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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8 (Section scheduled to be repealed on January 1, 2011)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;
24 and
25 (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
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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.
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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.
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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
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1 becoming law.
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