State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


92_HB3014enr

 
HB3014 Enrolled                               LRB9203727LBgcB

 1        AN ACT concerning radioactive materials.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  3.  The  Radiation  Protection  Act  of  1990 is
 5    amended by changing Section 3 and by  adding  Section  49  as
 6    follows:

 7        (420 ILCS 40/3) (from Ch. 111 1/2, par. 210-3)
 8        (Section scheduled to be repealed on January 1, 2011)
 9        Sec.  3.   Purpose.  It  is  the  purpose  of this Act to
10    effectuate the policies set forth in Section 2  by  providing
11    for:
12        (1)  a  program  of  effective  regulation  of  radiation
13    sources  for  the  protection  of  human  health, welfare and
14    safety;
15        (2)  a program to promote an orderly  regulatory  pattern
16    within  the  State,  among the States and between the Federal
17    Government and the  State  and  facilitate  intergovernmental
18    cooperation  with respect to use and regulation of sources of
19    ionizing radiation to the end that duplication of  regulation
20    may be minimized;
21        (3)  a program to establish procedures for assumption and
22    performance   of  certain  regulatory  responsibilities  with
23    respect to by-product, source and special nuclear  materials;
24    and
25        (4)  a  program  to permit maximum utilization of sources
26    of ionizing radiation consistent with the health  and  safety
27    of the public; and.
28        (5)  a  cost-effective  remediation that is protective of
29    the public health of  the  sites  designated  as  the  Ottawa
30    radiation  sites  on  the  National Priorities List under the
31    federal Comprehensive  Environmental  Response,  Compensation
 
HB3014 Enrolled            -2-                LRB9203727LBgcB
 1    and Liability Act of 1980, as amended.
 2    (Source: P.A. 86-1341.)

 3        (420 ILCS 40/49 new)
 4        Sec.  49.  Remediation  of  Ottawa  radiation  sites.  In
 5    order to accomplish  a  cost-effective  remediation  that  is
 6    protective  of  the  public health, the Department shall have
 7    the following powers regarding the sites  designated  as  the
 8    Ottawa  radiation sites on the National Priorities List under
 9    the    federal    Comprehensive    Environmental    Response,
10    Compensation and Liability Act of 1980, as amended:
11             (1)  to cooperate with and receive the assistance of
12        other State agencies including, but not limited  to,  the
13        Illinois  Attorney  General,  the  Department  of Natural
14        Resources, the  Department  of  Transportation,  and  the
15        Environmental Protection Agency;
16             (2)  to enter into contracts; and
17             (3)  to  accept by gift, donation, or bequest and to
18        purchase any interests in lands, buildings, grounds,  and
19        rights-of-way  in,  around,  or  adjacent  to  the Ottawa
20        radiation sites and, upon completion of  remediation,  to
21        transfer property to the Department of Natural Resources.

22        Section  5.  The  Radon Industry Licensing Act is amended
23    by changing Sections 20 and 35 as follows:

24        (420 ILCS 44/20)
25        Sec. 20. General powers.
26        (a)  The Department may undertake projects  to  determine
27    whether  and  to  what  extent  radon  and  radon progeny are
28    present in dwellings and other  buildings,  to  determine  to
29    what  extent  their  presence  constitutes  a  risk to public
30    health, and to  determine  what  measures  are  effective  in
31    reducing and preventing the risk to public health.
 
HB3014 Enrolled            -3-                LRB9203727LBgcB
 1        (b)  In  addition to other powers granted under this Act,
 2    the Department is authorized to:
 3             (1)  Establish a  program  for  measuring  radon  or
 4        radon progeny in dwellings and other buildings.
 5             (2)  Conduct surveys and studies in cooperation with
 6        the Department of Natural Resources and the Department of
 7        Public   Health   to   determine   the  distribution  and
 8        concentration of radon or radon progeny in dwellings  and
 9        other  buildings  and  the  associated health risk and to
10        evaluate measures that may be used to mitigate a  present
11        or potential health risk.
12             (3)  Enter  into  dwellings and other buildings with
13        the consent  of  the  owner  or  occupant  to  engage  in
14        monitoring  activities  or  to  conduct  remedial  action
15        studies or programs.
16             (4)  Enter  into  contracts  for projects undertaken
17        pursuant to subsection (a).
18             (5)  Enter into agreements with  other  departments,
19        agencies, and subdivisions of the federal government, the
20        State,  and  units  of local government to implement this
21        Act.
22             (6)  Establish training and educational programs.
23             (7)  Apply for, accept,  and  use  grants  or  other
24        financial assistance and accept and use gifts of money or
25        property to implement this Act.
26             (8)  Provide  technical assistance to persons and to
27        other    State    departments,    agencies,     political
28        subdivisions,  units  of  local  government,  and  school
29        districts.
30             (9)  Prescribe forms for application for licensure.
31             (10)  Establish   the   minimum  qualifications  for
32        licensure, including  requirements  for  examinations  or
33        performance  testing, and issue licenses to persons found
34        to be qualified.
 
HB3014 Enrolled            -4-                LRB9203727LBgcB
 1             (10.5)  Investigate any unlicensed activity.
 2             (11)  Conduct hearings  or  proceedings  to  revoke,
 3        suspend, or refuse to issue or renew a license, or assess
 4        civil penalties.
 5             (12)  Adopt   rules   for   the  administration  and
 6        enforcement of this Act.
 7             (13)  Establish  by   rule   the   application   and
 8        inspection fees for the licensing program.
 9    (Source: P.A. 90-262, eff. 7-30-97.)

10        (420 ILCS 44/35)
11        Sec. 35. Penalties.
12        (a)  A person required to be licensed under Section 25 of
13    this  Act  who  sells  a device or performs a service without
14    being properly licensed under this Act shall, in addition  to
15    any other penalty provided by law, pay a civil penalty to the
16    Department  in  an  amount  not  to  exceed  $5,000, for each
17    offense,  as  determined  by  the  Department.   Any   person
18    assessed a civil penalty under this Section shall be afforded
19    an  opportunity  for  hearing  in  accordance with Department
20    regulations prior to final action  by  the  Department.   The
21    civil  penalty  must  be  paid within 30 days after the order
22    becomes a final and binding administrative determination.
23        (b)  A person who violates a provision of this Act  shall
24    be  guilty  of a business offense and shall be fined not less
25    than $500 nor more than $1,000  for  the  first  offense  and
26    shall  be  guilty  of  a Class A misdemeanor for a subsequent
27    offense. Each day that a violation  continues  constitutes  a
28    separate  offense.  A  licensed radon contractor found guilty
29    of a violation of a provision of this Act shall automatically
30    have his or her license terminated by the Department.
31    (Source: P.A. 90-262, eff. 7-30-97.)

32        Section 99.  Effective date.  This Act takes effect  upon
 
HB3014 Enrolled            -5-                LRB9203727LBgcB
 1    becoming law.

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