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90_HB1493eng
420 ILCS 30/2.1 from Ch. 111 1/2, par. 195.1
420 ILCS 30/3 from Ch. 111 1/2, par. 196
420 ILCS 40/7 from Ch. 111 1/2, par. 210-7
420 ILCS 40/25 from Ch. 111 1/2, par. 210-25
420 ILCS 40/35 from Ch. 111 1/2, par. 210-35
Amends the Radiation Installation Act and the Radiation
Protection Act to provide that the Department of Nuclear
Safety shall set by rule fees for registration under those
Acts. Further amends the Radiation Protection Act to revise
the Class A and Class C categories of radiation
installations. Provides for the transfer of moneys from the
Federal Facilities Compliance Fund to the Radiation
Protection Fund. Effective immediately.
LRB9002888DPks
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1 AN ACT concerning radiation protection and installation,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Radiation Installation Act is amended by
6 changing Sections 2.1 and 3 as follows:
7 (420 ILCS 30/2.1) (from Ch. 111 1/2, par. 195.1)
8 Sec. 2.1. Registration requirement. Every operator of a
9 radiation installation where radiation machines are possessed
10 shall register such machines with the Director of the
11 Department of Nuclear Safety. The registration shall be filed
12 annually on a form prescribed by the Department. Every
13 installation operator required to register under this Section
14 shall pay the Department an annual registration fee for each
15 of $10 per radiation machine possessed on January 1 of each
16 year. The Department shall by rule establish the annual
17 registration fee based on the type of facility and equipment
18 possessed by the registrant. The Department shall bill the
19 operator for the registration fee as soon as practical after
20 January 1. Registration fees shall be due and payable within
21 60 days of the date of billing. If after 60 days the
22 registration fee is not paid, the Department may issue an
23 order directing the operator of the installation to cease use
24 of the radiation machines for which the fee is outstanding or
25 take other appropriate enforcement action as provided in
26 Section 36 of the Radiation Protection Act of 1990. Any
27 order issued by the Department shall afford the operator a
28 right to a hearing before the Department; however, a written
29 request for hearing must be served on the Department within
30 10 days of notice of the order. If the operator fails to
31 file a timely request for hearing with the Department, the
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1 operator shall be deemed to have waived his right to a
2 hearing. Fees collected under this Section shall be
3 deposited in the Radiation Protection Fund and are not
4 refundable.
5 (Source: P.A. 89-199, eff. 7-21-95.)
6 (420 ILCS 30/3) (from Ch. 111 1/2, par. 196)
7 Sec. 3. Exceptions to registration. The registration
8 requirements of this Act shall not apply to the following
9 materials, machines or conditions:
10 (a) Natural radioactive materials of an equivalent
11 specific radioactivity not exceeding that of natural
12 potassium, except when such materials are produced, stored,
13 used, handled or disposed in such quantity or fashion that
14 any person might receive within a week a radiation dose
15 exceeding one-tenth the maximum permissible total weekly dose
16 for any critical organ exposed, as determined by the
17 standards established by the National Committee on Radiation
18 Protection.
19 (b) Radioactive material in such quantity that if the
20 entire amount were taken internally, continuously, or at one
21 time by a person, no harmful effect would be likely to
22 result. Listings of the upper limits of quantities of
23 radioactive materials which are exempt from registration are
24 given in the following table. These limits apply only for
25 radioactive material not contained in sealed sources:
26 Upper Upper Upper
27 Radio- Limit Radio- Limit Radio- Limit
28 active Micro- active Micro- active Micro-
29 Material curie Material curie Material curie
30 210 48 200
31 Pb 1 V 100 Tl 100
32 210 59 204
33 Po 1 Fe 100 Tl 100
34 211 65 203
35 At 1 An 100 Pb 100
36 226 72 234
37 Ra 1 Ga 100 Th 100
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1 227 76 3
2 Ac 1 As 100 H 1000
3 233 86 7
4 U 1 Rb 100 Be 1000
5 239 89 14
6 Pu 1 Sr 100 C 1000
7 241 91 24
8 Am 1 Y 100 Na 1000
9 242 95 35
10 Cm 1 Nb 100 S 1000
11 46 96 42
12 Sc 10 Tc 100 K 1000
13 60 105 51
14 Co 10 Rh 100 Cr 1000
15 90 109 55
16 Sr 10 Cd 100 Fe 1000
17 105 111 56
18 Ag 10 Ag 100 Mn 1000
19 106 113 59
20 Ru 10 Sn 100 Ni 1000
21 129 127 64
22 Te 10 Te 100 Cu 1000
23 131 140 71
24 I 10 Ba 100 Ge 1000
25 137 140 99
26 Cs 10 La 100 Mo 1000
27 144 143 103
28 Ce 10 Pr 100 Pd 1000
29 154 151 147
30 Eu 10 Sm 100 Pm 1000
31 181 166 190
32 W 10 Ho 100 Ir 1000
33 183 170 196
34 Re 10 Ta 100 Au 1000
35 192 177 201
36 Ir 10 Lu 100 Tl 1000
37 32 182 202
38 P 100 Tm 100 Tl 1000
39 36 191
40 Cl 100 Pt 100 Natural U 1000
41 45 193
42 Ca 100 Pt 100 Natural Th 1000
43 47 198
44 Sc 100 Au 100
45 48 199
46 Sc 100 Au 100
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1 (c) Radioactive materials in sealed sources in total
2 quantities not exceeding one millicurie for a given
3 installation.
4 (d) Timepieces, instruments, novelties or devices
5 containing self-luminous elements, except during the
6 manufacture of the self-luminous elements and the production
7 of said timepieces, instruments, novelties; and except when
8 the timepieces, instruments, novelties or devices are stored,
9 used, repaired, handled or disposed in such quantity or
10 fashion that any person might receive within a week a
11 radiation dose exceeding one-tenth the maximum permissible
12 total weekly dose for any critical organ exposed, as
13 determined by the standards established by the National
14 Committee on Radiation Protection.
15 (e) Electrical equipment that is primarily not intended
16 to produce radiation and which operates in such a manner that
17 no person may receive within a week a radiation dose
18 exceeding one-tenth the maximum permissible total weekly dose
19 for any critical organ exposed, as determined by the
20 standards established by the National Committee on Radiation
21 Protection. Provided, the production testing or production
22 servicing of all such electrical equipment shall not be
23 exempt from registration.
24 (f) Any radioactive material or radiation machine being
25 transported on vessels, aircraft, railroad cars or motor
26 vehicles in conformity with regulations adopted by any agency
27 having jurisdiction over safety during transportation.
28 (g) Radiation machines, radioactive materials and
29 radiation installations which the Department of Public Health
30 finds to be without radiation hazard, as determined by the
31 standards established by the National Committee on Radiation
32 Protection.
33 (Source: Laws 1957, p. 1169; revised 3-19-96.)
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1 Section 10. The Radiation Protection Act of 1990 is
2 amended by changing Sections 7, 25, and 35 as follows:
3 (420 ILCS 40/7) (from Ch. 111 1/2, par. 210-7)
4 Sec. 7. Administrators of radiation; application for
5 accreditation and renewal; fees; Fund. Applications for
6 accreditation and renewal shall be made upon forms prescribed
7 and furnished by the Department and shall be accompanied by
8 the required fees provided in this Section. Each such
9 application for accreditation or renewal shall be accompanied
10 by such proof of compliance with the applicable requirements
11 as the Department may by rule require. Accreditation shall
12 be renewed every 2 years, or for a lesser period as
13 established by rule for accreditation based upon conditions
14 of community hardship. The Department may deny an
15 application for accreditation or renewal, or may suspend or
16 revoke accreditation under standards and procedures
17 established by the Department.
18 The application fee for accreditation or renewal shall be
19 $30 until December 31, 1990. Beginning January 1, 1991, the
20 application fee for accreditation or renewal shall be $40.
21 Except as provided in Section 6, the Department shall not
22 impose an examination fee. The Department shall by rule
23 establish application fees for accreditation or renewal.
24 (Source: P.A. 86-1341.)
25 (420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25)
26 Sec. 25. Radiation inspection and testing; fees.
27 (a) The Department shall inspect and test radiation
28 installations and radiation sources, their immediate
29 surroundings and records concerning their operation to
30 determine whether or not any radiation resulting therefrom is
31 or may be detrimental to health. The inspection and testing
32 frequency of a radiation installation shall be based on the
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1 installation's class designation in accordance with
2 subsection (f).
3 Inspections of mammography installations shall also
4 include evaluation of the quality of mammography phantom
5 images produced by mammography equipment. The Department
6 shall promulgate rules establishing procedures and acceptance
7 standards for evaluating the quality of mammography phantom
8 images.
9 Beginning on the effective date of this amendatory Act of
10 1997 and until June 30, 2000, the fee for inspection and
11 testing shall be paid yearly at an annualized rate based on
12 the classifications and frequencies set forth in subsection
13 (f). The annualized fee for inspection and testing shall be
14 based on the rate of $55 per radiation machine for machines
15 located in dental offices and clinics and used solely for
16 dental diagnosis, located in veterinary offices and used
17 solely for diagnosis, or located in offices and clinics of
18 persons licensed under the Podiatric Medical Practice Act of
19 1987 and shall be based on the rate of $80 per radiation
20 machine for all other radiation machines. The Department may
21 adopt rules detailing the annualized rate structure.
22 Beginning July 1, 2000, the Department shall establish by
23 rule inspection fees based on the type of facility and
24 equipment possessed by the registrant. The fee for inspection
25 and testing shall be $55 per radiation machine for machines
26 located in dental offices and clinics and used solely for
27 dental diagnosis, in veterinary offices and used solely for
28 diagnosis, or in offices and clinics of persons licensed
29 under the Podiatric Medical Practice Act of 1987, and $80 per
30 radiation machine for all other radiation machines. The
31 Department shall bill the operator for the appropriate fee as
32 soon as practical after the machine has been inspected and
33 tested.
34 Fees assessed under this subsection shall be due and
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1 payable within 60 days of the date of billing. If after 60
2 days the fee for inspection and testing is not paid, the
3 Department may order the operator of the installation to
4 cease use of the machines for which the fee is outstanding or
5 take other appropriate enforcement action as provided in
6 Section 36 of this Act. Any order issued by the Department
7 shall afford the operator a right to a hearing before the
8 Department; however, a written request for hearing must be
9 served on the Department within 10 days of notice of the
10 order. If the operator fails to file a timely request for
11 hearing with the Department, the operator shall be deemed to
12 have waived the right to a hearing.
13 (b) In lieu of inspections by the Department, an
14 operator of a radiation installation may elect to utilize the
15 services of a nondepartment qualified inspector, as defined
16 in subsection (d), to inspect and test radiation machines
17 utilized therein. Inspection shall be personally performed
18 by the nondepartment qualified inspector and inspection and
19 testing results shall be documented on forms provided by the
20 Department. The nondepartment qualified inspector shall
21 certify on each radiation inspection report submitted to the
22 Department that the nondepartment qualified inspector
23 personally performed the inspection and that the inspection
24 was performed in accordance with the standards established by
25 the Department. Beginning on the effective date of this
26 amendatory Act of 1997 and until June 30, 2000, the fee for
27 inspection review as described in this subsection shall be
28 paid yearly at an annualized rate based on the
29 classifications and frequencies set forth in subsection (f).
30 The annualized inspection review fee shall be based on the
31 rate of $25 per radiation machine. The Department may adopt
32 rules detailing the annualized rate structure. On and after
33 July 1, 2000, the Department shall by rule establish the
34 inspection review fee. The Department shall bill the operator
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1 a $25 inspection review fee per radiation machine as soon as
2 practical after the Department receives the nondepartment
3 qualified inspector's radiation inspection report. This
4 inspection review fee shall not apply to inspections of
5 radiation machines used for mammography. Fees assessed under
6 this subsection are due and payable within 60 days of the
7 date of billing. If after 60 days the inspection review fee
8 is not paid, the Department may order the operator of the
9 installation to cease use of the machines for which a fee is
10 outstanding or take other appropriate enforcement action as
11 provided in Section 36 of this Act.
12 The inspection and testing frequency of a radiation
13 installation shall be based on the installation's class
14 designation and associated radiation hazards as determined by
15 the Department in accordance with subsection (f). For
16 purposes of this Section, "operator" means an individual,
17 group of individuals, partnership, firm, corporation, or
18 association conducting the business or activities carried on
19 within a radiation installation.
20 (c) Every operator of a radiation installation shall
21 file an application for initial inspection and testing in
22 accordance with subsection (a) or (b) of this Section no
23 later than 30 days after the initial installation of a
24 radiation machine. Radiation machines shall be inspected and
25 tested in accordance with subsection (a) and (b) and
26 radiation inspection reports shall be filed with the
27 Department within 6 months of the date of initial
28 installation. Thereafter, applications for inspection and
29 testing as well as the filing of radiation inspection reports
30 shall be made periodically in accordance with a schedule
31 promulgated by the Department.
32 (d) Each individual who conducts inspections as a
33 nondepartment qualified inspector pursuant to subsection (b)
34 above shall register with the Department as a nondepartment
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1 qualified inspector. Application for registration as a
2 nondepartment qualified inspector shall be made on a form
3 prescribed by the Department and shall be accompanied by the
4 appropriate application fee specified in subsection (e). The
5 Department shall approve the application and register an
6 individual as a nondepartment qualified inspector if the
7 individual satisfies the criteria established by the
8 Department. The Department shall establish such criteria by
9 regulation. The Department shall suspend or revoke the
10 registration of any nondepartment qualified inspector who
11 fails to pay the registration fee prescribed in subsection
12 (e), who fails to conduct inspections in accordance with the
13 standards established by the Department, or who intentionally
14 submits to the Department an inspection report that contains
15 false or misleading information.
16 (e) The Department shall assess all nondepartment
17 qualified inspectors an annual registration fee. The
18 Department shall establish by rule the annual registration
19 fee which shall be of $50, payable by on January 1 of each
20 year. The Department shall assess all individuals filing to
21 become a nondepartment inspector an application fee of $50
22 which will serve as a registration fee for the remainder of
23 the calendar year. The Department shall by rule establish
24 the application fee. Registration and application fees are
25 not refundable.
26 (f) For purposes of this Section, radiation
27 installations shall be defined as any location or facility
28 where radiation machines are used and shall be divided into 3
29 classes:
30 Class A - Class A shall include all radiation
31 machines located in dental offices and clinics and used
32 solely for dental diagnosis or located in veterinary
33 offices and used solely for diagnosis and all
34 installations using commercially manufactured cabinet
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1 radiographic/fluoroscopic radiation machines and electron
2 microscopes. Operators of Class A installations shall
3 have their radiation machines inspected and tested every
4 5 years in accordance with Departmental regulations and
5 radiation inspection reports shall be filed in accordance
6 with subsection (c). On and after January 1, 2000, the
7 inspection and testing frequency for radiation machines
8 shall be established by rule of the Department. Fees
9 shall be in accordance with subsection (a) or (b) of this
10 Section.
11 Class B - Class B shall include all radiation
12 machines, other than machines used for performing
13 mammography, located in offices or clinics of persons
14 licensed under the Medical Practice Act of 1987, or under
15 the Podiatric Medical Practice Act of 1987, and used
16 solely for diagnosis or therapy and all installations
17 using spectroscopy radiation machines, noncommercially
18 manufactured cabinet radiographic/fluoroscopic radiation
19 machines, portable radiographic/fluoroscopic units,
20 non-cabinet baggage/package fluoroscopic radiation
21 machines and electronic beam welders. Operators of Class
22 B installations shall have their radiation machines
23 inspected and tested every 2 years in accordance with
24 Departmental regulations and radiation inspection reports
25 shall be filed in accordance with subsection (c). On and
26 after January 1, 2000, the inspection and testing
27 frequency for radiation machines shall be established by
28 rule of the Department. Fees shall be in accordance with
29 subsection (a) or (b) of this Section.
30 Class C - Class C shall include all radiation
31 machines which are not classified as Class A or Class B.
32 Class C shall include but not be limited to radiation
33 machines located in hospitals and educational
34 institutions, all radiation machines used for performing
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1 mammography procedures, therapy, and all installations
2 using diffraction radiation machines, open radiography
3 radiation machines, closed radiographic/fluoroscopic
4 radiation machines and radiation machines used as gauges.
5 Test booths, bays, tubs, baths or rooms used by
6 manufacturing, assembly or repair facilities for testing
7 radiation machines shall be categorized as Class C
8 radiation installations. Operators of Class C
9 installations shall have their radiation machines
10 inspected and tested annually in accordance with
11 Departmental regulations and radiation inspection reports
12 shall be filed in accordance with subsection (c). On and
13 after January 1, 2000, the inspection and testing
14 frequency for radiation machines shall be established by
15 rule of the Department. Fees shall be in accordance with
16 subsection (a) or (b) of this Section.
17 (g) The Department is authorized to maintain a facility
18 for the purpose of calibrating radiation detection and
19 measurement instruments in accordance with national
20 standards. The Department may make calibration services
21 available to public or private entities within or outside of
22 Illinois and may assess a reasonable fee for such services.
23 (Source: P.A. 88-616, eff. 9-9-94; 89-199, eff. 7-21-95.)
24 (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
25 Sec. 35. Radiation Protection Fund; Federal Facilities
26 Compliance Fund.
27 (a) All moneys Except as otherwise provided in
28 subsection (b), all monies received by the Department under
29 this Act shall be deposited in the State Treasury and shall
30 be set apart in a special fund to be known as the "Radiation
31 Protection Fund". All monies within the Radiation Protection
32 Fund shall be invested by the State Treasurer in accordance
33 with established investment practices. Interest earned by
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1 such investment shall be returned to the Radiation Protection
2 Fund. Monies deposited in this fund shall be expended by the
3 Director pursuant to appropriation only to support the
4 activities of the Department under this Act.
5 (b) On the effective date of this amendatory Act of
6 1997, all moneys remaining in the Federal Facilities
7 Compliance Fund shall be transferred to the Radiation
8 Protection Fund. All moneys from the Federal Government or
9 other sources, public or private, received by the Department
10 for the purpose of carrying out a State role under the
11 Federal Facility Compliance Act of 1992 shall be set apart
12 and deposited into a special fund known as the "Federal
13 Facilities Compliance Fund" that is hereby created in the
14 State treasury. Subject to appropriation, the moneys in the
15 Fund shall be used for the purpose of carrying out a State
16 role under the Federal Facility Compliance Act of 1992.
17 (Source: P.A. 87-838; 88-616, eff. 9-9-94.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.