Public Act 90-0391 of the 90th General Assembly
Public Act 90-0391
HB1493 Enrolled LRB9002888DPks
AN ACT concerning radiation protection and installation,
amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Radiation Installation Act is amended by
changing Sections 2.1 and 3 as follows:
(420 ILCS 30/2.1) (from Ch. 111 1/2, par. 195.1)
Sec. 2.1. Registration requirement. Every operator of a
radiation installation where radiation machines are possessed
shall register such machines with the Director of the
Department of Nuclear Safety. The registration shall be filed
annually on a form prescribed by the Department. Every
installation operator required to register under this Section
shall pay the Department an annual registration fee for each
of $10 per radiation machine possessed on January 1 of each
year. The Department shall by rule establish the annual
registration fee based on the type of facility and equipment
possessed by the registrant. The Department shall bill the
operator for the registration fee as soon as practical after
January 1. Registration fees shall be due and payable within
60 days of the date of billing. If after 60 days the
registration fee is not paid, the Department may issue an
order directing the operator of the installation to cease use
of the radiation machines for which the fee is outstanding or
take other appropriate enforcement action as provided in
Section 36 of the Radiation Protection Act of 1990. Any
order issued by the Department shall afford the operator a
right to a hearing before the Department; however, a written
request for hearing must be served on the Department within
10 days of notice of the order. If the operator fails to
file a timely request for hearing with the Department, the
operator shall be deemed to have waived his right to a
hearing. Fees collected under this Section shall be
deposited in the Radiation Protection Fund and are not
refundable.
(Source: P.A. 89-199, eff. 7-21-95.)
(420 ILCS 30/3) (from Ch. 111 1/2, par. 196)
Sec. 3. Exceptions to registration. The registration
requirements of this Act shall not apply to the following
materials, machines or conditions:
(a) Natural radioactive materials of an equivalent
specific radioactivity not exceeding that of natural
potassium, except when such materials are produced, stored,
used, handled or disposed in such quantity or fashion that
any person might receive within a week a radiation dose
exceeding one-tenth the maximum permissible total weekly dose
for any critical organ exposed, as determined by the
standards established by the National Committee on Radiation
Protection.
(b) Radioactive material in such quantity that if the
entire amount were taken internally, continuously, or at one
time by a person, no harmful effect would be likely to
result. Listings of the upper limits of quantities of
radioactive materials which are exempt from registration are
given in the following table. These limits apply only for
radioactive material not contained in sealed sources:
Upper Upper Upper
Radio- Limit Radio- Limit Radio- Limit
active Micro- active Micro- active Micro-
Material curie Material curie Material curie
210 48 200
Pb 1 V 100 Tl 100
210 59 204
Po 1 Fe 100 Tl 100
211 65 203
At 1 An 100 Pb 100
226 72 234
Ra 1 Ga 100 Th 100
227 76 3
Ac 1 As 100 H 1000
233 86 7
U 1 Rb 100 Be 1000
239 89 14
Pu 1 Sr 100 C 1000
241 91 24
Am 1 Y 100 Na 1000
242 95 35
Cm 1 Nb 100 S 1000
46 96 42
Sc 10 Tc 100 K 1000
60 105 51
Co 10 Rh 100 Cr 1000
90 109 55
Sr 10 Cd 100 Fe 1000
105 111 56
Ag 10 Ag 100 Mn 1000
106 113 59
Ru 10 Sn 100 Ni 1000
129 127 64
Te 10 Te 100 Cu 1000
131 140 71
I 10 Ba 100 Ge 1000
137 140 99
Cs 10 La 100 Mo 1000
144 143 103
Ce 10 Pr 100 Pd 1000
154 151 147
Eu 10 Sm 100 Pm 1000
181 166 190
W 10 Ho 100 Ir 1000
183 170 196
Re 10 Ta 100 Au 1000
192 177 201
Ir 10 Lu 100 Tl 1000
32 182 202
P 100 Tm 100 Tl 1000
36 191
Cl 100 Pt 100 Natural U 1000
45 193
Ca 100 Pt 100 Natural Th 1000
47 198
Sc 100 Au 100
48 199
Sc 100 Au 100
(c) Radioactive materials in sealed sources in total
quantities not exceeding one millicurie for a given
installation.
(d) Timepieces, instruments, novelties or devices
containing self-luminous elements, except during the
manufacture of the self-luminous elements and the production
of said timepieces, instruments, novelties; and except when
the timepieces, instruments, novelties or devices are stored,
used, repaired, handled or disposed in such quantity or
fashion that any person might receive within a week a
radiation dose exceeding one-tenth the maximum permissible
total weekly dose for any critical organ exposed, as
determined by the standards established by the National
Committee on Radiation Protection.
(e) Electrical equipment that is primarily not intended
to produce radiation and which operates in such a manner that
no person may receive within a week a radiation dose
exceeding one-tenth the maximum permissible total weekly dose
for any critical organ exposed, as determined by the
standards established by the National Committee on Radiation
Protection. Provided, the production testing or production
servicing of all such electrical equipment shall not be
exempt from registration.
(f) Any radioactive material or radiation machine being
transported on vessels, aircraft, railroad cars or motor
vehicles in conformity with regulations adopted by any agency
having jurisdiction over safety during transportation.
(g) Radiation machines, radioactive materials and
radiation installations which the Department of Public Health
finds to be without radiation hazard, as determined by the
standards established by the National Committee on Radiation
Protection.
(Source: Laws 1957, p. 1169; revised 3-19-96.)
Section 10. The Radiation Protection Act of 1990 is
amended by changing Sections 7, 25, and 35 as follows:
(420 ILCS 40/7) (from Ch. 111 1/2, par. 210-7)
Sec. 7. Administrators of radiation; application for
accreditation and renewal; fees; Fund. Applications for
accreditation and renewal shall be made upon forms prescribed
and furnished by the Department and shall be accompanied by
the required fees provided in this Section. Each such
application for accreditation or renewal shall be accompanied
by such proof of compliance with the applicable requirements
as the Department may by rule require. Accreditation shall
be renewed every 2 years, or for a lesser period as
established by rule for accreditation based upon conditions
of community hardship. The Department may deny an
application for accreditation or renewal, or may suspend or
revoke accreditation under standards and procedures
established by the Department.
The application fee for accreditation or renewal shall be
$30 until December 31, 1990. Beginning January 1, 1991, the
application fee for accreditation or renewal shall be $40.
Except as provided in Section 6, the Department shall not
impose an examination fee. The Department shall by rule
establish application fees for accreditation or renewal.
(Source: P.A. 86-1341.)
(420 ILCS 40/25) (from Ch. 111 1/2, par. 210-25)
Sec. 25. Radiation inspection and testing; fees.
(a) The Department shall inspect and test radiation
installations and radiation sources, their immediate
surroundings and records concerning their operation to
determine whether or not any radiation resulting therefrom is
or may be detrimental to health. The inspection and testing
frequency of a radiation installation shall be based on the
installation's class designation in accordance with
subsection (f).
Inspections of mammography installations shall also
include evaluation of the quality of mammography phantom
images produced by mammography equipment. The Department
shall promulgate rules establishing procedures and acceptance
standards for evaluating the quality of mammography phantom
images.
Beginning on the effective date of this amendatory Act of
1997 and until June 30, 2000, the fee for inspection and
testing shall be paid yearly at an annualized rate based on
the classifications and frequencies set forth in subsection
(f). The annualized fee for inspection and testing shall be
based on the rate of $55 per radiation machine for machines
located in dental offices and clinics and used solely for
dental diagnosis, located in veterinary offices and used
solely for diagnosis, or located in offices and clinics of
persons licensed under the Podiatric Medical Practice Act of
1987 and shall be based on the rate of $80 per radiation
machine for all other radiation machines. The Department may
adopt rules detailing the annualized rate structure.
Beginning July 1, 2000, the Department shall establish by
rule inspection fees based on the type of facility and
equipment possessed by the registrant. The fee for inspection
and testing shall be $55 per radiation machine for machines
located in dental offices and clinics and used solely for
dental diagnosis, in veterinary offices and used solely for
diagnosis, or in offices and clinics of persons licensed
under the Podiatric Medical Practice Act of 1987, and $80 per
radiation machine for all other radiation machines. The
Department shall bill the operator for the appropriate fee as
soon as practical after the machine has been inspected and
tested.
Fees assessed under this subsection shall be due and
payable within 60 days of the date of billing. If after 60
days the fee for inspection and testing is not paid, the
Department may order the operator of the installation to
cease use of the machines for which the fee is outstanding or
take other appropriate enforcement action as provided in
Section 36 of this Act. Any order issued by the Department
shall afford the operator a right to a hearing before the
Department; however, a written request for hearing must be
served on the Department within 10 days of notice of the
order. If the operator fails to file a timely request for
hearing with the Department, the operator shall be deemed to
have waived the right to a hearing.
(b) In lieu of inspections by the Department, an
operator of a radiation installation may elect to utilize the
services of a nondepartment qualified inspector, as defined
in subsection (d), to inspect and test radiation machines
utilized therein. Inspection shall be personally performed
by the nondepartment qualified inspector and inspection and
testing results shall be documented on forms provided by the
Department. The nondepartment qualified inspector shall
certify on each radiation inspection report submitted to the
Department that the nondepartment qualified inspector
personally performed the inspection and that the inspection
was performed in accordance with the standards established by
the Department. Beginning on the effective date of this
amendatory Act of 1997 and until June 30, 2000, the fee for
inspection review as described in this subsection shall be
paid yearly at an annualized rate based on the
classifications and frequencies set forth in subsection (f).
The annualized inspection review fee shall be based on the
rate of $25 per radiation machine. The Department may adopt
rules detailing the annualized rate structure. On and after
July 1, 2000, the Department shall by rule establish the
inspection review fee. The Department shall bill the operator
a $25 inspection review fee per radiation machine as soon as
practical after the Department receives the nondepartment
qualified inspector's radiation inspection report. This
inspection review fee shall not apply to inspections of
radiation machines used for mammography. Fees assessed under
this subsection are due and payable within 60 days of the
date of billing. If after 60 days the inspection review fee
is not paid, the Department may order the operator of the
installation to cease use of the machines for which a fee is
outstanding or take other appropriate enforcement action as
provided in Section 36 of this Act.
The inspection and testing frequency of a radiation
installation shall be based on the installation's class
designation and associated radiation hazards as determined by
the Department in accordance with subsection (f). For
purposes of this Section, "operator" means an individual,
group of individuals, partnership, firm, corporation, or
association conducting the business or activities carried on
within a radiation installation.
(c) Every operator of a radiation installation shall
file an application for initial inspection and testing in
accordance with subsection (a) or (b) of this Section no
later than 30 days after the initial installation of a
radiation machine. Radiation machines shall be inspected and
tested in accordance with subsection (a) and (b) and
radiation inspection reports shall be filed with the
Department within 6 months of the date of initial
installation. Thereafter, applications for inspection and
testing as well as the filing of radiation inspection reports
shall be made periodically in accordance with a schedule
promulgated by the Department.
(d) Each individual who conducts inspections as a
nondepartment qualified inspector pursuant to subsection (b)
above shall register with the Department as a nondepartment
qualified inspector. Application for registration as a
nondepartment qualified inspector shall be made on a form
prescribed by the Department and shall be accompanied by the
appropriate application fee specified in subsection (e). The
Department shall approve the application and register an
individual as a nondepartment qualified inspector if the
individual satisfies the criteria established by the
Department. The Department shall establish such criteria by
regulation. The Department shall suspend or revoke the
registration of any nondepartment qualified inspector who
fails to pay the registration fee prescribed in subsection
(e), who fails to conduct inspections in accordance with the
standards established by the Department, or who intentionally
submits to the Department an inspection report that contains
false or misleading information.
(e) The Department shall assess all nondepartment
qualified inspectors an annual registration fee. The
Department shall establish by rule the annual registration
fee which shall be of $50, payable by on January 1 of each
year. The Department shall assess all individuals filing to
become a nondepartment inspector an application fee of $50
which will serve as a registration fee for the remainder of
the calendar year. The Department shall by rule establish
the application fee. Registration and application fees are
not refundable.
(f) For purposes of this Section, radiation
installations shall be defined as any location or facility
where radiation machines are used and shall be divided into 3
classes:
Class A - Class A shall include all radiation
machines located in dental offices and clinics and used
solely for dental diagnosis or located in veterinary
offices and used solely for diagnosis and all
installations using commercially manufactured cabinet
radiographic/fluoroscopic radiation machines and electron
microscopes. Operators of Class A installations shall
have their radiation machines inspected and tested every
5 years in accordance with Departmental regulations and
radiation inspection reports shall be filed in accordance
with subsection (c). Fees shall be in accordance with
subsection (a) or (b) of this Section.
Class B - Class B shall include all radiation
machines, other than machines used for performing
mammography, located in offices or clinics of persons
licensed under the Medical Practice Act of 1987, or under
the Podiatric Medical Practice Act of 1987, and used
solely for diagnosis or therapy and all installations
using spectroscopy radiation machines, noncommercially
manufactured cabinet radiographic/fluoroscopic radiation
machines, portable radiographic/fluoroscopic units,
non-cabinet baggage/package fluoroscopic radiation
machines and electronic beam welders. Operators of Class
B installations shall have their radiation machines
inspected and tested every 2 years in accordance with
Departmental regulations and radiation inspection reports
shall be filed in accordance with subsection (c). Fees
shall be in accordance with subsection (a) or (b) of this
Section.
Class C - Class C shall include all radiation
machines which are not classified as Class A or Class B.
Class C shall include but not be limited to radiation
machines located in hospitals and educational
institutions, all radiation machines used for performing
mammography procedures, therapy, and all installations
using diffraction radiation machines, open radiography
radiation machines, closed radiographic/fluoroscopic
radiation machines and radiation machines used as gauges.
Test booths, bays, tubs, baths or rooms used by
manufacturing, assembly or repair facilities for testing
radiation machines shall be categorized as Class C
radiation installations. Operators of Class C
installations shall have their radiation machines
inspected and tested annually in accordance with
Departmental regulations and radiation inspection reports
shall be filed in accordance with subsection (c). Fees
shall be in accordance with subsection (a) or (b) of this
Section.
(g) The Department is authorized to maintain a facility
for the purpose of calibrating radiation detection and
measurement instruments in accordance with national
standards. The Department may make calibration services
available to public or private entities within or outside of
Illinois and may assess a reasonable fee for such services.
(Source: P.A. 88-616, eff. 9-9-94; 89-199, eff. 7-21-95.)
(420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
Sec. 35. Radiation Protection Fund; Federal Facilities
Compliance Fund.
(a) All moneys Except as otherwise provided in
subsection (b), all monies received by the Department under
this Act shall be deposited in the State Treasury and shall
be set apart in a special fund to be known as the "Radiation
Protection Fund". All monies within the Radiation Protection
Fund shall be invested by the State Treasurer in accordance
with established investment practices. Interest earned by
such investment shall be returned to the Radiation Protection
Fund. Monies deposited in this fund shall be expended by the
Director pursuant to appropriation only to support the
activities of the Department under this Act.
(b) On the effective date of this amendatory Act of
1997, all moneys remaining in the Federal Facilities
Compliance Fund shall be transferred to the Radiation
Protection Fund. All moneys from the Federal Government or
other sources, public or private, received by the Department
for the purpose of carrying out a State role under the
Federal Facility Compliance Act of 1992 shall be set apart
and deposited into a special fund known as the "Federal
Facilities Compliance Fund" that is hereby created in the
State treasury. Subject to appropriation, the moneys in the
Fund shall be used for the purpose of carrying out a State
role under the Federal Facility Compliance Act of 1992.
(Source: P.A. 87-838; 88-616, eff. 9-9-94.)
Section 99. Effective date. This Act takes effect upon
becoming law.