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90_HB0989eng
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.
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1 AN ACT to amend the Radiation Protection Act of 1990 by
2 changing Section 10.
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 10 as follows:
7 (420 ILCS 40/10) (from Ch. 111 1/2, par. 210-10)
8 Sec. 10. Licensing of certain sources of ionizing
9 radiation.
10 (1) The Department shall provide by rule or regulation
11 for general or specific licensing of by-product materials,
12 source materials, special nuclear materials, or devices or
13 equipment utilizing or producing such materials. Such rule or
14 regulation shall provide for amendment, suspension, or
15 revocation of licenses.
16 (2) The Department is authorized to require registration
17 of other sources of ionizing radiation.
18 (3) The Department is authorized to exempt certain
19 sources of ionizing radiation or kinds of uses or users from
20 the licensing requirements set forth in this section when the
21 Department makes a finding that the exemption of such sources
22 of ionizing radiation or kinds of uses or users will not
23 constitute a significant risk to health and safety of the
24 public.
25 (4) The Department is authorized to enforce rules
26 pertaining to labeling, handling, packaging, transferring and
27 transporting radiation sources.
28 (5) The Department is authorized to require licensees,
29 including those conducting activities involving by-product
30 material as defined in subsection (a)(2) of Section 4 or
31 possessing such material, to provide adequate financial
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1 assurances such as surety bonds, cash deposits, certificates
2 of deposit, or deposits of government securities to protect
3 the State against costs in the event of site abandonment or
4 failure of a licensee to meet the Department's requirements,
5 as well as the costs of site reclamation and long-term site
6 monitoring and maintenance. In the event that custody of
7 by-product material as defined in subsection (a)(2) of
8 Section 4, and the site at which such material is disposed
9 of, is transferred to the Federal Government, any financial
10 assurances collected for reclamation and long-term monitoring
11 and maintenance for that site shall be transferred to the
12 Federal Government.
13 (6) The Department is authorized to promulgate rules
14 establishing radiation exposure limits for given population
15 groups, including differential exposure limits based on age.
16 (7) The Department is authorized to promulgate rules to
17 provide specific standards for what training or equivalent
18 experience it will require of a physician before approving a
19 specific license for human use of sealed radiation sources.
20 (8) Rules and regulations promulgated to implement this
21 Act may provide for recognition of other State or Federal
22 licenses as the Department may deem desirable, subject to
23 such registration requirements as the Department may
24 prescribe.
25 (9) This Section shall not be applicable to radiation
26 sources or materials regulated by the U.S. Nuclear Regulatory
27 Commission until an agreement or agreements have been entered
28 into pursuant to Section 11 of this Act.
29 (10) In the licensing and the regulation of by-product
30 material as defined in subsection (a)(2) of Section 4, or of
31 any activity which results in the production of such
32 by-product material, the Department shall provide by rule or
33 regulation, and shall require compliance with, standards for
34 the protection of the public health and safety and the
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1 environment which are equivalent to, to the extent
2 practicable, or more stringent than, standards adopted and
3 enforced by the U.S. Nuclear Regulatory Commission for the
4 same purpose, including requirements and standards
5 promulgated by the U.S. Environmental Protection Agency.
6 (11) Not later than 30 days after submission to the
7 Department of an application for a new license for a fixed
8 location facility or a license amendment for a new location
9 for a facility, the Department shall provide written notice
10 of the application to the municipality where the facility is
11 to be located. If the facility is to be located in an
12 unincorporated area, the notice shall be provided to the
13 county in which the facility is to be located and to each
14 municipality located within one and one-half miles of the
15 facility. As used in this subsection, "fixed location
16 facility" or "facility" means a parcel of land or a site,
17 including the structures, equipment, and improvements on or
18 appurtenant to the land or site, that is to be used by the
19 applicant for the utilization, manufacture, storage, or
20 distribution of licensed radioactive materials or devices or
21 equipment utilizing or producing licensed radioactive
22 materials, but shall not include a temporary job site.
23 (Source: P.A. 86-1341.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.