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90_HB0989
420 ILCS 40/12 from Ch. 111 1/2, par. 210-12
Amends the Radiation Protection Act of 1990 to require an
applicant for a radioactive material license to provide
notice of the application to counties and municipalities
located within 5 miles of the applicant's facility. Provides
that the Department of Nuclear Safety shall, before issuing a
license, afford representatives of counties and
municipalities located within 5 miles of an applicant's
facility a public hearing concerning the potential impacts of
an applicant's facility on the health, safety, and welfare of
the residents of the county or municipality. Allows the
Department to raise application fees to cover the costs of
conducting the hearings. Effective immediately.
LRB9004102DPcc
LRB9004102DPcc
1 AN ACT to amend the Radiation Protection Act of 1990 by
2 changing Section 12.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Radiation Protection Act of 1990 is
6 amended by changing Section 12 as follows:
7 (420 ILCS 40/12) (from Ch. 111 1/2, par. 210-12)
8 Sec. 12. State licensure of the use, manufacture or
9 distribution of radioactive materials or devices or equipment
10 utilizing or producing such materials not regulated by the
11 United States Nuclear Regulatory Commission.
12 (a) Except as otherwise provided in this Act, no person
13 shall utilize, manufacture, or distribute radioactive
14 materials or devices or equipment utilizing or producing such
15 materials in this State with the exception of those materials
16 or devices regulated by the Nuclear Regulatory Commission,
17 without first securing a license. After public hearing, the
18 Department shall adopt rules and regulations for:
19 (1) The issuance of licenses;
20 (2) The utilization, manufacture and distribution
21 of such radioactive materials or devices or equipment
22 utilizing or producing such materials; and
23 (3) The amendment, suspension or revocation of
24 licenses.
25 (b) (1) As used in this subsection, "facility" means a
26 parcel of land or a site, including the structures,
27 equipment, and improvements on or appurtenant to the land
28 or site, that is used or to be used by the applicant for
29 the utilization, manufacture, or distribution of
30 radioactive materials or devices or equipment utilizing
31 or producing radioactive materials.
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1 (2) An applicant for a radioactive material license
2 under this Section shall, within 10 days of making
3 application to the Department, provide notice of the
4 application to the county boards of all counties, and to
5 the governing authorities of all municipalities, located
6 within 5 miles of the applicant's facility. Each notice
7 shall include a copy of the application for licensure.
8 Within 20 days after receipt of a copy of an application,
9 a county board of a county or governing body of a
10 municipality located within 5 miles of an applicant's
11 facility, or its representative, may request a public
12 hearing to be held by the Department concerning the
13 potential impacts of the applicant's facility on the
14 health, safety, and welfare of the residents of the
15 county or municipality. The Department may conduct a
16 single hearing to satisfy multiple requests concerning a
17 single applicant. The persons requesting a hearing may
18 produce witnesses and documentary evidence at the
19 hearing.
20 (3) The Department shall not issue a radioactive
21 material license to an applicant under this Section until
22 the Department has afforded representatives of the
23 counties and municipalities located within 5 miles of the
24 applicant's facility an opportunity to be heard in
25 accordance with subdivision (2) of this subsection. In
26 making a decision on the issuance of a license, the
27 Department shall consider all testimony and other
28 evidence presented at a hearing requested under this
29 subsection.
30 (c) The Department may, by rule and regulation, exempt
31 certain sources of radiation or kinds of radiation or users
32 from the licensure and fee requirements of this Section when
33 the Department makes a finding that such exemption will not
34 constitute a significant risk to the health and safety of the
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1 public. Federal agencies are exempt from the licensure and
2 fee requirements of this Section. State, county, and
3 municipal governmental agencies and educational institutions
4 shall be subject to licensure, but are exempt from fee
5 requirements of this Section.
6 (d) Applications for licenses shall be made upon forms
7 prescribed and furnished by the Department and shall be
8 accompanied by the fees provided herein. Licenses shall
9 expire according to a schedule determined by the Department.
10 Applications for subsequent licenses shall be made 30 days
11 prior to expiration date.
12 (e) The application fee for the use of such radioactive
13 materials shall be at a rate of $50 per year for the number
14 of years for which the license will be issued. The total fee
15 shall be paid at the time the application is made. The
16 application fee for manufacturers or distributors of such
17 radioactive materials or devices or equipment utilizing or
18 producing such materials shall be at a rate of $100 per year
19 for the number of years for which the license will be issued.
20 The total fee shall be paid at the time the application is
21 made. At such time Illinois enters into a Federal-State
22 Agreement, all application and license fees shall be
23 determined in accordance with Section 11 of this Act. The
24 Department may increase the application fees to cover the
25 reasonable costs to the Department of conducting hearings
26 under subsection (b).
27 Each application fee shall be paid to the Department by
28 separate check or United States money order in amount of the
29 application fee only and any application fee or any part
30 thereof, once paid shall not be refunded, in the event an
31 application for a license is rejected. Should a licensee
32 terminate his license voluntarily prior to the expiration
33 date, a prorated refund will be issued by the State of
34 Illinois for those full years in which the license will not
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1 be in effect.
2 (f) This Section shall not apply to any x-ray machine
3 including those located in an office of a licensed physician
4 or dentist.
5 (Source: P.A. 86-1341.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.