Full Text of SB1483 94th General Assembly
SB1483enr 94TH GENERAL ASSEMBLY
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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| (Section scheduled to be repealed on January 1, 2011)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
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| 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.
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| (Source: P.A. 87-604; 87-1166.)
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| (420 ILCS 40/9) (from Ch. 111 1/2, par. 210-9)
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| (Section scheduled to be repealed on January 1, 2011)
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| 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)
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| 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)
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| (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.
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| (4) The Agency
Department is authorized to enforce rules | 15 |
| pertaining
to
labeling, handling, packaging, transferring and | 16 |
| transporting radiation sources.
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| (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.
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| (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.
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| (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, |
|
|
|
SB1483 Enrolled |
- 13 - |
LRB094 04311 RSP 34338 b |
|
| 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 |
|
|
|
SB1483 Enrolled |
- 14 - |
LRB094 04311 RSP 34338 b |
|
| 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 |
|
|
|
SB1483 Enrolled |
- 15 - |
LRB094 04311 RSP 34338 b |
|
| 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 |
|
|
|
SB1483 Enrolled |
- 16 - |
LRB094 04311 RSP 34338 b |
|
| 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, |
|
|
|
SB1483 Enrolled |
- 17 - |
LRB094 04311 RSP 34338 b |
|
| 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 |
|
|
|
SB1483 Enrolled |
- 18 - |
LRB094 04311 RSP 34338 b |
|
| 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 Enrolled |
- 19 - |
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 |
|
|
|
SB1483 Enrolled |
- 20 - |
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.
|
|
|
|
SB1483 Enrolled |
- 21 - |
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 Enrolled |
- 22 - |
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 Enrolled |
- 23 - |
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)
|
|
|
|
SB1483 Enrolled |
- 24 - |
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 |
|
|
|
SB1483 Enrolled |
- 25 - |
LRB094 04311 RSP 34338 b |
|
| 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. |
|
|
|
SB1483 Enrolled |
- 26 - |
LRB094 04311 RSP 34338 b |
|
| 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). |
|
|
|
SB1483 Enrolled |
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LRB094 04311 RSP 34338 b |
|
| 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 |
|
|
|
SB1483 Enrolled |
- 28 - |
LRB094 04311 RSP 34338 b |
|
| 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 .
|
|
|
|
SB1483 Enrolled |
- 29 - |
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)
|
|
|
|
SB1483 Enrolled |
- 30 - |
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 |
|
|
|
SB1483 Enrolled |
- 31 - |
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 |
|
|
|
SB1483 Enrolled |
- 32 - |
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)
|
|
|
|
SB1483 Enrolled |
- 33 - |
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 |
|
|
|
SB1483 Enrolled |
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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)
|
|
|
|
SB1483 Enrolled |
- 35 - |
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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| 1 |
| 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 |
|
| |
|