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420 ILCS 40/10 (420 ILCS 40/10) (from Ch. 111 1/2, par. 210-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 10. Licensing of certain sources of ionizing radiation.
(1) The Agency 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 Agency is authorized to require registration of
other
sources of ionizing radiation.
(3) The Agency 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 Agency 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 Agency is authorized to enforce rules pertaining
to
labeling, handling, packaging, transferring and transporting radiation sources.
(5) The Agency is authorized to require licensees,
including those
conducting activities involving by-product material as defined in
subsection (a-5)(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 Agency'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-5)(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 Agency is authorized to promulgate rules
establishing
radiation exposure limits for given population groups, including
differential exposure limits based on age.
(7) The Agency 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 Agency
may deem
desirable, subject to such registration requirements as the Agency 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-5)(2) of Section 4, or of any activity
which results in
the production of such by-product material, the Agency 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 Agency of an
application for a new license for a fixed location facility or a license
amendment for a new location for a facility, the Agency
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. 94-104, eff. 7-1-05.)
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