 10 |
| Sec. 20. The Agency
Department shall advise, consult, and | 11 |
| cooperate
with other
agencies of the State, the Federal | 12 |
| Government, other States and interstate
agencies, and with | 13 |
| affected groups, political subdivisions, and industries.
| 14 |
| (Source: P.A. 86-1341.)
| 15 |
| (420 ILCS 40/21) (from Ch. 111 1/2, par. 210-21)
| 16 |
| (Section scheduled to be repealed on January 1, 2011)
| 17 |
| Sec. 21. The Agency
Department shall accept and administer | 18 |
| according
to law
loans, grants, or other funds or gifts from | 19 |
| the Federal Government and from
other sources, public or | 20 |
| private, for carrying out its functions under this
Act.
| 21 |
| (Source: P.A. 86-1341.)
| 22 |
| (420 ILCS 40/22) (from Ch. 111 1/2, par. 210-22)
| 23 |
| (Section scheduled to be repealed on January 1, 2011)
| 24 |
| Sec. 22. The Agency
Department shall encourage, | 25 |
| participate in, or
conduct
studies, investigations, training, | 26 |
| research, and demonstrations relating to
the control or | 27 |
| measurement of radiation, the effects on health of exposure
to | 28 |
| radiation, and related problems as it may deem necessary or | 29 |
| advisable in
the discharge of its duties under this Act.
| 30 |
| (Source: P.A. 86-1341.)
| 31 |
| (420 ILCS 40/23) (from Ch. 111 1/2, par. 210-23)
|
|
|
|
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LRB094 04311 RSP 34338 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2011)
| 2 |
| Sec. 23. The Agency
Department shall collect, maintain and
| 3 |
| disseminate health
education information relating to | 4 |
| radiation.
| 5 |
| (Source: P.A. 86-1341.)
| 6 |
| (420 ILCS 40/24) (from Ch. 111 1/2, par. 210-24)
| 7 |
| (Section scheduled to be repealed on January 1, 2011)
| 8 |
| Sec. 24. The Agency
Department shall with respect to | 9 |
| radiation
installations and
radiation sources, responsibility | 10 |
| for which has been transferred by the
Federal Government to | 11 |
| this State, review and approve plans and
specifications for | 12 |
| radiation installations and radiation sources admitted
| 13 |
| pursuant to codes, rules or regulations promulgated under this | 14 |
| Act.
| 15 |
| (Source: P.A. 86-1341.)
| 16 |
| (420 ILCS 40/24.5)
| 17 |
| (Section scheduled to be repealed on January 1, 2011)
| 18 |
| Sec. 24.5. Mammography installation; federal and State | 19 |
| programs.
| 20 |
| (a) The Agency
Department may, with approval by the | 21 |
| Secretary of the
U.S.
Department of Health and Human
Services, | 22 |
| exercise the powers, duties, and responsibilities of an | 23 |
| accreditation
body under the federal Mammography Quality | 24 |
| Standards Act of 1992. The
Agency
Department may promulgate | 25 |
| rules and incorporate into the rules
standards that
may be | 26 |
| necessary for the Agency
Department to qualify as an
| 27 |
| accreditation body. The
Agency
Department may, by rule, | 28 |
| establish reasonable fees to be paid to
the Agency
Department
| 29 |
| by mammography installations for accreditation by the Agency
| 30 |
| Department .
| 31 |
| (b) The Agency
Department may implement a State program to | 32 |
| carry out
the
certification program requirements provided for | 33 |
| in the Mammography Quality
Standards Act of 1992. The Agency
| 34 |
| Department may promulgate rules and
enter into
agreements as |
|
|
|
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|
| 1 |
| necessary to implement the provisions of this Section. The
| 2 |
| Agency
Department
may, by rule, establish reasonable
fees to be | 3 |
| paid to
the Agency
Department by mammography installations for | 4 |
| certification by
the
Agency
Department .
| 5 |
| (Source: P.A. 91-339, eff. 7-29-99.)
| 6 |
| (420 ILCS 40/24.7)
| 7 |
| (Section scheduled to be repealed on January 1, 2011)
| 8 |
| Sec. 24.7. Registration requirement; fees. Beginning | 9 |
| January 1, 2000, the
Department of Nuclear Safety or its | 10 |
| successor agency, the Illinois Emergency
Management Agency, is | 11 |
| authorized to require every operator of a radiation
| 12 |
| installation
to register the installation with the Department | 13 |
| or the Agency before the
installation is
placed in operation. | 14 |
| The Agency
Department is authorized to exempt
certain radiation
| 15 |
| sources from registration by rule when the Agency
Department | 16 |
| makes a
determination
that the exemption of such sources will | 17 |
| not constitute a significant risk to
health and safety of the | 18 |
| public. Whenever there is a change in a radiation
installation | 19 |
| that affects the registration information provided to the
| 20 |
| Department or the Agency , including discontinuation of use or | 21 |
| disposition
of radiation
sources, the operator of such | 22 |
| installation shall, within 30 days, give written
notice to the | 23 |
| Department or the Agency detailing the change.
| 24 |
| Beginning January 1, 2000, every radiation installation | 25 |
| operator using
radiation machines shall register annually in a | 26 |
| manner and form prescribed by
the Department of Nuclear Safety | 27 |
| or its successor agency, the Illinois
Emergency Management | 28 |
| Agency, and shall pay the Department or the Agency
an annual | 29 |
| registration fee for
each radiation machine. The Agency
| 30 |
| Department shall by rule establish
the annual
registration fee | 31 |
| to register and inspect radiation installations based on the
| 32 |
| type of facility and equipment possessed by the registrant. The | 33 |
| Agency
Department
shall bill the operator for the registration | 34 |
| fee as soon as practical after
January 1. The registration fee | 35 |
| shall be due and payable within 60 days of the
date of billing. |
|
|
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|
| 1 |
| If after 60 days the registration fee is not paid, the
Agency
| 2 |
| Department may issue an order directing the operator of the
| 3 |
| installation to
cease use of all radiation machines or take | 4 |
| other appropriate enforcement
action as provided in Section 36 | 5 |
| of this Act. Fees collected under this
Section are not | 6 |
| refundable.
| 7 |
| Registration of any radiation installation shall not imply | 8 |
| approval of
manufacture, storage, use, handling, operation, or | 9 |
| disposal of radiation
sources, but shall serve merely as notice | 10 |
| to the Agency
Department of
Nuclear Safety
of the location and | 11 |
| character of radiation sources in this State.
| 12 |
| (Source: P.A. 91-340, eff. 7-29-99.)
| 13 |
| (420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25)
| 14 |
| (Section scheduled to be repealed on January 1, 2011)
| 15 |
| Sec. 25. Radiation inspection and testing; fees.
| 16 |
| (a) The Agency
Department shall inspect and test radiation
| 17 |
| installations and
radiation sources, their immediate | 18 |
| surroundings and records concerning their
operation to | 19 |
| determine whether or not any radiation resulting therefrom is | 20 |
| or
may be detrimental to health. For the purposes of this | 21 |
| Section, "radiation
installation" means any location or | 22 |
| facility where radiation machines are
used. The inspection and | 23 |
| testing frequency of a radiation installation shall
be based on | 24 |
| the installation's class designation in accordance with | 25 |
| subsection
(f).
| 26 |
| Inspections of mammography installations shall also | 27 |
| include evaluation
of the quality of mammography phantom images | 28 |
| produced by mammography
equipment. The Agency
Department shall | 29 |
| promulgate rules establishing
procedures
and acceptance | 30 |
| standards for evaluating the quality of mammography phantom
| 31 |
| images.
| 32 |
| Beginning on the effective date of this amendatory Act of | 33 |
| 1997 and until
June 30, 2000, the fee for inspection and | 34 |
| testing shall be paid yearly at an
annualized rate based on the | 35 |
| classifications and frequencies set forth in
subsection (f). |
|
|
|
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|
| 1 |
| The annualized fee for inspection and testing shall be based
on | 2 |
| the rate of $55 per radiation machine for machines located in | 3 |
| dental offices
and clinics and used solely for dental | 4 |
| diagnosis, located in veterinary
offices and used solely for | 5 |
| diagnosis, or located in offices and clinics of
persons | 6 |
| licensed under the Podiatric Medical Practice Act of 1987 and | 7 |
| shall
be based on the rate of $80 per radiation machine for all | 8 |
| other radiation
machines. The Department of Nuclear Safety may | 9 |
| adopt rules detailing the
annualized rate
structure. For the | 10 |
| year beginning January 1, 2000, the annual fee for
inspection | 11 |
| and testing of Class D radiation installations shall be $25 per
| 12 |
| radiation machine. The Department is authorized to bill the
| 13 |
| fees listed in
this paragraph as part of the annual fee | 14 |
| specified in Section 24.7 of this
Act.
| 15 |
| Beginning July 1, 2000, the Department of Nuclear Safety or | 16 |
| its successor
agency, the Illinois Emergency Management | 17 |
| Agency, shall establish the fees
under
Section 24.7 of this Act | 18 |
| by rule, provided that no increase of the fees shall
take | 19 |
| effect before January 1, 2001.
| 20 |
| (b) (Blank).
| 21 |
| (c) (Blank).
| 22 |
| (d) (Blank).
| 23 |
| (e) (Blank).
| 24 |
| (f) For purposes of this Section, radiation installations
| 25 |
| shall be divided into 4 classes:
| 26 |
| Class A - Class A shall include dental offices and | 27 |
| veterinary offices
with radiation machines used solely for | 28 |
| diagnosis and all installations
using commercially | 29 |
| manufactured cabinet radiographic/fluoroscopic radiation
| 30 |
| machines. Operators of Class A installations shall have | 31 |
| their radiation
machines inspected and tested every 5 years | 32 |
| by the Agency
Department .
| 33 |
| Class B - Class B shall include offices or clinics of | 34 |
| persons licensed
under the Medical Practice Act of 1987 or | 35 |
| the Podiatric Medical Practice
Act of 1987 with radiation | 36 |
| machines used solely for diagnosis and all
installations |
|
|
|
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|
| 1 |
| using spectroscopy radiation machines, noncommercially
| 2 |
| manufactured cabinet radiographic/fluoroscopic radiation | 3 |
| machines, portable
radiographic/fluoroscopic units, | 4 |
| non-cabinet baggage/package fluoroscopic
radiation | 5 |
| machines and electronic beam welders. Operators of Class B
| 6 |
| installations shall have their radiation machines | 7 |
| inspected and tested every
2 years by the Agency
| 8 |
| Department .
| 9 |
| Class C - Class C shall include installations using
| 10 |
| diffraction radiation machines, open radiography radiation | 11 |
| machines, closed
radiographic/fluoroscopic radiation | 12 |
| machines and radiation machines used as
gauges. Test | 13 |
| booths, bays, or rooms used by manufacturing,
assembly or | 14 |
| repair facilities for testing radiation machines shall be
| 15 |
| categorized as Class C radiation installations. Operators | 16 |
| of Class C
installations shall have their radiation | 17 |
| machines inspected and tested
annually by the Agency
| 18 |
| Department .
| 19 |
| Class D - Class D shall include all hospitals and all | 20 |
| other facilities
using mammography, computed tomography | 21 |
| (CT), or therapeutic radiation machines.
Each operator of a | 22 |
| Class D installation shall maintain a comprehensive
| 23 |
| radiation protection program. The individual or | 24 |
| individuals responsible for
implementing this program | 25 |
| shall register with the Department of Nuclear
Safety or its | 26 |
| successor agency, the Illinois Emergency Management | 27 |
| Agency, in
accordance
with Section 25.1. As part of this | 28 |
| program, the registered individual or
individuals shall | 29 |
| conduct an annual performance evaluation of all radiation
| 30 |
| machines and oversee the equipment-related quality | 31 |
| assurance practices within
the installation. The | 32 |
| registered individual or individuals shall determine and
| 33 |
| document whether the installation's radiation machines are | 34 |
| being maintained and
operated in accordance with standards | 35 |
| promulgated by the Agency
Department . Class D
installation | 36 |
| shall be inspected annually by the Agency
Department .
|
|
|
|
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LRB094 04311 RSP 34338 b |
|
| 1 |
| (f-1) Radiation installations for which more than one class | 2 |
| is applicable
shall be assigned the classification requiring | 3 |
| the most frequent inspection and
testing.
| 4 |
| (f-2) Radiation installations not classified as Class A, B, | 5 |
| C, or D shall
be inspected according to frequencies established | 6 |
| by the Agency
Department based upon
the associated radiation | 7 |
| hazards, as determined by the Agency
Department .
| 8 |
| (g) The Agency
Department is authorized to maintain a | 9 |
| facility for
the purpose
of calibrating radiation detection and | 10 |
| measurement instruments in
accordance with national standards. | 11 |
| The Agency
Department may make
calibration
services available | 12 |
| to public or private entities within or outside of
Illinois and | 13 |
| may assess a reasonable fee for such services.
| 14 |
| (Source: P.A. 91-188, eff. 7-20-99; 91-340, eff. 7-29-99; | 15 |
| 92-16, eff.
6-28-01.)
| 16 |
| (420 ILCS 40/25.1)
| 17 |
| (Section scheduled to be repealed on January 1, 2011)
| 18 |
| Sec. 25.1. Beginning January 1, 2000, each individual | 19 |
| responsible for
implementing a comprehensive radiation | 20 |
| protection program for Class D
installations, as described in | 21 |
| Section 25(f) of this Act, shall be required to
register with | 22 |
| the Department of Nuclear Safety or its successor agency, the
| 23 |
| Illinois Emergency Management Agency . Application for | 24 |
| registration shall be
made on a
form prescribed by the Agency
| 25 |
| Department and shall be accompanied by
the required
application | 26 |
| fee. The Agency
Department shall approve the application
and | 27 |
| register an
individual if the individual satisfies criteria | 28 |
| established by rule of the
Agency
Department . The Agency
| 29 |
| Department shall assess
registered individuals an annual
| 30 |
| registration fee. The Agency
Department shall establish by rule
| 31 |
| application and
registration fees. The application and | 32 |
| registration fees shall not be
refundable.
| 33 |
| (Source: P.A. 91-340, eff. 7-29-99.)
| 34 |
| (420 ILCS 40/25.2)
|
|
|
|
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LRB094 04311 RSP 34338 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2011)
| 2 |
| Sec. 25.2. Installation and servicing of radiation | 3 |
| machines.
| 4 |
| (a) Beginning January 1, 2002, a service provider who | 5 |
| installs or services
radiation machines in the State of | 6 |
| Illinois must register with the Department
of Nuclear Safety or | 7 |
| its successor agency, the Illinois Emergency Management
| 8 |
| Agency .
An operator of a radiation installation that is | 9 |
| registered under Section 24.7
is not required to register under | 10 |
| this Section to service the radiation
machines that it owns or | 11 |
| leases.
| 12 |
| (b) A service provider who installs a radiation machine in | 13 |
| the State of
Illinois must report the installation to the | 14 |
| Agency
Department .
| 15 |
| (c) A service provider who services a radiation machine in | 16 |
| a radiation
installation in the State of Illinois that is not | 17 |
| registered under Section
24.7 must report the service to the | 18 |
| Agency
Department .
| 19 |
| (d) The Agency
Department is authorized to adopt rules to | 20 |
| implement
this Section,
including rules assessing application | 21 |
| and annual registration fees.
Application and registration | 22 |
| fees are not refundable.
| 23 |
| (Source: P.A. 92-273, eff. 8-7-01.)
| 24 |
| (420 ILCS 40/26) (from Ch. 111 1/2, par. 210-26)
| 25 |
| (Section scheduled to be repealed on January 1, 2011)
| 26 |
| Sec. 26. The Agency
Department shall cause an investigation | 27 |
| to be
made upon
receipt of information concerning a violation | 28 |
| of the provisions of this Act
or of any codes, rules, or | 29 |
| regulations promulgated thereunder.
| 30 |
| (Source: P.A. 86-1341.)
| 31 |
| (420 ILCS 40/27) (from Ch. 111 1/2, par. 210-27)
| 32 |
| (Section scheduled to be repealed on January 1, 2011)
| 33 |
| Sec. 27. The Agency
Department is authorized to enter
at | 34 |
| all reasonable
times upon any private or public property for |
|
|
|
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LRB094 04311 RSP 34338 b |
|
| 1 |
| the purpose of determining
whether or not there is compliance | 2 |
| with or violation of the provisions of
this Act and rules and | 3 |
| regulations issued thereunder. The Agency
Department may
| 4 |
| inspect and investigate premises, operations, and personnel | 5 |
| and have access to
and copy records for the purpose of | 6 |
| evaluating past, current, and potential
hazards to the public | 7 |
| health, workers, or the environment resulting from
radiation. | 8 |
| Entry into areas under the jurisdiction of
the Federal | 9 |
| Government shall be
effected only with the concurrence of the | 10 |
| Federal Government or its duly
designated representative.
| 11 |
| (Source: P.A. 91-340, eff. 7-29-99.)
| 12 |
| (420 ILCS 40/28) (from Ch. 111 1/2, par. 210-28)
| 13 |
| (Section scheduled to be repealed on January 1, 2011)
| 14 |
| Sec. 28. (a) The Agency
Department shall require each | 15 |
| person who
possesses or
uses a source of ionizing radiation to | 16 |
| maintain records relating to its
receipt, storage, transfer or | 17 |
| disposal and such other records as the
Agency
Department may | 18 |
| require, subject to such exemptions as may be
provided by
rules | 19 |
| or regulations.
| 20 |
| (b) Unless they are transferred directly to the patient or | 21 |
| the
patient's physician, mammography images or films shall be | 22 |
| retained by the
provider of the mammography service for a | 23 |
| minimum of 60 months. Mammography
images or films transferred | 24 |
| to a patient's physician shall be retained by
the physician for | 25 |
| a minimum of 60 months. These retention periods are a
minimum | 26 |
| and shall not reduce any other medical record retention
| 27 |
| requirements established by statute or regulation.
| 28 |
| (Source: P.A. 86-1341; 87-604.)
| 29 |
| (420 ILCS 40/29) (from Ch. 111 1/2, par. 210-29)
| 30 |
| (Section scheduled to be repealed on January 1, 2011)
| 31 |
| Sec. 29. The Agency
Department shall require each person | 32 |
| who
possesses or uses a
source of ionizing radiation to | 33 |
| maintain appropriate records showing the
radiation exposure of | 34 |
| all individuals for whom personnel monitoring is
required by |
|
|
|
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LRB094 04311 RSP 34338 b |
|
| 1 |
| rules and regulations of the Agency
Department . Except as
| 2 |
| otherwise
provided by law, copies of these records and those | 3 |
| required to be kept by
Section 25 shall be submitted to the | 4 |
| Agency
Department on request. Any
person
possessing or using a | 5 |
| source of ionizing radiation shall furnish to each
employee for | 6 |
| whom personnel monitoring is required a copy of such
employee's | 7 |
| personal exposure record at any time such employee has been
| 8 |
| exposed to radiation in excess of limits prescribed by the | 9 |
| Agency
Department , upon
termination of employment, and | 10 |
| annually at his request.
| 11 |
| (Source: P.A. 86-1341.)
| 12 |
| (420 ILCS 40/30) (from Ch. 111 1/2, par. 210-30)
| 13 |
| (Section scheduled to be repealed on January 1, 2011)
| 14 |
| Sec. 30. The Agency
Department shall issue such orders or
| 15 |
| modifications thereof
as may be necessary in connection with | 16 |
| proceedings under Section 10 and
other provisions of this Act | 17 |
| and the regulations promulgated by the Agency
Department .
| 18 |
| (Source: P.A. 86-1341.)
| 19 |
| (420 ILCS 40/31) (from Ch. 111 1/2, par. 210-31)
| 20 |
| (Section scheduled to be repealed on January 1, 2011)
| 21 |
| Sec. 31. The provisions of the Illinois Administrative | 22 |
| Procedure Act are
hereby expressly adopted and shall apply to | 23 |
| all administrative rules and
procedures of the Agency
| 24 |
| Department under this Act, except that in case
of
conflict | 25 |
| between the Illinois Administrative Procedure Act and this Act | 26 |
| the
provisions of this Act shall control, and except that | 27 |
| Section 5-35 of
the Illinois Administrative Procedure Act | 28 |
| relating to procedures for
rule-making does not apply to the | 29 |
| adoption of any rule required by federal
law in connection with | 30 |
| which the Agency
Department is precluded by law
from
exercising | 31 |
| any discretion.
| 32 |
| (Source: P.A. 88-45.)
| 33 |
| (420 ILCS 40/32) (from Ch. 111 1/2, par. 210-32)
|
|
|
|
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LRB094 04311 RSP 34338 b |
|
| 1 |
| (Section scheduled to be repealed on January 1, 2011)
| 2 |
| Sec. 32. Radiation emergency contingency plan. The Agency
| 3 |
| Department
shall
develop for its use , or for the use of
by the | 4 |
| Illinois Emergency
Management Agency or its
successor, a | 5 |
| comprehensive contingency plan for the protection of public
| 6 |
| health, welfare and safety during a radiation emergency.
| 7 |
| (Source: P.A. 86-1341; 87-895.)
| 8 |
| (420 ILCS 40/33) (from Ch. 111 1/2, par. 210-33)
| 9 |
| (Section scheduled to be repealed on January 1, 2011)
| 10 |
| Sec. 33. Agreements and training programs.
| 11 |
| (1) The Agency
Department is authorized to enter into an | 12 |
| agreement
or
agreements with the Federal Government, other | 13 |
| States, interstate
agencies, or other State agencies whereby | 14 |
| this State will perform, on a
co-operative basis with the
| 15 |
| Federal Government, other States, interstate agencies, or | 16 |
| other
State agencies, inspections or
other functions relating | 17 |
| to control of sources of ionizing radiation or
relating to the | 18 |
| State role provided for in the Federal Facility Compliance Act
| 19 |
| of 1992.
| 20 |
| (2) The Agency
Department may institute training programs | 21 |
| for the
purpose of
qualifying personnel to carry out the | 22 |
| provisions of this Act, and may make
said personnel available | 23 |
| for participation in any program or programs of
the Federal | 24 |
| Government, other States or interstate agencies in furtherance
| 25 |
| of the purposes of this Act.
| 26 |
| (Source: P.A. 88-616, eff. 9-9-94.)
| 27 |
| (420 ILCS 40/34) (from Ch. 111 1/2, par. 210-34)
| 28 |
| (Section scheduled to be repealed on January 1, 2011)
| 29 |
| Sec. 34. All intrastate and interstate carriers of | 30 |
| irradiated nuclear
reactor fuel in the State of Illinois are | 31 |
| hereby required to notify the
Agency
Department of Nuclear | 32 |
| Safety 24 hours prior to any
transportation of
irradiated | 33 |
| nuclear reactor fuel within this State of the proposed route, | 34 |
| the
place and time of entry into the State, and the amount and |
|
|
|
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LRB094 04311 RSP 34338 b |
|
| 1 |
| the source of
the fuel. The Agency
Department shall immediately | 2 |
| notify the State
Police, which
shall notify the sheriff of | 3 |
| those counties along the route of such shipment.
| 4 |
| For the purpose of this subsection, a "carrier" is any | 5 |
| entity charged
with transportation of such irradiated reactor | 6 |
| fuel from the nuclear
steam-generating facility to a storage | 7 |
| facility.
| 8 |
| For the purpose of this subsection, "irradiated reactor | 9 |
| fuel" is any
nuclear fuel assembly containing fissile-bearing | 10 |
| material that has been
irradiated in and removed from a nuclear | 11 |
| reactor facility.
| 12 |
| (Source: P.A. 86-1341.)
| 13 |
| (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
| 14 |
| (Section scheduled to be repealed on January 1, 2011)
| 15 |
| Sec. 35. Radiation Protection Fund.
| 16 |
| (a) All moneys received
by the Agency
Department
under this | 17 |
| Act shall be deposited in the State treasury and shall be set
| 18 |
| apart in a special fund to be known as the "Radiation | 19 |
| Protection Fund". All
monies within the Radiation Protection | 20 |
| Fund shall be invested by the State
Treasurer in accordance | 21 |
| with established investment practices. Interest
earned by such | 22 |
| investment shall be returned to the Radiation Protection
Fund. | 23 |
| Monies deposited in this Fund shall be expended by the | 24 |
| Assistant
Director
pursuant to appropriation only to support | 25 |
| the activities of the Agency
Department
under this Act and as | 26 |
| provided in the Laser System Act of 1997 and the
Radon
Industry | 27 |
| Licensing Act.
| 28 |
| (b) On August 15, 1997,
all moneys
remaining in the Federal | 29 |
| Facilities Compliance Fund shall be transferred to the
| 30 |
| Radiation Protection Fund.
| 31 |
| (Source: P.A. 90-209, eff. 7-25-97; 90-262, eff. 7-30-97; | 32 |
| 90-391, eff.
8-15-97; 90-655, eff. 7-30-98.)
| 33 |
| (420 ILCS 40/36) (from Ch. 111 1/2, par. 210-36)
| 34 |
| (Section scheduled to be repealed on January 1, 2011)
|
|
|
|
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LRB094 04311 RSP 34338 b |
|
| 1 |
| Sec. 36. Order for violation abatement and public hearing.
| 2 |
| Whenever the Agency
Department believes upon examination of | 3 |
| records or inspection and examination
of a
radiation | 4 |
| installation or a radiation source as constructed, operated or
| 5 |
| maintained that there has been a violation of any of the | 6 |
| provisions of
this Act or any rules or regulations promulgated | 7 |
| under this Act,
the Agency
Department may:
| 8 |
| (1) order the discontinuance of such violation;
| 9 |
| (2) suspend or revoke a license or registration issued | 10 |
| by the
Department of Nuclear Safety or its successor | 11 |
| agency, the Illinois Emergency
Management Agency ;
| 12 |
| (3) impose a civil penalty, not to exceed $10,000 for | 13 |
| such
violation,
provided each day the violation continues | 14 |
| shall constitute a separate offense;
| 15 |
| (4) order the decontamination of any property or | 16 |
| structure which has
been contaminated as a result of such | 17 |
| violation;
| 18 |
| (5) restrict access to any property which has been | 19 |
| contaminated as a
result of such violation; or
| 20 |
| (6) impound, order the impounding of, or confiscate
| 21 |
| radiation sources possessed by operators or other persons | 22 |
| engaging in such
violation and order the owner of the | 23 |
| radiation sources to reimburse the
Agency
Department for | 24 |
| any costs incurred by the Department of Nuclear
Safety or | 25 |
| the Agency in conjunction with the
transfer, storage, | 26 |
| treatment or disposal of the radiation sources.
| 27 |
| The Agency
Department shall also have the authority to take | 28 |
| any of
the actions
specified in paragraphs (4), (5) or (6) of | 29 |
| this Section if a licensee
seeks to terminate a license issued | 30 |
| by the Department of Nuclear Safety
or its successor agency, | 31 |
| the Illinois Emergency Management Agency,
pursuant to this Act
| 32 |
| or to otherwise abandon a radiation installation.
| 33 |
| Any such actions by the Agency
Department shall be based on | 34 |
| standards
and
procedures established by rules of the Agency
| 35 |
| Department . Under such
rules, the
Agency
Department may provide | 36 |
| that all or a portion of the cost of such
actions be
assessed |
|
|
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| 1 |
| to operators of radiation installations or other persons
| 2 |
| responsible for the violation or contamination.
| 3 |
| The civil penalties and costs assessed under this Section | 4 |
| shall be
recoverable in an action brought in the name of the | 5 |
| people of the State of
Illinois by the Attorney General.
| 6 |
| In any order issued to an offending party under this | 7 |
| Section, the
Agency
Department shall include a summary of its | 8 |
| findings which give
evidence of
the violation. Any party | 9 |
| affected by an order of the Department of Nuclear
Safety or its | 10 |
| successor agency, the Illinois Emergency Management Agency,
| 11 |
| shall have
the right to a hearing before the Agency
Department ; | 12 |
| however, a written
request
for such a hearing shall be served | 13 |
| on the Agency
Department within 10
days of
notice of such | 14 |
| order. In the absence of receipt of a request for hearing
the | 15 |
| affected party shall be deemed to have waived his right to a | 16 |
| hearing.
| 17 |
| No order of the Agency
Department issued under this | 18 |
| Section, except
an
order issued pursuant to Section 38 herein, | 19 |
| shall take effect until the
Agency
Department shall find upon | 20 |
| conclusion of such hearing that a
condition
exists which | 21 |
| constitutes a violation of any provision of this Act or any
| 22 |
| code, rule or regulation promulgated under this Act except in | 23 |
| the event
that the right to public hearing is waived as | 24 |
| provided herein in which
case the order shall take effect | 25 |
| immediately.
| 26 |
| (Source: P.A. 91-340, eff. 7-29-99.)
| 27 |
| (420 ILCS 40/37) (from Ch. 111 1/2, par. 210-37)
| 28 |
| (Section scheduled to be repealed on January 1, 2011)
| 29 |
| Sec. 37. Administrative Review Law. The provisions of the | 30 |
| Administrative
Review Law, and the rules adopted pursuant | 31 |
| thereto, shall apply to and
govern all proceedings for judicial | 32 |
| review of final administrative
decisions of the Department of | 33 |
| Nuclear Safety or its successor agency, the
Illinois Emergency | 34 |
| Management Agency, hereunder. The term "administrative
| 35 |
| decision"
is defined as in Section 3-101 of the Code of Civil |
|
|
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| 1 |
| Procedure.
| 2 |
| (Source: P.A. 86-1341.)
| 3 |
| (420 ILCS 40/38) (from Ch. 111 1/2, par. 210-38)
| 4 |
| (Section scheduled to be repealed on January 1, 2011)
| 5 |
| Sec. 38. Authority of Agency
Department in cases | 6 |
| constituting an
immediate
threat to health.
| 7 |
| (a) Notwithstanding any other provision of this Act, | 8 |
| whenever the
Agency
Department finds that a condition exists | 9 |
| that constitutes an
immediate threat
to health, the Agency
| 10 |
| Department is authorized to do all of the
following:
| 11 |
| (1) Enter onto public or private property and take | 12 |
| possession of sources
of radiation that pose an immediate | 13 |
| threat to health.
| 14 |
| (2) Enter an order for abatement of a violation of any | 15 |
| provisions of this
Act or any code, rule, regulation, or | 16 |
| order promulgated under this Act that
requires immediate | 17 |
| action to protect the public health or welfare, which order
| 18 |
| shall recite the existence of the immediate threat and the | 19 |
| findings of the
Agency
Department pertaining to the threat. | 20 |
| The order shall direct a
response that the
Agency
| 21 |
| Department determines appropriate under the circumstances,
| 22 |
| including but not
limited to all of the following:
| 23 |
| (A) Discontinuance of the violation.
| 24 |
| (B) Decontamination of any property or structure | 25 |
| that has been
contaminated as a result of the | 26 |
| violation.
| 27 |
| (C) Restriction of access to property that has been | 28 |
| contaminated as a
result of the violation.
| 29 |
| (D) Impounding of radiation sources possessed by a | 30 |
| person engaging in
the violation.
| 31 |
| Such order shall be effective immediately but shall | 32 |
| include notice of
the time and place of a public hearing | 33 |
| before the Agency
Department to
be held
within 30 days of | 34 |
| the date of such order to assure the justification of
such | 35 |
| order. On the basis of such hearing the Agency
Department |
|
|
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| shall
continue such
order in effect, revoke it or modify | 2 |
| it. Any party affected by an order of
the Agency
Department | 3 |
| shall have the right to waive the public hearing
| 4 |
| proceedings.
| 5 |
| (3) Direct the Attorney General to obtain an injunction | 6 |
| against any
person responsible for causing or allowing the | 7 |
| continuance of the immediate
threat to health.
| 8 |
| (b) In responding to an immediate threat to health, as | 9 |
| defined in
subsection (a), the Agency
Department is authorized | 10 |
| to request the
assistance of
other units of government, | 11 |
| including agencies of the federal government, and
to assume | 12 |
| reasonable costs of other units of government as agreed by the
| 13 |
| Agency
Department . The Agency
Department is authorized to
| 14 |
| assess the costs of its response and the response of its | 15 |
| predecessor agency,
the Department of Nuclear Safety, against | 16 |
| the person or persons responsible
for the creation or | 17 |
| continuation of
the threat. The costs may include costs for | 18 |
| personnel, equipment,
transportation, special services, and
| 19 |
| treatment, storage, and disposal of sources of radiation, | 20 |
| including costs
incurred by the Agency or the Department and | 21 |
| costs incurred by other
units of government that
assist the | 22 |
| Agency or the Department. If the Agency
Department is
unable to
| 23 |
| determine who is
responsible for the creation or continuation | 24 |
| of the threat, the costs shall be
assessed against the owner of | 25 |
| the property and shall constitute a lien against
the property | 26 |
| until paid. Any person
assessed costs under this subsection | 27 |
| shall have the right to a hearing
before the Agency
Department | 28 |
| provided a written request for a hearing
is served on the
| 29 |
| Agency
Department within 10 days of notice of the assessment. | 30 |
| In the
absence of
receipt of a request for a hearing, the | 31 |
| affected party shall be deemed to have
waived the right to a | 32 |
| hearing.
| 33 |
| (Source: P.A. 89-143, eff. 7-14-95.)
| 34 |
| (420 ILCS 40/39) (from Ch. 111 1/2, par. 210-39)
| 35 |
| (Section scheduled to be repealed on January 1, 2011)
|
|
|
|
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| Sec. 39. Violations.
| 2 |
| (a) Any person who shall violate any of the provisions
of, | 3 |
| or who fails to perform any duty imposed by this Act, or who | 4 |
| violates
any determination or order of the Department of | 5 |
| Nuclear Safety or its
successor agency, the Illinois Emergency | 6 |
| Management Agency, promulgated
pursuant to this
Act, is guilty | 7 |
| of a Class A misdemeanor; provided each day during which
a | 8 |
| violation continues shall constitute a separate offense; and in | 9 |
| addition
thereto, such person may be enjoined from continuing | 10 |
| such violation as
hereinafter provided.
| 11 |
| (b) (1) A person who knowingly makes a false material | 12 |
| statement to a
Department of Nuclear Safety or Agency | 13 |
| employee during the course of
official Department or Agency | 14 |
| business or in an
application for accreditation, | 15 |
| certification, registration, or licensure under
this Act | 16 |
| is guilty of a Class A misdemeanor for a first offense and | 17 |
| is guilty
of a Class 4 felony for a second or subsequent | 18 |
| offense.
| 19 |
| (2) A person who knowingly alters a credential, | 20 |
| certificate,
registration, or license issued by the | 21 |
| Department of Nuclear Safety or its
successor
agency, the | 22 |
| Illinois Emergency Management Agency, for the purpose
of | 23 |
| evading a
requirement of this Act is guilty of a Class A | 24 |
| misdemeanor for a first offense
and is guilty of a Class 4 | 25 |
| felony for a second or subsequent offense.
| 26 |
| (c) The penalties provided herein shall be recoverable in | 27 |
| an action
brought
in the name of the People of the State of | 28 |
| Illinois by the Attorney General.
| 29 |
| (Source: P.A. 90-275, eff. 7-30-97.)
| 30 |
| (420 ILCS 40/40) (from Ch. 111 1/2, par. 210-40)
| 31 |
| (Section scheduled to be repealed on January 1, 2011)
| 32 |
| Sec. 40. Injunctive relief. It shall be the duty of the | 33 |
| Attorney General
upon the request of the Agency
Department to | 34 |
| bring an action for an
injunction
against any person violating | 35 |
| the provisions of this Act, or violating any
order or |
|
|
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| 1 |
| determination of the Department of Nuclear Safety or its | 2 |
| successor
agency, the Illinois Emergency Management Agency .
| 3 |
| (Source: P.A. 86-1341.)
| 4 |
| (420 ILCS 40/43) (from Ch. 111 1/2, par. 210-43)
| 5 |
| (Section scheduled to be repealed on January 1, 2011)
| 6 |
| Sec. 43. Reinstatement of existing licenses; Force and | 7 |
| effect of
existing rules.
| 8 |
| All licenses, accreditations, registrations, and | 9 |
| exemptions in effect on
the date of this Act becomes law and | 10 |
| issued pursuant to the Radiation
Protection Act, are reinstated | 11 |
| for the balance of the term for which last
issued. All rules in | 12 |
| effect on the date this Act becomes law and
promulgated | 13 |
| pursuant to the Radiation Protection Act, shall remain in full
| 14 |
| force and effect on the effective date of this Act without | 15 |
| being
promulgated again by the Department of Nuclear Safety , | 16 |
| except to the extent
any rule or
regulation is inconsistent | 17 |
| with any provision of this Act.
| 18 |
| (Source: P.A. 86-1341.)
| 19 |
| (420 ILCS 40/44) (from Ch. 111 1/2, par. 210-44)
| 20 |
| (Section scheduled to be repealed on January 1, 2011)
| 21 |
| Sec. 44. Protection of powers. The powers, duties and | 22 |
| functions vested
in the Agency
Department under the provisions | 23 |
| of this Act shall not be
construed
to affect in any manner the | 24 |
| powers, duties, and functions vested in the
Agency
Department | 25 |
| under any other provisions of law.
| 26 |
| (Source: P.A. 86-1341.)
| 27 |
| (420 ILCS 40/45)
| 28 |
| (Section scheduled to be repealed on January 1, 2011)
| 29 |
| Sec. 45. Subpoena power; confidentiality; witness fees; | 30 |
| enforcement;
punishment.
| 31 |
| (a) The Agency
Department , by its Assistant Director or a | 32 |
| person
designated by the Assistant Director,
may , at the | 33 |
| Assistant Director's instance or on the written request of
|
|
|
|
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| 1 |
| another party to an
administrative proceeding or investigation | 2 |
| administered under this Act or
under
any
other Act administered | 3 |
| by the Agency as the successor agency to the
Department of
| 4 |
| Nuclear Safety , subpoena witnesses to attend and give
testimony | 5 |
| before the hearing officer designated to preside over the | 6 |
| proceeding
or investigation and subpoena the production of | 7 |
| books, papers, or records that
the Assistant Director or a | 8 |
| person designated by the Assistant Director
deems relevant or | 9 |
| material
to any such administrative proceeding or | 10 |
| investigation.
| 11 |
| (b) Any patient records disclosed pursuant to a properly | 12 |
| issued
subpoena shall remain confidential and exempt from | 13 |
| inspection and copying under
the Freedom of Information Act and | 14 |
| protected from disclosure under the
provisions of Part 21 of | 15 |
| Article VIII of the Code of Civil Procedure, with the
exception | 16 |
| that such patient records shall be admissible in any | 17 |
| administrative
proceeding before the Agency
Department when | 18 |
| necessary to substantiate
violations of
this Act or any other | 19 |
| Act administered by the Agency as the successor agency
to the
| 20 |
| Department of Nuclear Safety and rules thereunder.
Prior to | 21 |
| admission of such records into evidence or their being made a | 22 |
| part of
any contested case file, all information indicating the | 23 |
| identity of the patient
shall be removed and deleted.
| 24 |
| (c) The fees of witnesses for attendance and travel shall | 25 |
| be the same as the
fees for witnesses before the circuit court | 26 |
| of this State. Those fees shall be
paid when the witness is | 27 |
| excused from further attendance. When a witness is
subpoenaed | 28 |
| at the instance of the Agency
Department , those fees shall
be | 29 |
| paid in the
same manner as other administrative expenses of the | 30 |
| Agency
Department .
When a
witness is subpoenaed at the instance | 31 |
| of a party to
a proceeding
other than the Agency
Department ,
| 32 |
| the Agency
Department may require that the cost of service of | 33 |
| the
subpoena or subpoena duces tecum and the fee of the witness | 34 |
| be borne by the
party at whose instance the witness is | 35 |
| summoned. In such a case, the
Agency
Department , in its | 36 |
| discretion, may require a deposit to cover
the cost of the
|
|
|
|
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| 1 |
| service and witness fees. A subpoena or subpoena duces tecum | 2 |
| issued under this
Section may be served in the same manner as a | 3 |
| subpoena issued out of a
circuit court or may be served by | 4 |
| United States registered or certified mail,
addressed to the | 5 |
| person concerned at the person's last known address, and proof
| 6 |
| of that mailing shall be sufficient for the purposes of this | 7 |
| Section.
| 8 |
| (d) Any person who, without lawful authority, fails to | 9 |
| appear in response
to a subpoena or to answer any question or | 10 |
| to produce any books, papers,
records, or any other documents | 11 |
| relevant or material to such administrative
proceeding
or | 12 |
| investigation is guilty of a Class A misdemeanor. Each | 13 |
| violation shall
constitute a separate and distinct offense. In | 14 |
| addition to initiating
criminal proceedings, the Agency
| 15 |
| Department , through the Attorney
General, may seek
enforcement | 16 |
| of any such subpoena by any circuit court of this State.
| 17 |
| (Source: P.A. 89-624, eff. 8-9-96.)
| 18 |
| (420 ILCS 40/49)
| 19 |
| (Section scheduled to be repealed on January 1, 2011)
| 20 |
| Sec. 49. Remediation of Ottawa radiation sites. In order to | 21 |
| accomplish
a cost-effective remediation that is protective of | 22 |
| the public health, the
Agency
Department shall have the | 23 |
| following powers regarding the sites
designated as
the Ottawa | 24 |
| radiation sites on the National Priorities List under the | 25 |
| federal
Comprehensive Environmental Response, Compensation and | 26 |
| Liability Act of 1980,
as amended:
| 27 |
| (1) to cooperate with and receive the assistance of | 28 |
| other State agencies
including, but not limited to, the | 29 |
| Illinois Attorney General, the Department of
Natural | 30 |
| Resources, the Department of Transportation, and the | 31 |
| Environmental
Protection Agency;
| 32 |
| (2) to enter into contracts; and
| 33 |
| (3) to accept by gift, donation, or bequest and to | 34 |
| purchase any interests
in lands, buildings, grounds, and | 35 |
| rights-of-way in, around, or adjacent to the
Ottawa |
|
|
|
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| 1 |
| radiation sites and, upon completion of remediation, to | 2 |
| transfer
property to the Department of Natural Resources.
| 3 |
| (Source: P.A. 92-387, eff. 8-16-01.)
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
|
|
|
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 420 ILCS 40/4 |
from Ch. 111 1/2, par. 210-4 |
| 4 |
| 420 ILCS 40/5 |
from Ch. 111 1/2, par. 210-5 |
| 5 |
| 420 ILCS 40/6 |
from Ch. 111 1/2, par. 210-6 |
| 6 |
| 420 ILCS 40/7 |
from Ch. 111 1/2, par. 210-7 |
| 7 |
| 420 ILCS 40/7a |
from Ch. 111 1/2, par. 210-7a |
| 8 |
| 420 ILCS 40/9 |
from Ch. 111 1/2, par. 210-9 |
| 9 |
| 420 ILCS 40/10 |
from Ch. 111 1/2, par. 210-10 |
| 10 |
| 420 ILCS 40/11 |
from Ch. 111 1/2, par. 210-11 |
| 11 |
| 420 ILCS 40/11.5 |
|
| 12 |
| 420 ILCS 40/12 |
from Ch. 111 1/2, par. 210-12 |
| 13 |
| 420 ILCS 40/13 |
from Ch. 111 1/2, par. 210-13 |
| 14 |
| 420 ILCS 40/14 |
from Ch. 111 1/2, par. 210-14 |
| 15 |
| 420 ILCS 40/15 |
from Ch. 111 1/2, par. 210-15 |
| 16 |
| 420 ILCS 40/16 |
from Ch. 111 1/2, par. 210-16 |
| 17 |
| 420 ILCS 40/17 |
from Ch. 111 1/2, par. 210-17 |
| 18 |
| 420 ILCS 40/18 |
from Ch. 111 1/2, par. 210-18 |
| 19 |
| 420 ILCS 40/19 |
from Ch. 111 1/2, par. 210-19 |
| 20 |
| 420 ILCS 40/20 |
from Ch. 111 1/2, par. 210-20 |
| 21 |
| 420 ILCS 40/21 |
from Ch. 111 1/2, par. 210-21 |
| 22 |
| 420 ILCS 40/22 |
from Ch. 111 1/2, par. 210-22 |
| 23 |
| 420 ILCS 40/23 |
from Ch. 111 1/2, par. 210-23 |
| 24 |
| 420 ILCS 40/24 |
from Ch. 111 1/2, par. 210-24 |
| 25 |
| 420 ILCS 40/24.5 |
|
| 26 |
| 420 ILCS 40/24.7 |
|
| 27 |
| 420 ILCS 40/25 |
from Ch. 111 1/2, par. 210-25 |
| 28 |
| 420 ILCS 40/25.1 |
|
| 29 |
| 420 ILCS 40/25.2 |
|
| 30 |
| 420 ILCS 40/26 |
from Ch. 111 1/2, par. 210-26 |
| 31 |
| 420 ILCS 40/27 |
from Ch. 111 1/2, par. 210-27 |
| 32 |
| 420 ILCS 40/28 |
from Ch. 111 1/2, par. 210-28 |
| 33 |
| 420 ILCS 40/29 |
from Ch. 111 1/2, par. 210-29 |
| 34 |
| 420 ILCS 40/30 |
from Ch. 111 1/2, par. 210-30 |
| 35 |
| 420 ILCS 40/31 |
from Ch. 111 1/2, par. 210-31 |
|
|
|
|
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|
| 1 |
| 420 ILCS 40/32 |
from Ch. 111 1/2, par. 210-32 |
| 2 |
| 420 ILCS 40/33 |
from Ch. 111 1/2, par. 210-33 |
| 3 |
| 420 ILCS 40/34 |
from Ch. 111 1/2, par. 210-34 |
| 4 |
| 420 ILCS 40/35 |
from Ch. 111 1/2, par. 210-35 |
| 5 |
| 420 ILCS 40/36 |
from Ch. 111 1/2, par. 210-36 |
| 6 |
| 420 ILCS 40/37 |
from Ch. 111 1/2, par. 210-37 |
| 7 |
| 420 ILCS 40/38 |
from Ch. 111 1/2, par. 210-38 |
| 8 |
| 420 ILCS 40/39 |
from Ch. 111 1/2, par. 210-39 |
| 9 |
| 420 ILCS 40/40 |
from Ch. 111 1/2, par. 210-40 |
| 10 |
| 420 ILCS 40/43 |
from Ch. 111 1/2, par. 210-43 |
| 11 |
| 420 ILCS 40/44 |
from Ch. 111 1/2, par. 210-44 |
| 12 |
| 420 ILCS 40/45 |
|
| 13 |
| 420 ILCS 40/49 |
|
| |
|