Chapter 420 — NUCLEAR SAFETY

(420 ILCS 40/31) (from Ch. 111 1/2, par. 210-31) (Section scheduled to be repealed on January 1, 2027) Sec. 31. Rulemaking; exemptions. (a) The provisions of the Illinois Administrative Procedure Act are hereby expressly adopted and shall apply to all administrative rules and pro…

(420 ILCS 40/32) (from Ch. 111 1/2, par. 210-32) (Section scheduled to be repealed on January 1, 2027) Sec. 32. Radiation emergency contingency plan. The Agency shall develop for its use, or for the use of its successor, a comprehensive contingency plan for the protection of publ…

(420 ILCS 40/33) (from Ch. 111 1/2, par. 210-33) (Section scheduled to be repealed on January 1, 2027) Sec. 33. Agreements and training programs. (1) The Agency is authorized to enter into an agreement or agreements with the Federal Government, other States, interstate agencies, …

(420 ILCS 40/34) (from Ch. 111 1/2, par. 210-34) (Section scheduled to be repealed on January 1, 2027) Sec. 34. Intrastate shippers of irradiated nuclear reactor fuel. (a) All intrastate and interstate shippers of irradiated nuclear reactor fuel in the State of Illinois are hereb…

(420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35) (Section scheduled to be repealed on January 1, 2027) Sec. 35. Radiation Protection Fund. (a) All moneys received by the Agency under this Act shall be deposited in the State treasury and shall be set apart in a special fund to be …

(420 ILCS 40/36) (from Ch. 111 1/2, par. 210-36) (Section scheduled to be repealed on January 1, 2027) Sec. 36. Order for violation abatement and public hearing. Whenever the Agency believes upon examination of records or inspection and examination of a radiation installation or …

(420 ILCS 40/37) (from Ch. 111 1/2, par. 210-37) (Section scheduled to be repealed on January 1, 2027) Sec. 37. Administrative Review Law. The provisions of the Administrative Review Law, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for judici…

(420 ILCS 40/38) (from Ch. 111 1/2, par. 210-38) (Section scheduled to be repealed on January 1, 2027) Sec. 38. Authority of Agency in cases constituting an immediate threat to health. (a) Notwithstanding any other provision of this Act, whenever the Agency finds that a condition…

(420 ILCS 40/39) (from Ch. 111 1/2, par. 210-39) (Section scheduled to be repealed on January 1, 2027) Sec. 39. Violations. (a) Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by this Act, or who violates any determination or order …

(420 ILCS 40/4) (from Ch. 111 1/2, par. 210-4) (Text of Section before amendment by P.A. 104-458) (Section scheduled to be repealed on January 1, 2027) Sec. 4. Definitions. As used in this Act: (a) "Accreditation" means the process by which the Agency grants permission to persons…

(420 ILCS 40/40) (from Ch. 111 1/2, par. 210-40) (Section scheduled to be repealed on January 1, 2027) Sec. 40. Injunctive relief. It shall be the duty of the Attorney General upon the request of the Agency to bring an action for an injunction against any person violating the pro…

(420 ILCS 40/41) (from Ch. 111 1/2, par. 210-41) (Section scheduled to be repealed on January 1, 2027) Sec. 41. Conflicting laws. This Act shall not be construed as repealing any laws of the State relating to radiation sources, exposures, radiation protection, and professional li…

(420 ILCS 40/42) (from Ch. 111 1/2, par. 210-42) (Section scheduled to be repealed on January 1, 2027) Sec. 42. Existing remedies unimpaired. No existing civil or criminal remedy for any wrongful action which is a violation of any code, rule or regulation promulgated under this A…

(420 ILCS 40/43) (from Ch. 111 1/2, par. 210-43) (Section scheduled to be repealed on January 1, 2027) Sec. 43. Reinstatement of existing licenses; Force and effect of existing rules. All licenses, accreditations, registrations, and exemptions in effect on the date of this Act be…

(420 ILCS 40/44) (from Ch. 111 1/2, par. 210-44) (Section scheduled to be repealed on January 1, 2027) Sec. 44. Protection of powers. The powers, duties and functions vested in the Agency under the provisions of this Act shall not be construed to affect in any manner the powers, …

(420 ILCS 40/45) (Section scheduled to be repealed on January 1, 2027) Sec. 45. Subpoena power; confidentiality; witness fees; enforcement; punishment. (a) The Agency, by its Assistant Director or a person designated by the Assistant Director, may, at the Assistant Director's ins…

(420 ILCS 40/46) (from Ch. 111 1/2, par. 210-46) Sec. 46. The Radiation Protection Act is repealed. (Source: P.A. 86-1341.)

(420 ILCS 40/47) (from Ch. 111 1/2, par. 210-47) Sec. 47. Section 4.5A of the Regulatory Agency Sunset Act is repealed. (Source: P.A. 86-1341.)

(420 ILCS 40/48) (from Ch. 111 1/2, par. 210-48) (Section scheduled to be repealed on January 1, 2027) Sec. 48. This Act takes effect upon becoming law. (Source: P.A. 86-1341.)

(420 ILCS 40/49) (Section scheduled to be repealed on January 1, 2027) Sec. 49. Remediation of Ottawa radiation sites. In order to accomplish a cost-effective remediation that is protective of the public health, the Agency shall have the following powers regarding the sites desig…

(420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5) (Section scheduled to be repealed on January 1, 2027) Sec. 5. Limitations on application of radiation to human beings and requirements for radiation installation operators providing mammography services. (a) No person shall intention…

(420 ILCS 40/50) (Section scheduled to be repealed on January 1, 2027) Sec. 50. Collection, storage, and disposal of radiation sources; fees. The Agency may collect, store, and dispose of uncontrolled sources of radiation that have entered the public domain and that the Agency co…

(420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6) (Section scheduled to be repealed on January 1, 2027) Sec. 6. Accreditation of administrators of radiation; limited scope accreditation; rules and regulations; education. (a) The Agency shall promulgate such rules and regulations as …

(420 ILCS 40/7) (from Ch. 111 1/2, par. 210-7) (Section scheduled to be repealed on January 1, 2027) Sec. 7. Administrators of radiation; application for accreditation and renewal; fees; Fund. Applications for accreditation and renewal shall be made upon forms prescribed and furn…

(420 ILCS 40/7a) (from Ch. 111 1/2, par. 210-7a) (Section scheduled to be repealed on January 1, 2027) Sec. 7a. Certification of industrial radiographers. (a) Beginning January 1, 1993, no person may perform industrial radiography unless he or she is certified by the Department o…

(420 ILCS 40/8) (from Ch. 111 1/2, par. 210-8) (Section scheduled to be repealed on January 1, 2027) Sec. 8. Interchange of radiation sources. The sale, lease, transfer or loan of radiographic or fluoroscopic or therapeutic x-ray equipment or radioactive material, or the supplies…

(420 ILCS 40/9) (from Ch. 111 1/2, par. 210-9) (Section scheduled to be repealed on January 1, 2027) Sec. 9. Rules and regulations. No person shall use radiation in contravention of such rules and regulations as the Agency may make relating to the control of ionizing radiation. T…

(420 ILCS 42/1) Sec. 1. Short title. This Act may be cited as the Uranium and Thorium Mill Tailings Control Act. (Source: P.A. 87-1024.)

(420 ILCS 42/10) (Text of Section before amendment by P.A. 104-458) Sec. 10. Definitions. As used in this Act: "Agency" or "IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homeland Security, or its successor agency. "By-product material" means the tailings …

(420 ILCS 42/15) Sec. 15. Storage fees. (a) Beginning January 1, 1994, an annual fee shall be imposed on the owner or operator of any property that has been used in whole or in part for the milling of source material and is being used for the storage or disposal of by-product mat…

(420 ILCS 42/20) Sec. 20. Local approval. Notwithstanding the licensing provisions of the Radiation Protection Act: (1) A person shall not operate a facility for the disposal of by-product material that is located in a municipality or within 1.5 miles of the boundary of any munic…

(420 ILCS 42/25) Sec. 25. Response plans. (a) Within one year of the effective date of this Act, the owner or operator of any licensed site where by-product material is located on the effective date of this Act shall file with the Agency a detailed plan describing all of the acti…

(420 ILCS 42/30) Sec. 30. Rules and regulations. The Agency may adopt such rules and procedures as it may deem necessary or useful in the execution of its duties under this Act. The rules may require submission of pertinent information by taxpayers. (Source: P.A. 95-777, eff. 8-4…

(420 ILCS 42/32) Sec. 32. Limitations on groundwater and property use. (a) In connection with the decommissioning of a source material milling facility or the termination of the facility's license, the Agency shall have the authority to adopt by rule, or impose by order or licens…

(420 ILCS 42/35) Sec. 35. Agreements. If the Director certifies to the General Assembly that the State and the owner or operator of a licensed by-product material storage or disposal facility have entered into an agreement enforceable in court that accomplishes the purposes of su…

(420 ILCS 42/40) Sec. 40. Violations and penalties. (a) Any person who violates Section 20 shall be subject to a civil penalty not to exceed $10,000 per day of violation. (b) Any person failing to pay the fees provided for in Section 15 shall be subject to a civil penalty not to …

(420 ILCS 42/45) Sec. 45. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 87-1024.)

(420 ILCS 42/49) Sec. 49. This Act shall take effect upon becoming law. (Source: P.A. 87-1024.)

(420 ILCS 42/5) Sec. 5. Legislative findings. (a) The General Assembly finds: (1) that a very large volume of by-product material, commonly referred to as uranium and thorium mill tailings, is located within this State, much of it in urban areas; (2) that such radioactive materia…

(420 ILCS 44/1) Sec. 1. Short title. This Act may be cited as the Radon Industry Licensing Act. (Source: P.A. 90-262, eff. 7-30-97.)

(420 ILCS 44/10) Sec. 10. Primary responsibility with Agency. The Agency shall have primary responsibility for coordination, oversight, and implementation of all State functions in matters concerning the presence, effects, measurement, and mitigation of risks of radon and radon p…

(420 ILCS 44/15) Sec. 15. Definitions. As used in this Act, unless the context requires otherwise: (a) "Agency" or "IEMA-OHS" means the Illinois Emergency Management Agency and Office of Homeland Security, or its successor agency. (b) "Client" means any person who contracts for m…

(420 ILCS 44/20) Sec. 20. General powers. (a) The Agency may undertake projects to determine whether and to what extent radon and radon progeny are present in dwellings and other buildings, to determine to what extent their presence constitutes a risk to public health, and to det…

(420 ILCS 44/25) Sec. 25. License requirement. Beginning January 1, 1998, no person shall sell a device or perform a service for compensation to detect the presence of radon or radon progeny in the indoor atmosphere, perform laboratory analysis, or perform a service to reduce the…

(420 ILCS 44/27) Sec. 27. Approval of radon sampling and measurement devices for radon contractors. No person shall sell a device in this State to a radon contractor for use in licensed activities to detect the presence of radon or radon progeny in the indoor atmosphere without p…

(420 ILCS 44/28) Sec. 28. (Repealed). (Source: P.A. 97-953, eff. 8-13-12. Repealed by P.A. 99-933, eff. 1-27-17.)

(420 ILCS 44/30) Sec. 30. Reporting of information. Within 45 days after testing for radon or radon progeny, a person performing the testing shall report to his or her client the results of the testing. In addition, if the client is not the owner or occupant of the building, a pe…

(420 ILCS 44/35) Sec. 35. Penalties. (a) A person required to be licensed under Section 25 of this Act who sells a device or performs a service without being properly licensed under this Act may be assessed a civil penalty by the Agency not to the exclusion of any other penalty a…

(420 ILCS 44/40) Sec. 40. Interference. No person shall interfere with or cause another person to interfere with the successful completion of a radon measurement or the installation or operation of a radon mitigation system. This Section applies to persons required to be licensed…

(420 ILCS 44/45) Sec. 45. Grounds for disciplinary action. The Agency may refuse to issue or to renew, or may revoke, suspend, or take other disciplinary action as the Agency may deem proper, including fines not to exceed $1,000 for each violation, with regard to any license for …