Public Act 90-0359 of the 90th General Assembly
Public Act 90-0359
HB0989 Enrolled LRB9004102DPcc
AN ACT to amend the Radiation Protection Act of 1990 by
changing Section 10.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Radiation Protection Act of 1990 is
amended by changing Section 10 as follows:
(420 ILCS 40/10) (from Ch. 111 1/2, par. 210-10)
Sec. 10. Licensing of certain sources of ionizing
radiation.
(1) The Department shall provide by rule or regulation
for general or specific licensing of by-product materials,
source materials, special nuclear materials, or devices or
equipment utilizing or producing such materials. Such rule or
regulation shall provide for amendment, suspension, or
revocation of licenses.
(2) The Department is authorized to require registration
of other sources of ionizing radiation.
(3) The Department is authorized to exempt certain
sources of ionizing radiation or kinds of uses or users from
the licensing requirements set forth in this section when the
Department makes a finding that the exemption of such sources
of ionizing radiation or kinds of uses or users will not
constitute a significant risk to health and safety of the
public.
(4) The Department is authorized to enforce rules
pertaining to labeling, handling, packaging, transferring and
transporting radiation sources.
(5) The Department is authorized to require licensees,
including those conducting activities involving by-product
material as defined in subsection (a)(2) of Section 4 or
possessing such material, to provide adequate financial
assurances such as surety bonds, cash deposits, certificates
of deposit, or deposits of government securities to protect
the State against costs in the event of site abandonment or
failure of a licensee to meet the Department's requirements,
as well as the costs of site reclamation and long-term site
monitoring and maintenance. In the event that custody of
by-product material as defined in subsection (a)(2) of
Section 4, and the site at which such material is disposed
of, is transferred to the Federal Government, any financial
assurances collected for reclamation and long-term monitoring
and maintenance for that site shall be transferred to the
Federal Government.
(6) The Department is authorized to promulgate rules
establishing radiation exposure limits for given population
groups, including differential exposure limits based on age.
(7) The Department is authorized to promulgate rules to
provide specific standards for what training or equivalent
experience it will require of a physician before approving a
specific license for human use of sealed radiation sources.
(8) Rules and regulations promulgated to implement this
Act may provide for recognition of other State or Federal
licenses as the Department may deem desirable, subject to
such registration requirements as the Department may
prescribe.
(9) This Section shall not be applicable to radiation
sources or materials regulated by the U.S. Nuclear Regulatory
Commission until an agreement or agreements have been entered
into pursuant to Section 11 of this Act.
(10) In the licensing and the regulation of by-product
material as defined in subsection (a)(2) of Section 4, or of
any activity which results in the production of such
by-product material, the Department shall provide by rule or
regulation, and shall require compliance with, standards for
the protection of the public health and safety and the
environment which are equivalent to, to the extent
practicable, or more stringent than, standards adopted and
enforced by the U.S. Nuclear Regulatory Commission for the
same purpose, including requirements and standards
promulgated by the U.S. Environmental Protection Agency.
(11) Not later than 30 days after submission to the
Department of an application for a new license for a fixed
location facility or a license amendment for a new location
for a facility, the Department shall provide written notice
of the application to the municipality where the facility is
to be located. If the facility is to be located in an
unincorporated area, the notice shall be provided to the
county in which the facility is to be located and to each
municipality located within one and one-half miles of the
facility. As used in this subsection, "fixed location
facility" or "facility" means a parcel of land or a site,
including the structures, equipment, and improvements on or
appurtenant to the land or site, that is to be used by the
applicant for the utilization, manufacture, storage, or
distribution of licensed radioactive materials or devices or
equipment utilizing or producing licensed radioactive
materials, but shall not include a temporary job site.
(Source: P.A. 86-1341.)
Section 99. Effective date. This Act takes effect upon
becoming law.