Full Text of SB2593 94th General Assembly
SB2593 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2593
Introduced 1/20/2006, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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420 ILCS 40/36 |
from Ch. 111 1/2, par. 210-36 |
420 ILCS 40/38 |
from Ch. 111 1/2, par. 210-38 |
420 ILCS 40/39 |
from Ch. 111 1/2, par. 210-39 |
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Amends the Radiation Protection Act of 1990. Authorizes the Agency to refuse to issue, suspend, or revoke (now, may suspend or revoke) a license or registration upon a finding of violation of the Act or rules. Modifies certain enforcement provisions to provide that Agency action under those provisions does not preclude the Agency from pursuing other authorized enforcement actions. Effective immediately.
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A BILL FOR
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SB2593 |
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LRB094 14578 RSP 49521 b |
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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 36, 38, and 39 as follows: | 6 |
| (420 ILCS 40/36) (from Ch. 111 1/2, par. 210-36)
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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 36. Order for violation abatement and public hearing.
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| Whenever the Agency believes upon examination of records or | 10 |
| inspection and examination
of a
radiation installation or a | 11 |
| radiation source as constructed, operated or
maintained that | 12 |
| there has been a violation of any of the provisions of
this Act | 13 |
| or any rules or regulations promulgated under this Act,
the | 14 |
| Agency may:
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| (1) order the discontinuance of such violation;
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| (2) refuse to issue, suspend , or revoke a license or | 17 |
| registration issued by the
Department of Nuclear Safety or | 18 |
| its successor agency, the Illinois Emergency
Management | 19 |
| Agency;
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| (3) impose a civil penalty, not to exceed $10,000 for | 21 |
| such
violation,
provided each day the violation continues | 22 |
| shall constitute a separate offense;
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| (4) order the decontamination of any property or | 24 |
| structure which has
been contaminated as a result of such | 25 |
| violation;
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| (5) restrict access to any property which has been | 27 |
| contaminated as a
result of such violation; or
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| (6) impound, order the impounding of, or confiscate
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| radiation sources possessed by operators or other persons | 30 |
| engaging in such
violation and order the owner of the | 31 |
| radiation sources to reimburse the
Agency for any costs | 32 |
| incurred by the Department of Nuclear
Safety or the Agency |
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SB2593 |
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LRB094 14578 RSP 49521 b |
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| in conjunction with the
transfer, storage, treatment or | 2 |
| disposal of the radiation sources.
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| The Agency shall also have the authority to take any of
the | 4 |
| actions
specified in paragraphs (4), (5) or (6) of this Section | 5 |
| if a licensee
seeks to terminate a license issued by the | 6 |
| Department of Nuclear Safety
or its successor agency, the | 7 |
| Illinois Emergency Management Agency,
pursuant to this Act
or | 8 |
| to otherwise abandon a radiation installation.
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| Any such actions by the Agency shall be based on standards
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| and
procedures established by rules of the Agency. Under such
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| rules, the
Agency may provide that all or a portion of the cost | 12 |
| of such
actions be
assessed to operators of radiation | 13 |
| installations or other persons
responsible for the violation or | 14 |
| contamination.
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| The civil penalties and costs assessed under this Section | 16 |
| shall be
recoverable in an action brought in the name of the | 17 |
| people of the State of
Illinois by the Attorney General.
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| In any order issued to an offending party under this | 19 |
| Section, the
Agency shall include a summary of its findings | 20 |
| which give
evidence of
the violation. Any party affected by an | 21 |
| order of the Department of Nuclear
Safety or its successor | 22 |
| agency, the Illinois Emergency Management Agency,
shall have
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| the right to a hearing before the Agency; however, a written
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| request
for such a hearing shall be served on the Agency within | 25 |
| 10
days of
notice of such order. In the absence of receipt of a | 26 |
| request for hearing
the affected party shall be deemed to have | 27 |
| waived his right to a hearing.
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| No order of the Agency issued under this Section, except
an
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| order issued pursuant to Section 38 herein, shall take effect | 30 |
| until the
Agency shall find upon conclusion of such hearing | 31 |
| that a
condition
exists which constitutes a violation of any | 32 |
| provision of this Act or any
code, rule or regulation | 33 |
| promulgated under this Act except in the event
that the right | 34 |
| to public hearing is waived as provided herein in which
case | 35 |
| the order shall take effect immediately.
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| (Source: P.A. 94-104, eff. 7-1-05.)
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LRB094 14578 RSP 49521 b |
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| (420 ILCS 40/38) (from Ch. 111 1/2, par. 210-38)
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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 38. Authority of Agency in cases constituting an
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| immediate
threat to health.
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| (a) Notwithstanding any other provision of this Act, | 6 |
| whenever the
Agency finds that a condition exists that | 7 |
| constitutes an
immediate threat
to health, the Agency is | 8 |
| authorized to do all of the
following:
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| (1) Enter onto public or private property and take | 10 |
| possession of sources
of radiation that pose an immediate | 11 |
| threat to health.
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| (2) Enter an order for abatement of a violation of any | 13 |
| provisions of this
Act or any code, rule, regulation, or | 14 |
| order promulgated under this Act that
requires immediate | 15 |
| action to protect the public health or welfare, which order
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| shall recite the existence of the immediate threat and the | 17 |
| findings of the
Agency pertaining to the threat. The order | 18 |
| shall direct a
response that the
Agency determines | 19 |
| appropriate under the circumstances,
including but not
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| limited to all of the following:
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| (A) Discontinuance of the violation.
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| (B) Decontamination of any property or structure | 23 |
| that has been
contaminated as a result of the | 24 |
| violation.
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| (C) Restriction of access to property that has been | 26 |
| contaminated as a
result of the violation.
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| (D) Impounding of radiation sources possessed by a | 28 |
| person engaging in
the violation.
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| Such order shall be effective immediately but shall | 30 |
| include notice of
the time and place of a public hearing | 31 |
| before the Agency to
be held
within 30 days of the date of | 32 |
| such order to assure the justification of
such order. On | 33 |
| the basis of such hearing the Agency shall
continue such
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| order in effect, revoke it or modify it. Any party affected | 35 |
| by an order of
the Agency shall have the right to waive the |
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LRB094 14578 RSP 49521 b |
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| public hearing
proceedings.
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| (3) Direct the Attorney General to obtain an injunction | 3 |
| against any
person responsible for causing or allowing the | 4 |
| continuance of the immediate
threat to health.
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| (b) In responding to an immediate threat to health, as | 6 |
| defined in
subsection (a), the Agency is authorized to request | 7 |
| the
assistance of
other units of government, including agencies | 8 |
| of the federal government, and
to assume reasonable costs of | 9 |
| other units of government as agreed by the
Agency. The Agency | 10 |
| is authorized to
assess the costs of its response and the | 11 |
| response of its predecessor agency,
the Department of Nuclear | 12 |
| Safety, against the person or persons responsible
for the | 13 |
| creation or continuation of
the threat. The costs may include | 14 |
| costs for personnel, equipment,
transportation, special | 15 |
| services, and
treatment, storage, and disposal of sources of | 16 |
| radiation, including costs
incurred by the Agency or the | 17 |
| Department and costs incurred by other
units of government that
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| assist the Agency or the Department. If the Agency is
unable to
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| determine who is
responsible for the creation or continuation | 20 |
| of the threat, the costs shall be
assessed against the owner of | 21 |
| the property and shall constitute a lien against
the property | 22 |
| until paid. Any person
assessed costs under this subsection | 23 |
| shall have the right to a hearing
before the Agency provided a | 24 |
| written request for a hearing
is served on the
Agency within 10 | 25 |
| days of notice of the assessment. In the
absence of
receipt of | 26 |
| a request for a hearing, the affected party shall be deemed to | 27 |
| have
waived the right to a hearing.
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| (c) Nothing in this Section shall preclude the Agency from | 29 |
| taking appropriate enforcement action as specified in Section | 30 |
| 36 against an individual or facility.
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| (Source: P.A. 94-104, eff. 7-1-05.)
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| (420 ILCS 40/39) (from Ch. 111 1/2, par. 210-39)
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| (Section scheduled to be repealed on January 1, 2011)
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| Sec. 39. Violations.
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| (a) Any person who shall violate any of the provisions
of, |
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LRB094 14578 RSP 49521 b |
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| or who fails to perform any duty imposed by this Act, or who | 2 |
| violates
any determination or order of the Department of | 3 |
| Nuclear Safety or its
successor agency, the Illinois Emergency | 4 |
| Management Agency, promulgated
pursuant to this
Act, is guilty | 5 |
| of a Class A misdemeanor; provided each day during which
a | 6 |
| violation continues shall constitute a separate offense; and in | 7 |
| addition
thereto, such person may be enjoined from continuing | 8 |
| such violation as
hereinafter provided.
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| (b) (1) A person who knowingly makes a false material | 10 |
| statement to a
Department of Nuclear Safety or Agency | 11 |
| employee during the course of
official Department or Agency | 12 |
| business or in an
application for accreditation, | 13 |
| certification, registration, or licensure under
this Act | 14 |
| is guilty of a Class A misdemeanor for a first offense and | 15 |
| is guilty
of a Class 4 felony for a second or subsequent | 16 |
| offense.
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| (2) A person who knowingly alters a credential, | 18 |
| certificate,
registration, or license issued by the | 19 |
| Department of Nuclear Safety or its
successor
agency, the | 20 |
| Illinois Emergency Management Agency, for the purpose
of | 21 |
| evading a
requirement of this Act is guilty of a Class A | 22 |
| misdemeanor for a first offense
and is guilty of a Class 4 | 23 |
| felony for a second or subsequent offense.
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| (c) The criminal penalties provided herein shall be | 25 |
| recoverable in an action
brought
in the name of the People of | 26 |
| the State of Illinois by the Attorney General.
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| (d) No part of this Section precludes the Agency from | 28 |
| taking enforcement action against an individual or facility for | 29 |
| falsification of documents or making material false statements | 30 |
| to the Agency. The Agency may take any action specified in | 31 |
| Section 36 of this Act.
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| (Source: P.A. 94-104, eff. 7-1-05.)
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