Illinois Compiled Statutes
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420 ILCS 40/4
(420 ILCS 40/4)
(from Ch. 111 1/2, par. 210-4)
(Section scheduled to be repealed on January 1, 2027)
As used in this Act:
(a) "Accreditation" means the process by which the Agency grants permission to persons meeting the requirements of
this Act and the Agency's rules and regulations to engage in the
practice of administering radiation to human beings.
(a-2) "Agency" means the Illinois Emergency Management Agency.
(a-3) "Assistant Director" means the Assistant Director of the Agency.
(a-5) "By-product material" means: (1) any radioactive material
(except special nuclear material) yielded in or made radioactive by exposure to
radiation incident to the process of producing or utilizing special nuclear
material; (2) the tailings or wastes produced by the extraction or
concentration of uranium or thorium from any ore processed primarily for
its source material content, including discrete surface wastes resulting
from underground solution extraction processes but not including
underground ore bodies depleted by such solution extraction processes; (3) any discrete source of radium-226 that is produced, extracted, or converted after extraction, before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; (4) any material that has been made radioactive by use of a particle accelerator and is produced, extracted, or converted after extraction before, on, or after August 8, 2005, for use for a commercial, medical, or research activity; and (5) any discrete source of naturally occurring radioactive material, other than source material, that is extracted or converted after extraction for use in commercial, medical, or research activity before, on, or after August 8, 2005, and which the U.S. Nuclear Regulatory Commission, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, and the head of any other appropriate Federal agency, determines would pose a threat to the public health and safety or the common defense and security similar to the threat posed by a discrete source or radium-226.
(d) "General license" means a license, pursuant to regulations
promulgated by the Agency, effective without the filing of
application to transfer, acquire, own, possess or use quantities of, or
devices or equipment utilizing, radioactive material, including but not
limited to by-product, source or special nuclear
(d-1) "Identical in substance" means the regulations promulgated by the Agency would require the same actions with respect to ionizing radiation, for the same group of affected persons, as would federal laws, regulations, or orders if any federal agency, including but not limited to the Nuclear Regulatory Commission, Food and Drug Administration, or Environmental Protection Agency, administered the subject program in Illinois.
(d-3) "Mammography" means radiography of the breast primarily for the
purpose of enabling a physician to determine the presence, size, location and
extent of cancerous or potentially cancerous tissue in the breast.
(d-7) "Operator" is an individual, group of individuals, partnership, firm,
corporation, association, or other entity conducting the business or activities
carried on within a radiation installation.
(e) "Person" means any individual, corporation, partnership,
firm, association, trust, estate, public or private institution, group,
agency, political subdivision of this State, any other State or
political subdivision or agency thereof, and any legal successor,
representative, agent, or agency of the foregoing, other than the United
States Nuclear Regulatory Commission, or any successor thereto, and other
than federal government agencies licensed by the United States Nuclear
Regulatory Commission, or any successor thereto. "Person" also includes a
federal entity (and its contractors) if the federal entity agrees to be
regulated by the State or as otherwise allowed under federal law.
(f) "Radiation" or "ionizing radiation" means gamma rays and x-rays,
alpha and beta particles, high speed electrons, neutrons, protons, and
other nuclear particles or electromagnetic radiations capable of producing
ions directly or indirectly in their passage through matter; but does not
include sound or radio waves or visible, infrared, or ultraviolet
(f-5) "Radiation emergency" means the uncontrolled
release of radioactive material from a radiation installation which poses
a potential threat to the public health, welfare, and safety.
(g) "Radiation installation" is any location or facility where
radiation machines are used or where radioactive material is produced,
transported, stored, disposed of, or used for any purpose.
(h) "Radiation machine" is any device that produces radiation when in
(i) "Radioactive material" means any solid, liquid, or gaseous
substance which emits radiation spontaneously.
(j) "Radiation source" or "source of ionizing radiation" means a
radiation machine or radioactive material as defined herein.
(k) "Source material" means (1) uranium, thorium, or any other
material which the Agency declares by order to be source
after the United States Nuclear Regulatory Commission, or any successor
thereto, has determined the material to be such; or (2) ores containing
one or more of the foregoing materials, in such concentration as the
Agency declares by order to be source material after the
States Nuclear Regulatory Commission, or any successor thereto, has
determined the material in such concentration to be source material.
(l) "Special nuclear material" means (1) plutonium, uranium
233, uranium enriched in the isotope 233 or in the isotope 235, and any
other material which the Agency declares by order to be
nuclear material after the United States Nuclear Regulatory Commission, or
any successor thereto, has determined the material to be such, but does
not include source material; or (2) any material artificially enriched
by any of the foregoing, but does not include source material.
(m) "Specific license" means a license, issued after
application, to use, manufacture, produce, transfer, receive, acquire,
own, or possess quantities of, or devices or equipment utilizing
(Source: P.A. 95-511, eff. 8-28-07; 95-777, eff. 8-4-08; 96-1041, eff. 7-14-10