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90_HB0989ham001
LRB9004102DPcwam
1 AMENDMENT TO HOUSE BILL 989
2 AMENDMENT NO. . Amend House Bill 989 by replacing
3 the title with the following:
4 "AN ACT to amend the Radiation Protection Act of 1990 by
5 changing Section 10."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Radiation Protection Act of 1990 is
9 amended by changing Section 10 as follows:
10 (420 ILCS 40/10) (from Ch. 111 1/2, par. 210-10)
11 Sec. 10. Licensing of certain sources of ionizing
12 radiation.
13 (1) The Department shall provide by rule or regulation
14 for general or specific licensing of by-product materials,
15 source materials, special nuclear materials, or devices or
16 equipment utilizing or producing such materials. Such rule or
17 regulation shall provide for amendment, suspension, or
18 revocation of licenses.
19 (2) The Department is authorized to require registration
20 of other sources of ionizing radiation.
21 (3) The Department is authorized to exempt certain
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1 sources of ionizing radiation or kinds of uses or users from
2 the licensing requirements set forth in this section when the
3 Department makes a finding that the exemption of such sources
4 of ionizing radiation or kinds of uses or users will not
5 constitute a significant risk to health and safety of the
6 public.
7 (4) The Department is authorized to enforce rules
8 pertaining to labeling, handling, packaging, transferring and
9 transporting radiation sources.
10 (5) The Department is authorized to require licensees,
11 including those conducting activities involving by-product
12 material as defined in subsection (a)(2) of Section 4 or
13 possessing such material, to provide adequate financial
14 assurances such as surety bonds, cash deposits, certificates
15 of deposit, or deposits of government securities to protect
16 the State against costs in the event of site abandonment or
17 failure of a licensee to meet the Department's requirements,
18 as well as the costs of site reclamation and long-term site
19 monitoring and maintenance. In the event that custody of
20 by-product material as defined in subsection (a)(2) of
21 Section 4, and the site at which such material is disposed
22 of, is transferred to the Federal Government, any financial
23 assurances collected for reclamation and long-term monitoring
24 and maintenance for that site shall be transferred to the
25 Federal Government.
26 (6) The Department is authorized to promulgate rules
27 establishing radiation exposure limits for given population
28 groups, including differential exposure limits based on age.
29 (7) The Department is authorized to promulgate rules to
30 provide specific standards for what training or equivalent
31 experience it will require of a physician before approving a
32 specific license for human use of sealed radiation sources.
33 (8) Rules and regulations promulgated to implement this
34 Act may provide for recognition of other State or Federal
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1 licenses as the Department may deem desirable, subject to
2 such registration requirements as the Department may
3 prescribe.
4 (9) This Section shall not be applicable to radiation
5 sources or materials regulated by the U.S. Nuclear Regulatory
6 Commission until an agreement or agreements have been entered
7 into pursuant to Section 11 of this Act.
8 (10) In the licensing and the regulation of by-product
9 material as defined in subsection (a)(2) of Section 4, or of
10 any activity which results in the production of such
11 by-product material, the Department shall provide by rule or
12 regulation, and shall require compliance with, standards for
13 the protection of the public health and safety and the
14 environment which are equivalent to, to the extent
15 practicable, or more stringent than, standards adopted and
16 enforced by the U.S. Nuclear Regulatory Commission for the
17 same purpose, including requirements and standards
18 promulgated by the U.S. Environmental Protection Agency.
19 (11) Not later than 30 days after submission to the
20 Department of an application for a new license for a fixed
21 location facility or a license amendment for a new location
22 for a facility, the Department shall provide written notice
23 of the application to the municipality where the facility is
24 to be located. If the facility is to be located in an
25 unincorporated area, the notice shall be provided to the
26 county in which the facility is to be located and to each
27 municipality located within one and one-half miles of the
28 facility. As used in this subsection, "fixed location
29 facility" or "facility" means a parcel of land or a site,
30 including the structures, equipment, and improvements on or
31 appurtenant to the land or site, that is to be used by the
32 applicant for the utilization, manufacture, storage, or
33 distribution of licensed radioactive materials or devices or
34 equipment utilizing or producing licensed radioactive
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1 materials, but shall not include a temporary job site.
2 (Source: P.A. 86-1341.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".