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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB3014enr HB3014 Enrolled LRB9203727LBgcB 1 AN ACT concerning radioactive materials. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 3. The Radiation Protection Act of 1990 is 5 amended by changing Section 3 and by adding Section 49 as 6 follows: 7 (420 ILCS 40/3) (from Ch. 111 1/2, par. 210-3) 8 (Section scheduled to be repealed on January 1, 2011) 9 Sec. 3. Purpose. It is the purpose of this Act to 10 effectuate the policies set forth in Section 2 by providing 11 for: 12 (1) a program of effective regulation of radiation 13 sources for the protection of human health, welfare and 14 safety; 15 (2) a program to promote an orderly regulatory pattern 16 within the State, among the States and between the Federal 17 Government and the State and facilitate intergovernmental 18 cooperation with respect to use and regulation of sources of 19 ionizing radiation to the end that duplication of regulation 20 may be minimized; 21 (3) a program to establish procedures for assumption and 22 performance of certain regulatory responsibilities with 23 respect to by-product, source and special nuclear materials; 24and25 (4) a program to permit maximum utilization of sources 26 of ionizing radiation consistent with the health and safety 27 of the public; and.28 (5) a cost-effective remediation that is protective of 29 the public health of the sites designated as the Ottawa 30 radiation sites on the National Priorities List under the 31 federal Comprehensive Environmental Response, Compensation HB3014 Enrolled -2- LRB9203727LBgcB 1 and Liability Act of 1980, as amended. 2 (Source: P.A. 86-1341.) 3 (420 ILCS 40/49 new) 4 Sec. 49. Remediation of Ottawa radiation sites. In 5 order to accomplish a cost-effective remediation that is 6 protective of the public health, the Department shall have 7 the following powers regarding the sites designated as the 8 Ottawa radiation sites on the National Priorities List under 9 the federal Comprehensive Environmental Response, 10 Compensation and Liability Act of 1980, as amended: 11 (1) to cooperate with and receive the assistance of 12 other State agencies including, but not limited to, the 13 Illinois Attorney General, the Department of Natural 14 Resources, the Department of Transportation, and the 15 Environmental Protection Agency; 16 (2) to enter into contracts; and 17 (3) to accept by gift, donation, or bequest and to 18 purchase any interests in lands, buildings, grounds, and 19 rights-of-way in, around, or adjacent to the Ottawa 20 radiation sites and, upon completion of remediation, to 21 transfer property to the Department of Natural Resources. 22 Section 5. The Radon Industry Licensing Act is amended 23 by changing Sections 20 and 35 as follows: 24 (420 ILCS 44/20) 25 Sec. 20. General powers. 26 (a) The Department may undertake projects to determine 27 whether and to what extent radon and radon progeny are 28 present in dwellings and other buildings, to determine to 29 what extent their presence constitutes a risk to public 30 health, and to determine what measures are effective in 31 reducing and preventing the risk to public health. HB3014 Enrolled -3- LRB9203727LBgcB 1 (b) In addition to other powers granted under this Act, 2 the Department is authorized to: 3 (1) Establish a program for measuring radon or 4 radon progeny in dwellings and other buildings. 5 (2) Conduct surveys and studies in cooperation with 6 the Department of Natural Resources and the Department of 7 Public Health to determine the distribution and 8 concentration of radon or radon progeny in dwellings and 9 other buildings and the associated health risk and to 10 evaluate measures that may be used to mitigate a present 11 or potential health risk. 12 (3) Enter into dwellings and other buildings with 13 the consent of the owner or occupant to engage in 14 monitoring activities or to conduct remedial action 15 studies or programs. 16 (4) Enter into contracts for projects undertaken 17 pursuant to subsection (a). 18 (5) Enter into agreements with other departments, 19 agencies, and subdivisions of the federal government, the 20 State, and units of local government to implement this 21 Act. 22 (6) Establish training and educational programs. 23 (7) Apply for, accept, and use grants or other 24 financial assistance and accept and use gifts of money or 25 property to implement this Act. 26 (8) Provide technical assistance to persons and to 27 other State departments, agencies, political 28 subdivisions, units of local government, and school 29 districts. 30 (9) Prescribe forms for application for licensure. 31 (10) Establish the minimum qualifications for 32 licensure, including requirements for examinations or 33 performance testing, and issue licenses to persons found 34 to be qualified. HB3014 Enrolled -4- LRB9203727LBgcB 1 (10.5) Investigate any unlicensed activity. 2 (11) Conduct hearings or proceedings to revoke, 3 suspend, or refuse to issue or renew a license, or assess 4 civil penalties. 5 (12) Adopt rules for the administration and 6 enforcement of this Act. 7 (13) Establish by rule the application and 8 inspection fees for the licensing program. 9 (Source: P.A. 90-262, eff. 7-30-97.) 10 (420 ILCS 44/35) 11 Sec. 35. Penalties. 12 (a) A person required to be licensed under Section 25 of 13 this Act who sells a device or performs a service without 14 being properly licensed under this Act shall, in addition to 15 any other penalty provided by law, pay a civil penalty to the 16 Department in an amount not to exceed $5,000, for each 17 offense, as determined by the Department. Any person 18 assessed a civil penalty under this Section shall be afforded 19 an opportunity for hearing in accordance with Department 20 regulations prior to final action by the Department. The 21 civil penalty must be paid within 30 days after the order 22 becomes a final and binding administrative determination. 23 (b) A person who violates a provision of this Act shall 24 be guilty of a business offense and shall be fined not less 25 than $500 nor more than $1,000 for the first offense and 26 shall be guilty of a Class A misdemeanor for a subsequent 27 offense. Each day that a violation continues constitutes a 28 separate offense. A licensed radon contractor found guilty 29 of a violation of a provision of this Act shall automatically 30 have his or her license terminated by the Department. 31 (Source: P.A. 90-262, eff. 7-30-97.) 32 Section 99. Effective date. This Act takes effect upon HB3014 Enrolled -5- LRB9203727LBgcB 1 becoming law.