ML20141G948
| ML20141G948 | |
| Person / Time | |
|---|---|
| Issue date: | 11/29/1985 |
| From: | Lubenau J NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | NRC OFFICE OF STATE PROGRAMS (OSP) |
| Shared Package | |
| ML20140C976 | List: |
| References | |
| NUDOCS 8604240031 | |
| Download: ML20141G948 (39) | |
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i jf* "*%, UNITED STATES NUCLEAR REGULATORY COMM!sSION ...-
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i MEMORANDUM FOR: Illinois File 4
THRU: Donald A. Nussbaumer l Assistant Director for l
State Agreements Program l Office of State Programs j
I FRCM: Joel 0. Lubenau i
Senior Project Manager State Agreements Program l Office of State Programs
SUBJECT:
RECENT AMENDMENTS TO ILLIN0IS STATUTES i
During our meeting with Illinois Department of Nuclear Safety representatives November 14 and 15, 1985, we were furnished copies of amendment to three Illinois statutes that are included in their draft i proposal for a Section 274b. Agreement (enclosures). j On November 21, 1985 Jane Mapes, ELD called and informed me that the review of these amendments by R. Fonner and her did not raise any questions relating to the adequacy and compatibility of the legislation as a basis for an Agreement program.
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! l t oc1 . ubenau Senior Project Manager State Agreements Program Office of State Programs
Enclosures:
As stated cc: J. Mapes, ELD R. Fonner, ELD t
8604240031 860417 PDR STPRG ESGIL PDR
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WW D Ref: SA/JOL ME!!0RANDUM FOR: Illinois File THRU: Donald A. Hussbaumer Assistant Director for State Agreements Program Office of State Programs FROM: Joel 0. Lubenau Senior Project Manager State Agreements Program Office of State Programs
SUBJECT:
RECENT AMENDHENTS TO ILLIN0IS STATUTES
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During our meeting with Illinois Department of Nuclear Safety representatives November 14 and 15, 1985, we were furnished copies of amendment to three Illinois statutes that are included in their draft proposal for a Section 274b. Agreement (enclosures).
On November 21, 1985 Jane Hapes, ELD called and informed me that the review of these amendments by R. Fonner and her did not raise any questions relating to the adequacy and compatibility of the legislation as a basis for an Agreement program.
Original signed bts J. O. Insbenen Joel 0. Lubenau Senior Project Manager State Agreements Program
- Office of State Programs
Enclosures:
As stated .
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1 AN ACT in relation to personnel radiation monitoring.
Ill. Rev. Stat.1983, ch.111 1/2, par. 230.11-230.11L J
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__ PERTO llEL RADIATI0il MONITORIf!G AN ACT in . relation to personnel radiation monitoring. .
Section 230.11. Type of service i 1. Any employer of a person or persons subject to radiation monitoring !
requirements of the Department of Nuclear Safety shall provide for each such !
person a type of personnel radiation monitoring service acceptable to the Department of Nuclear Safety.
I Section 230.12. Record of radiation exposure of employee i 2. Each such employer shall maintain a record of the radiation exposure of each employee as reported by the monitoring service on forms prescribed by the Department and shall forward such forms to the Department of Nuclear Safety according to a schedule prescribed by the Department of Nuclear Safety and at the termination of employment of any monitored employee. The record of each employee shall include the name and Social Security number of the employee.
Section 230.13. Approval of department i 3. No person or firm shall furnish a personnel rad'iation monitoring service in this State without approval from the Department of Nuclear Safety.
Section 230.14. Ad.ninistrative Procedure Act - Application i 4. The provisions of "The Illinois Administrative Procedure Act",
approved September 22, 1975, are hereby expressly adopted and shall apply to all administrative rules and prondures J the Department of Nuclear Safety under this Act, except that %ction 5 of the Illinois Administrative Procedure Act relating to procedures for rule-making does not apply to the adoption of any rule required by federal law in connection with which the Department is precluded by law from exercising any discretion.
Section 230.15. Additional requirements i
I 5. In addition to the requirements of this Act, the employer shall be subject to other rules of the Department of Nuclear Safety pertaining to the ,
protection of personnel who use, possess or are otherwise exposed to radiation '
sources at the work site. Such rulos may include requirements pertaining to ,
personnel training, personnel exposure limits, not:ces to personnel of l exposures to radiation and other worker rights. '
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i AN ACT in relation to the management of low-level radioactive i
wastes.
Ill. Rev. Stat. 1983, ch. 111 1/2, par. 241 241-24
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ILLIN0IS LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT ACT 4 v-
- Section 1. Short Title. .
1 This Act shall be known and may be cited as the " Illinois Low-Level Radioactive Waste Management Act".
Section 2. Legislative findings. t (a) The General Assembly finds. l (1) that a considerable volume of low-level radioactive wastes are l prodJced 'n this State with even greater volumes to be produi.ed in the future; i (2) that such radioactive wastes pose a significant risk to the public health, safety and welfare of the people of Illinois; and (3) that it is the obligation of the State Government pursuant to the Low-Level Waste Management Policy Act of 1980 to provide for the safe management of the low-level radioactive wastes produced within its borders.
(b) It is the purpose of this Act to establish a comprehensive program for the storage, treatment and disposal of the low-level radioactive wastes in Illinois. It is the intent'~ of the General Assembly that such a program i provide for the management of these wastes in the safest manner possible and '
in a manner that creates the least risk to human health and the environment of Illinois and that the program encourage to the fullest extent possible the use of environmentally sound waste management practices alternative to lant, disposal including waste recycling, compaction, incineration and other method; to reduce the amount of wastes produced, and to ensure public participation in all phases of the development of this radioactive waste management prograu.
It is also the intent of the General Assembly that the Department of Nuclear Safety pursue the attainment of agreement state status for the assumption )f regulatory authority from the U.S. Nuclear Regulatory Comission pursuant to Section 274b of the Atcmic Energy Act of 1954 (42 U.S.C. 2014).
Section 3. Definitions.
(a) " Compact" means the Central Midwest Interstate Low-Level Radioactive Waste Compact.
(b) " Decommissioning" means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any j
t residual radioactivity cr other potential hazards present at a facility.
(c) " Department" means the Department of Nuclear Safety.
(d) " Director" means the Director of the Department of Nuclear Safety.
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(e) "Dt.sposal" means the isolation of waste from the biosphere in a permanent facility designed for that purpose.
(f) " Facility" means a parcel of land or site, together with structures, equipment and improvements on or appurtenant to the land or site, which is used or is being developed for tne treatment, storage or disposal of low-level l radioactive waste. " Facility" does not include lands, sites, structures or l equipment used by a generator in the generation of low-level radioactive i wastes.
(g) " Generator" means any person who produces or possesses low-level i radioactive waste in the course of or incident to manufacturing, power I generation, processing, medical diagnosis and treatment, research, education or other activity.
(h) " Low-level radioactive waste" or " wastes" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel or byproduct material as defined in Section 11e(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2014).
(1) " Person" means an individual, corporation, business enterprise or other legal entity either public or private and any legal successor, representative, agent or agency of that individual, corporation, business enterprise, or legal entity.
(j) " Post-closure care" means the continued monitoring of a facility 1
after closure for the purposes of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and' regulatory requirements, and includes undertaking any remedial actions necessary to protect public health and the environment from radioactive releases from a regional waste management facility.
(k) " Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment of low-level radioactive waste.
(1) " Remedial action" means those actions taken in the event of a release or threatened release of low-level radioactive waste into the environment, to prevent or minimize the release of such waste so that it does not migrate to causa substantial danger to present or future public health or l welfare or the environment. The tern includes, but is not limited to, actions at the location of the release such as storage, confinement, perimeter i protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released low-level radioactive wastes, recycling or reuse, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, onsite treatment or incineration, provision of alternative water supplies and any monitoring reasonably required to assure that such actions protect human health and the environment.
(m) "Shall ow land burial" means a land disposal facility in which radioactive waste is disposed of in or within the upper 30 meters of the earth's surface. However, this definition shall not include an enclosed,
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3-l engineered, structurally re-enforced and solidified bunker that extends below I the earth's sTdface. )
" Storage" ,means the temporary holding of waste for treatment or (ri)
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, disposal for a period determined by Department regulations. '
(o) " Treatment" means any method, technique or process, including storage i for radioactive decay, designed to change the physical, chemical or biological '
- characteristics or composition of any waste in order to render the waste safer 1 for transport, storage or disposal, amenable to recovery, convertible to another usable material or reduced in volume.
. (p) " Waste management" means the storage, transportation, treatment or
- disposal of waste.
Section 4. Generator registration.
(a) All gen rators of any amount of low-level radioactive waste in i Illinois. shall register with the Department of Nuclear Safety. Existing i generators shall register within 180 days of the effective date of this Act i and new generators shall register within 60 days of the comencement of
, generating any low-level radioactive wastes. Such registration shall be on a fonn developed by the Department and shall contain the name, address and officers of the generator, information on the types and amounts of wastes j produced and any other information required by the Department.
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! (b) All registered generators of any amount of low-lev 61 radioactive I waste in 1111nof s shall file an annual report with the Department. The annual i report shall contain information on the types and quantities of low-level I .
wastes produced in the previous year and expected to be produced in the r future, the methods used to manage these wastes, the technological feasibility, economic reasonableness and environmental soundness of
- alternative treatment, storage and disposal methods and any other information
- required by the Department.
1 (c) All registration forms and annual reports required to be filed with
} the Department shall be made available to the public for inspection and j copying.
} Section 5. Waste Facility Contractors--Requirements.
Requirements for Waste Facility Contractors. The Department shall promulgate rules and regulations establishing standards applicable to the c selection of a contractor or contractors for the design, development, construction and operation of a low-level radioactive waste storage, treatment i
or disposal site away from the point of generation necessary to protect human health and the environment. Such regulations shall establish, but need not be l limited to, the following:
e (1) The number of contractors to design, develop and operate a low-
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level radioactive waste storage, treatment or disposal facility; I
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. .i - , . . 1 (2) . Re.quirements and standards relating to the financial integrity
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of the ff'r_m; Requirements and standards relating to the experience and (3) performance history of the firm in the design, development, construction i and operation of low-level radioactive waste storage, treatment or disposal facilities; and
, (4) Requirements and standards for the qualif f mtions of the ;
employees of the firm.
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' The Department shall hold at least one public hearir; before promulgating l such regulations. s l Section 6. Waste Facilities--Requirements.
(a) Requirements for Waste Facilities. The Departm(nt snall promulgate i
rules and regulations establishing standards applicable to fat 111 ties for the
, storage, treatment or disposal of low-level radioactive wistos away from the i point of generation necessary to protect human health ard the environment.
Such rules and regulations shall reflect the best available management technologies which are economically reasonable, technologically feasible and environmentally sound for the storage, treatment and disposal of such wastas and shall establish, but need not be limited to the establishment of:
- (1) Requirements and performance standards for the design, I
! construction, operation, maintenance and monitoring of such low-level I radioactive waste facilities; i
- (2) Requirements and standards for the keeping of records and the I reporting and retaining of data collected by the operator
- of such l facilities;
, (3) Requirements and standards for the technical qualifications of the personnel to develop and; operate such facilities; i (4) Requirements and standards for establishing the financial j responsibility of the operators of such sites; '
! (5) Requirements and standards for. the emergency closure of such
, facilities;
', (6) Requirements and standards for the closure, decomissioning and post-closure care, monitoring, maintenance and use of such facilities.
(b) Such. regulations shall include >rovisions requiring that the operator of a facility post a performance bond wi th the Department or show evidence of liabil.ity insurance or other means of establishing financial responsibility in j an amount sufficient to adequately provide for any necessary remedial actions or liabilities that might be incurred by the operation of a facility during 3 the operating perind and during a ' reasonable period of post-closure care.
(c) Such regulations adopted for the requirements and performance I
standards ofTdis,90 sal facility shall not provide for the shallow land burial of low-level radioactive wastes. -
1 (d) The Department shall hold at least one public 5 earing before
- . promulgating such regulations.
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! (e) All rules and regulations promulgated pursuant to this Sectio'n shall i
be at least as stringent as those promulgated by the U.S. Nuclear Regulatory Commission ur, der the Atomic Energy Act of 1954 (42 U.S.C. 2014) and any 'other applicable Federal laws.
{ Section 7. Waste treatment--Requirements.
i Requirements for Waste Treatment. The Department shall promulgate rules and regulations establishing standards applicable to the treatment of low-
- level radioactive wastes disposed of in any facility in Illinois, necessary to i protect human health and the environment. Such rules and regulations shall reflect the best available treatment technologies which are economically reasonable, technologically feasible and environmentally sound for reducing the quantity and radioactive quality of such wastes prior to land burial and l shall establish, but need not be limited to, requirements respecting
(1) *.ne form in which low-level radioactive wastes may be disposed; (2) the use of treatment technologies for recycling, compacting, solidifying or otherwise treating low-level radioactive wastes prior to j disposal; and 1
! (3) the use of technologies for the treatment of such wastes to minimize
- the radioactive characteristics of the waste disposed of or to reduce the j
tendency of the waste to migrate in geologic and hydrologic formations.
The Department shall hold at least one public hearing prior to j promulgating such regulations. ,
l Section 8. Waste Facility Licensing--Requirements.
(a) Requirements for Waste Facility Licensing. No person shall operate any facility for the storage, treatment, or disposal of low-level radioactive wastes away from the point of generation in Illinois without a Ifcense granted l by the Department of Nuclear Safety.
1 i (b) Each application for a license under this Section shall contain such 1 information as may be required by the Department, including, but not limited
] to, information respecting:
! (1) estimates of the quantitics and types of wastes to be stored, l j treated or disposed of at the facility; i (2) the design specifications and proposed operating procedures of j
the facility necessary to assure compliance with the rules and regulations
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promulgagd pursuant to Section 6; (3) financial and personnel information necessary to assure the integrity and qualifications of the operator; (4) a closure plan to ensure the proper decommissioning,' monitoring and long term care of a facility; and (5) a contingency plan to establish the procedures to be followed in the event of unanticipated radioactive releases.
(c) Pursuant to the process established in Section 10, the Director may issue a license to the applicant who has met and whom he believes will comply with the requirements of the Act. In the event that a permit applicant pro-poses modifications of a facility, or in the event that the Director deter-mines that modifications are necessary to conform to the requirements of the Act, the Director may issue such license modifications necessary to protect human health and the environment and may specify the time allowed to complete the modifications.
(d) Upon a determination by the Director of substantial noncompliance with any license granted under this Section or upon a determination that an emergency exists posing a significant hazard to public health and the environ-ment, the Director may revoke such 1.fcense. Prior to revoking any license, the Director shall serve notice upon the alleged violator setting forth the Sections of this Act, or the regulations adopted pursuant thereto, which are alleged to have been violated. The Director shall hold at least one public hearing not sooner than 30 days following such notice.
(e) No person shall operate and the Director shall not issue any permit under this Section to operate any disposal facility for the shallow land burial of low-level radioactive wastes in Illinois.
Section 9. Waste Transporters--Requirements.
(a) Requirements for Waste Transporters. No person shall transport any low-level radioactive waste to a storage, treatment or disposal Facility in Illinois licensed pursuant to Section 8 without a permit granted by the Department of Nuclect Safety.
(b) Ne person shall transport any low-level radioactive waste to a storage, treatment or disposal Facility licensed pursuant to Section 8 without a manifest document. The Department shall develop the form for such manifests and shall promulgate rules and regulations establishing a system of tracking wastes from their point of generation to storage, treatment and ultimate disposal.
(c) Each application for a perif t unde- this Section shall contain such information as may be required under regulations promulgated by the r Department, including, but not limited to, information respecting:
(1) The estimated quantitics and types of wastes to be transported to a Facility located in Illinois; I . _ _ . .--
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_7 (2)#Yhe procedures and methods used to monitor and inspect such shipments to ensure that leakage or spills do not occur;
- (3) The specific routes and timetables according to which such wastes are to be shipped; i (4) The qualifications and training of personnel handling low-levt.1 l radioactive waste; and l l
(5) The use of interim storage and transshipment facilities.
l (d) The Director may issue a permit to any applicant who has met and he believes will comply with the requirements of the Illinois Hazardous Materials i
Transportation Act and any other applicable State or Federal laws or I regulations. In the event that a permit applicant proposes modifications of a i
l permit, or in the event that the Director determines that modifications are I necessary to conform with the requirements of the Act, the Director may issue such permit modifications necessary to protect human health and the environment and may specify the time allowed to complete the modifications.
(e) The Department shall' inspect each shipment of low-level radioactive wastes received at a storage, treatment or disposal Facility licensed pursuant to Section 8 for compliance with the packaging, placarding and other requirements established by rules and regulations promulgated by the Illinois Department of ' Transportation' under the Illinois Hazardous Material s Transportation Act and any other applicable State or Federal regula?.fons. The Department shall notify the Attorney General of any apparent vio1 Pions for possible prosecution under Sections 11 and 12 of that Act.
Section 10. Waste Facility Siting--Requirements.
(a) Requirements for Waste Facility Siting. The Department, in cooperation with the Illinois Geological and Water Surveys, shall complete a study of the technical considerations relating to the siting of a regional low-level radioactive waste disposal facility. Such study shall include, but need not be limited to, the identification of the geologic and hydrologic conditions best suited for such a facility, the establishment of a data base ,
on such conditions and the location of these media in Illinois.
(b) Upon adopting the regulations establishing requirements for waste disposal facilities provided for in Section 6, the Department shall initiate the planning, development and site selection procedures necessary to establish a permanent facility for the disposal of low-level radioactive wastes by January 1,1989 or 5 years after such date, whichever is later. Not later than 3 months after such date, the Department shall solicit proposals for the selection of one or more contractors to design, develop and operate such a facility. Not later than 6 months after the solicitation of proposals, the Director shall select the applicant who has submitted the overall proposal which best conforms with the requirements of Section 5 and regulations adopted pursuant thereto.
(c) Not ,later than 3 months after finalizing such regulations, the
- Director shal,l announce his intention to select possible sites for the
!' location of such a permanent disposal facility. The Director shall initiate such studies as he deems necessary for the initial characterization of such sites. Within 9 months of such action, the Director shall select at least 3 sites for characterization as alternative locations for the permanent disposal
] facility. The Director shall provide for public participation in the selection process and shall hold at least one public hearing prior to his
- j. decision.
(d) Not later than 18 months after the selection of alternative sites, i
' the Department shall complete, in cooperation with the Illinois Geological and Water Surveys, an environmental impact study on the proposed sites and any other characterization studies the Director deems necessary. Not later than one year af ter the completion of these environmental impact studies, the
, Director shall select a site for the development of a permanent low-level radioactive waste disposal facility. The Director shall hold at least one
! public hearing in each community selected for site characterization and shall l
i hold additional hearings at the request of the local comunity, I
(e) The counties or municipalities in which the three or more alternative sites for the permanent disposal facility selected by the Director are located shall be eligible to receive State matching grants for siting reviews. Such 1
local governments incurring expenses attributable to the review of a proposed site may apply to the Department for a grant of up to 50% of its siting costs, up to a maximum of $50,000. Upon approval by the Director, the Department may make such grants to local governments from the fees collected pursuant to Section 13. Such grants shall be used by local governments solely for its expenses or the hiring of expert consultants relating to the review of the 1
technical suitability of a proposed site.
I Section 11. Interim Waste Management Requirements.
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Requirements for Interim Waste Management. The Department shall initiate the procedures necessary to provide for the temporary management of low-level radioactive wastes after January 1,1986 until a permanent disposal facility 1
i is operational. Not later than September 1, 1985, the Department shall l
develop an Interim Low-level Radioactive Waste Management Plan to provide for !
the temporary handling of such wastes. Such plan shall be adopted only after adequate public participation has been provided for and at least one public
! hearing has been held. The Interim Plan may provide for waste disposal in
{ another State or for storage in Illinois at a temporary site or for any other 4
feasible and environmentally sound means of managing such wastes.
I l Section 12. Waste Facility Siting Criteria.
(a) Any location selected for the development and operation of a facility j for the storage, treatment or disposal of low-level radinactive wastes away from the point of generation shall meet all of the following criteria:
)' (1) The site shall be located so that the public health, safety and welfare will be protected.
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(2). The site shall be located in a suitable geological and hydrologTc'al medium.
(3) The site shall be located so as to minimize the possibility of radioactive releases into groundwaters utilized as public water supplies.
(4) The site shall be located outside the boundary of the 100 year flood plain as determined by the Department of Transportation.
(5) The site shall be located so as to consider the distance necessary for the transportation of low-level wastes and so that the impact on existing traffic flows is minimized.
(b) No low-level radioactive waste disposal facility shall be located in or within 11/2 miles of the boundaries of any municipality unless approval is given by the governing body of that municipality.,
Section 13. Waste Fees.
(a) The Department shall collect a fee from each generator of low-level radioactive wastes in this State. Except as prcvided in subsection (b), the amount of the fee shall be $50.00 or the following amount, whichever is greater:
(1) $1 per cubic foot of waste shipped for storage, treatment or disposal if storage of such waste for shipment occurred prior to September 7, 1984; '
(2) $2 per cubic foot of waste stored for shipment if storage of such waste occurs on or after September 7,1984, but prior to October 1, 1985; (3) $3 per cubic foot of waste stored for shipment if storage of such waste occurs on or after October 1, 1985; (4) $2 per cubic foot of waste shipped for storage, treatment or disposal if storage of such waste for shipment occurs on or after l September 7,1984 but prior to the effective date 'of this Amendatory Act of 1985, provided that no fee has been collected previously for storage of such waste; (5) $3 per cubic foot of waste shipped for storage, treatment or disposal if storage of such waste for shipment occurs on or after October 1,1985, provided that no fees have been collected previously for storage of such waste.
Such fees shall be collected annually or as determined by the Department and shall be deposited in the low-level radioactive waste funds as provided in Se.ction 14.
(b) Each nuclear power reactor in this State for which an operating license has been issued by the Nuclear Regulatory Commission shall not be
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subject to thg. fee required by subsection (a) with respect to (1) waste stored
. for shipment if storage of such waste occurs on or afte *. January 1,1986; and (2) waste shipped for storage, treatment or disposal if storage of such waste for shipment occurs on or after January 1,1986. In lieu of such fee, each such reactor shall be required to pay an annual fee of $90,000 for the treatment, storage and disposal of low-level radioactive waste. Such fee shall be due and payable on January 1st of each year, beginning January 1, 1986.
(c) The Department shall promulgate rules and regulations establishing standards for the collection of the fees authorized by this Section. Such regulations shall include, but need not be limited to:
(1) the records necessary to identify the amounts of low-level radioactive wastes produced; (2) the form and submission of reports to accompany the payment of fees to the Department; and (3) the time and manner of payment of fees to the Department, which payments shall not be more frequent than quarterly.
- (d) At least one year previous to the date when a waste storage, treatment or disposal facility away from the point of generation is expected to become operational in Illinois, the Department shall propose to the General
- Assembly for adoption, a system of fees for the storage, treatment or disposal of low-level radioactive wastes at such facility. Such a fee system shall be based on the volume and the degree of radioactive hazard of such wastes and the degree of treatment of the wastes and shall ensure the collection of an amount sufficient to cover all of the necessary costs for the proper operation, closure, post-closure care and compensation of persons suffering
, damages and losses involved with the permanent disposal facility.
l The Department shall hold at least one public hearing before submitting a l proposed fee system to the General Assembly.
j Section 14. Waste Management Funds.
(a) There is hereby created in the State Treasury a special fund to be
! known as the " Low-level Radioactive Waste Facility Development and Operation
, Fund". The Department shall deposit 80% of all receipts from the fees i
required under Section 13 in the State Treasury to the credit of this Fund.
The Caneral Assembly may appropriate monies in the Fund in amounts it deems
) necessary for:
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! (1) hiring personnel and any other operating and contingent expenses 1
necessary for the proper administration of this A t; 4
{ (2) conducting the environmental impact studies and other
- characterization studies provided for in Section 10; i (3) conducting the public hearings and providing for public j
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] participajign pursuant to Section 10; (4) contracting with any firm for the purpose of carrying out the purposes of this Act; and (5) payment of fees in lieu of taxes to a local government having within its boundaries a permanent disposal facility; and (6) payment of grants to local governments for the technical review of proposed sites pursuant to Section 10.
(b) There is hereby created in the State Treasury a special fund to be known as the " Low-level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund". The Department shall deposit 20% of all receipts from the fees required under Section 13 in the State Treasury to the credit of this Fund. The General Assembly may appropriate all monies in the Fund in amounts it deems necessary for:
(1) decommissioning and other procedures required for the proper closure of the permanent disposal facility; (2) monitoring, inspecting and other procedures required for the proper post-cicsure care of such facility; (3) taking any remedial actions necessary to protect human health and the environment from releases or threatened releases of wastes from such facility;
! (4) the purchase of facility, and third-party liability insurance necessary during the institutional control period of a facility; and (5) compensating any person suffering any damages or losses to a person or property caused by a release from such facility as provided for in Section 15.
(c) Montes in tha Low-Level Radioactive Waste Facility Closure, Post-i
' Closure Care and Compen.;ation Fund shall be invested by the Department in the manner required by law of other State monies, provided that any interest accruing as a result of such investment shall accrue to this special Fund.
(d) The Department may accept for any of its purposes and functions any donations, grants of money, equipment, supplies, materials and services from any state or the United States, or from any institution, person, firm or corporation. Any donation or grant of money shall be deposited in the low-level radioactive waste funds as provided in this Section.
Section 15. Compensation.
I (a) Any person may apply to the Department pursuant to this Section for l compensation of a loss caused by the release, in Illinois, of radioactivity '
. from a low-level radioactive waste facility. The Department chall prescribe appropriate forms and procedures for claims filed pursuant to this Section, i
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which shall include, as a minimum, the following:
(1) Provisions requiring the claimant to make a sworn verification of the claim to the best of his or her knowledge.
(2) A full description, supported by appropriate evidence from government agencies, of the release of the radioactivity claimed to be the cause of the physical injury, illness, loss of income or property damage.
(3) If making a claim based upon physical injury or illness, certification of the medical history of the claimant for the 5 years preceding the date of the claim, along with certification of the alleged physical injury or illness and expenses for such physical injury or
- illness, made by hospital s, physicians or other qualified medical
! authorities, i
(4) If making a claim for lost income, information on the claimant's income as reported on his or her Federal income tax return or other document for the preceding 3 y3ars in order to compute lost wages or income.
(b) The Department shall hold at least one hearing, if requested by the claimant, within 60 days of submission of a claim to the Department. The Director shall render a decision on a claim within 30 days of the hearing unless all of the parties to the claim agree in writing to an extension of l time. All decisions rendered by the Director shall be in writing, with l
, notification to all appropriate parties. Such decision shall be considered a final administrative decision for the purposes of judicial review.
(c) The following losses shall be compensable pursuant to this Section, provided that the Department has found that the claimant has established, by the weight of the evidence, that such losses were proximately caused by the designated release and are not otherwise compensable pursuant to law:
, (1) One hundred percent of uninsured, out-of-pocket medical l I
expenses, for up to 3 years from the onset of treatment; l (2) Eighty percent of any uninsured, actual lost wages, or business tacome in lieu of wages, caused by injury to the claimant or the claimant's property, not to exceed $15,000 per year for 3 years; d
. (3) Eighty percent of any losses or damages to real or personal property; and (4) One hundred percent of costs of any remedial actions on such
- property necessary to protect human health and the environment.
(d) No claim may be presented to the Department pursuant to this Section
- later than 5 years from the date of discovery of the damage or loss.
l (c) Compensation for any damage or loss pursuant to this Section shall preclude indemnification or reimbursement from any other sourca for the 4
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. I identical dar*qe.or loss, and indemnification or reimbursement from any other source shal'. 3reclude compensation pursuant to this Section.
(f) The Department shall adopt, and revise when appropriate, rules and regulations necessary to implement the provisions of this Section, including methods that provide for establishing that a claimant has exercised reasonable diligence in satisfying the conditions of the application requirements, for specifying the proof necessary to establish a damage or loss compensable pursuant to this Section and for establishing the administrative procedures to be followed in reviewing claims.
(g) Claims approved by the Director shall be paid from the Low-Level Radioactive Waste Facility Closure, Post-Closure Care and Compensation Fund, except that claims shall not be paid in excess of the amount available in the Fund.
In the case of insufficient amounts in the Fund to satisfy claims against the Fund, the General Assembly may appropriate monies to the Fund in amounts it deems necessary to pay such claims.
Section 16. Prohibitions.
Unless otherwise exempt by Federal or State law or regulation, no person shall dispose of any low-level radioactive waste in Illinois other than at a facility licensed by the Department pursuant to Section 8.
Section 17. Penalties.
(a) shall be Any person violating Secticn 16 shall be guilty of Class 4 felony and subject to a civil penal ty not to exceed $100,000 per day of violation. -
(b) Any person operating any facility in violation of Section 8 shall be subject to a civil penalty not to. exceed $100,000 per day of violation.
(c) Any person failing to pay the fees provided fur in Section 13 shall be paid.liable to a civil penalty not to exceed 4 times the amount of the fees not (d) Su:h criminal violations shall be prosecuted by the Attorney General at the request of the Department and such civil penalties are recoverable in an action brought by the Attorney General on behalf of the State in the circuit court in which the violation occurred. All amounts collected from fines under this Section shall be deposited in the Low-Level Radioactive Vaste Facility Closure, Post-Closure Care and Compensation Fund.'
Section 1E. Review Under Administrative Review Law.
Judicial Review. Any person affected by a final order or determination of the Department may obtain judicial review, by filing a petition for review within 90 days after the entry of the order or other final action complained of, pursuant to the provision of the Administrative Review Law, as amended, and the rules adopted pursuant thereto.
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l Section ( k Agreement State Status.
t The Governor, on behalf of this State, is authorized to enter into agree- -l ments with the Federal Government providing for discontinuance. of certain of
' the Federal Government's responsibilities with respect to low-level waste disposal.
' In accordance with P.L.86-373, Secticn 274b of the Atomic Energy Act, and the Notice, published in the Federal Register, Vol. 45, No.15, January 23, 1981, (7540-7546) " Criteria for Guidance of States and NRC in Discontinuance i of NRC regulatory Authority and Assumption thereof by States through '
Agreement", the Governor is hereby authorized to enter into Full or Limited Agreement State Status for Low-Level Waste Disposal with the Federal t
Governx nt for regulatory authority over radioactive byproduct, source and special nuclear material as defined in Section 11e(1) and Section 11e(2) of the Atomic Energy Act.
1 Section 20. Confirmation of Compact Commissioner.
1 The Illinois representatives to the Central Midwest Interstate Low-Level Radioactive Waste Commission appointed by the Governor shall be subject to confirmation by the Senate. ,
1 Section 21. Shared Liability.
i i Any state which enacts the Midwest Interstate Low-Level Radioactive Waste Compact and has as its resident a generator shall be liable for the cost of l post-closure care in excess of funds available from the Low-Level Radioactive l
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Waste Facility Closure, Post-Closure Care and Compensation Fund or from any 1 liability insurance or other means of establishing financial responsibility in an amount sufficient to provide for any necessary corrective actions or
, liabilities arising during the period of post-closure care. The extent of such liability shall not be in excess of the prorated share of the volume of waste placed in the facility by the generators of each state which has enacted !
the Midwest Interstate Low-Level Radioactive Waste Compact. j
- Section 22. Selection as host state of waste . treatment or disposal facility--Withdrawal from compact.
i t Upon Illinois being selected as a host state pursuant to the Midwest
- Interstate Low-Level Radioactive Waste Compact, the Governor shall withdraw i Illinois as a to Section (1) party to such of Article VIIIcompact within the of the Compact 90 day if the periodManagement Regional allowed pursuant Plan adopted by the Compact Commission does not contain provisions which designate
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at least one other state in the region to host a low-level radioactive waste treatment or disposal Facility.
Section 23. Selection as host state--Approval of General Assembly.
Selection of Illinois as a host state to site a low-level radioactive 6
waste disposal facility pursuant to the Midwest Interstate low-level Radioactive Waste Compact shall be predicated on the condition that such
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designation p.,the Midwest Interstate Low-Level Radioactive Waste Comission shall not be effective unless and until such selection is approved by Joint Resolution of tre Illinois General Assembly within the 90specifically day (i) ofperiod allowing a host state to withdraw pursuant to Article VIII, Section the Compact.
Section 24. Advisory comittee--Withdrawal from compact.
Notwithstanding Illinois as a host statethe provisions by the Compactof Section 23, upon the designation of shall be constituted. Comission, an advisory comittee Such advisory comittee shall be composed of the president of the Senate, the Minority Leader of the Senate, the Speaker of the House and the Minority Leader of the House, or their designees, and a designee of the Governor other than the official Illinois Compact Comissioner. The advisory committee shall meet as soon as practicable for the sole purpose of deciding whether or not Illinois shall withdraw from the Compact within the 90 day period which begins upon the designation of Illinois as a host state. The decision of the majority of the members of the advisory committee shall be binding upon the Governor and the Illinois Compact Comissioner. This Section shall the not apply Compact if thetoGovernor pursuant is required to withdraw Illinois as a party to Section 22.
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l AN ACT relating to radiation protection and prescribing functions, powers and duties relating to the regulation of the uses of sources of ionizing radiation which are or may be detrimental to nealth; and authorizing the Governor on behalf of the State to enter an agreement with the Federal Government.
Ill . Rev. Stat.1983, ch.111 1/2, par. 211-229 l l
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RADIAT!0f! PROTECTICf! ACT 4
l Section 211. Title.
- i 1. This Act shall be known and may be cited as the " Radiation e
Protection Act."
Section 212. Public policy 5 2. Whereas ionizing radiations and their sources can be instrumental in the improvement of the health and welfare of the public if properly utilized, j and may be destructive or detrimental to life or health if carelessly or excessively employed or may detrimentally affect the environment of the State j if improperly utilized, it is hereby declared to be the public polii:y of this
} State to encourage the constructive uses of radiation and to prohibit and i prevent exposure to ionizing radiation in amounts which are or may be i
detrimental to health. It is further the policy to advise, consult and cooperate with other agencies of the State, the Federal Government, other States and interstate agencies and with affected groups, political sub-l divisions and industries; and, in general, to conform as nearly as possible to nationally accepted standards in the promulgation and enforcement of codes, rules and regulations.
Section 212a. Purpose i 2a. It is the purpose of this Act to effectuate the policies set forth in Section 2 by providing for:
- (1) a program of effective regulation of radiation sources for the j protection of human health, welfare and safety; 1
(2) a program to promote an orderly regulatory pattern within the
- State, among the States and between the Federal Government and the State I
and facilitate intergovernmental cooperation with respect to use and i regulation of sources of ionizing radiation to the end that duplication of j regulation may be minimized;
! (3) a program to establish procedures for assumption and performance
- of certain regulatory responsibilities with respect to by-product, source and special nuclear materials; and (4) a program to permit maximum utilization of sources of ionizing
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4 radiation consistent with the health and safety of the public.
Section 213. Definitions "
5 3. The words and phrases used in this Act shall have the meanings set forth in Sections 3.1 to 3.15, inclusive.
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Section 213.1. By-product material 5 3.1 "By-product material" means any radioactive material except special nuclear material) yielded in or made radioactive by exposure (to the -
radiation incident to the process of producing or utilizing special nuclear material.
Section 213.2. Department i 3.2 " Department" means the Department of Nuclear Safety in the State of Illinois.
Section 213.3. Director i 3.3 " Director" means the Director of the Department of Nuclear Safety.
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Section 213.4. General license i 3.4 " General license" means a license, pursuant to regulations promulgated by the Department, effective without the filing of an application to transfer, acquire, own, possess or use quantities of, or devices or equip-ment utilizing by-product, source or special nuclear materials.
Section 213.5. Person '
! 3.5 " Person" means any individual, corporation, partnership, fi .m ,
association, trust, estate, public or private institution, group, agench political subdivision of this State, any other State or political subdivision i
or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission,
! or any successor thereto, and other than federal government agencies licensed
! by the United States Nuclear Regulatory Commission, or any successor thereto.
Section 213.6. Radiation--Ionizing radiation l 53.6 " Radiation" or " ionizing radiation" means gamma rays and X-rays, t
alpha and beta particles, high speed electrons, neutrons, protons, and other i
' nuclear particles; but not sound or radio waves, or visible, infrared or ultraviolet light.
Section 213.7. Radiation installation i 3.7 " Radiation installation" is any location or facility where radiation machines are used or where radioactive material is produced, trans-ported, stored, disposed of or used for any purpose.
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I Section 213.8. Radiation machine i
- I 3.8 " Radiation machine" is any device that produces radiation when in use. -
Section 213.9. Radioactive material i 3.9 " Radioactive material" means any solid, liquid or gaseous substance which emits radiation spontaneously.
Section 213.10 Radiation source--Source of ionizing radiation j i 3.10 " Radiation source" or " source of ionizing radiation" means a j radiation ma:: hine or radioactive material as defined herein.
i j Section 213.11. Source material i 3.11 " Source material" means (1) uranium, thorium, or any other material which the Department declares by order to be source material after the United States Nuclear Regulatory Commission, or any successor thereto has i
' determined the material to be such; or (2) ores containing one or more of the foregoing materials, in such concentrations as the Department declares by i
order to be source material after the United States Nuclear Regulatory i Commission, or any successor thereto, has determined the material in such concentration to be source material.
Section 213.12. Special nuclear material I 3.12 "Special nuclear material" means (1) plutonium, uranium 233, uraniem enriched in the isotope 233 or in the isotope 235, and any other material which the Department declares by order to be special nuclear material after the United States Nuclear Regulatory Commission, or any successor l thereto, has determined the material to be such, but does not include source j
material; or (2) any material artificially enriched by any of the foregoing, but does not include source material.
! Section 213.13. Specific license i 3.13 " Specific license" means a license, issued after application, to l use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing radioactive materials.
l Section 213.14. Radiation emergency l'3.14 " Radiation emergency" is the uncontrolled release of radioactive l
material from a radiation installation which poses a potential threat to the public health, welfare and safety.
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Section 213.M r Accreditation i 3.15 " Accreditation" means the process by which the Department of Nuclear Safety grants permission to persons meeting the requirements of this Act and the Department's rules and regulations to engage in the practice of administering radiation to human beings.
Section 214 Limitations on application of radiation to human beings i 4. No person shall intentionally administer radiation to a human being unless such person is licensed to practice a treatment of human ailments by virtue of the Illinois Medical, Dental or Podiatry Practice Acts, or, as technician, nurse or other assistant, is acting under the supervision, pre- l scription or direction of such licensed person. However, no such technician, '
nurse or other assistant acting under the supervision of a person licensed under the " Medical Practice Act", approved June 30, 1923, as amended, or under !
"An Act to regulate the practice of podiatry in the State of Illinois", ,
approved April 26, 1917, as amended, shall administer radiation ta human j Mings after January 1,1984 unless accredited by the Departraent of Nuclear 1 Safety, except that persons enrolled in a course of education approved by the !
Department of Nuclear Safety may apply ionizing radiation to human beings when under the direct supervision of a person licensed under the Medical Practice Act or "An Act to regulate the practice of podiatry in the State of Illinois",
approved April 26, 1917, as amended. No person authorized by this section to apply ionizing radiation shall apply such radiation except to those parts of the human body specified in the Act under which such person or his supervisor is licensed. No person may operate a radiation installation where ionizing radiation is administered to human beings unless all persons who administer ionizing radiation in that radiation installation are licensed, accredited or exempted in recordance with this Section. Nothing in this Section shall be deemed to relieve a person from complying with the provisions of Section 6a.
Section 214.1. Administrators of radiation--P.ules and regulations-- 1 Education--Accreditation based on experience
$ 4.1 The Department shall promulgate such rules and regulations as are necessary to establish accreditation standards and procedures, including a ,
minimum course of education and continuing education requirements in the l administration of radiation to human beings to be met by all nurses, I technicians, or other assistants who administer radiation to human beings i under the supervision of a person licensed under the Illinois Medical or Podiatry Practice Acts. Such rules and regulations may provide for different classes of accreditation based on evidence of national certification, clinical experience or community hardship as conditions of initial and continuing accreditation. The rules and regulations of the Department shall be consistent with national standards in regard to the protection of the health and safety of the general public. The Department shall by rule or regulation i provide for accreditation based upon experience and skill for nurses, I technicians, and other assistants who have been employed, in the field o.f administering radiation to human beings, for at least 3 years prior to January 1, 1980 and not less than 12 months between January 1, 1980 and December 31, ,
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b 1983, inclusive, or for not less than 24 of the 48 months immediately preceding January 1,1984. Persons who have had such experience shall be accredited by the Department to perform specific radiation procedures without passing an examination when the Department receives writMn assurance from an in.dividual licensed under the Medical Practice Act or "An Act to regulate the practice of podiatry in the State of Illinois", approved April 26, 1917, as amended, that the applicant has the necessary skill and qualifications for accreditation. Such accreditation shall be specific to the equipment, i procedures and supervision specified in the statement of assurance. The i
Department shall accredit such person for other equipment, procedures or supervision within the original category of accreditation if it receives additional written assurance from a licensed individual which states that the person accredited has the necessary skill and qualifications for the
- additional equipment, supervision or peccedures.
- Section 214.2. Administrators of. radiation--Applications for l accreditation and renewal--Fees-Fund
! l 4.2 Applications for accreditation and renewal shall be made upon forms
- prescribed and furnished by the Department and shall be accompanied by the L
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 5 years, or for a lesser period as established by rule for accreditation based upon conditions of community hardship. The Department may ;
j deny an application for accreditation or renewal, or may suspend or revoke )
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- reditation under standards and procedures established by the Department.
I i The application fee for accreditation or renewal shall be $25. The Department shall not impose an examination fee.
Except as provided in Section 8c, the fees collected under this Section !
! shall be deposited into the Radiation Administration Protection Fund, a !
special fund in the State Treasury. Until July 1,1986, appropriations for !
expenses of the Department for the implementation and enforcement of this 1 l Section and Section 7.1 of this Act shall be payable from the' Radiation !
Administration Protection Fund. After payment of all obligations incurred !
prior to July 1, 1986, the balance of any monies in the Radiation l Administration Protection Fund shall be deposited in the Radiation Protection Fund established by Section 8c, expenditures of such monies shall be governed by that Section, and the Radiation Administration Protection Fund shall be e
abolished.
[ Section 215. Interchange of radiation sources
- 55. The sale, lease, transfer or loan of radiographic or fluoroscopic or
- therapeutic x-ray equipment or radioactive material, or the supplies apper-taining thereto, to any person except to persons engaged in an occupation where such use is permitted, and except to hospitals, infirmaries, and schools, institutions and clinics of medicine, dentistry or podiatry is prohibited. However, this section shall not apply to persons intending to use such equipment, material or supplies solely for the application of radiation a
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!' to other than human beings, nor to the acquisition of such equipment, materials or supplies by wholesalers, distributors or retailers in the regular course of their trade or business. Nothing in this Section shall be deemed to relieve a person from complying with the provisions of Section 6a of this Act. -
Section 216. Rules and regulations
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l 6. No person shall use radiation in contravention of such rules and regulations as the Department may make relating to the control of ionizing l radiation.
i Section 216a. Licensing of certain sources of ionizing radiation
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} l 6a. (1) The Department shall provide by Rule or Regulation for general
! or specific licensing of by-product materials, source materials, special i nuclear materials, or devices or equipment utilizing or producing such i materials. Such Rule or Regulation shall provide for amendment, suspension,
- or revocation of licenses.
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- (2) The Department is authorized to require registration of other sources of ionizing radiation.
t l (3) The Department is authorized to exempt certain sources of ionizing 1 radiation or kinds of uses or users from the licensing requirements set forth
- in this section when the Department makes a finding that the exemption of such
! sources of ionizing radiation or kinds of uses or users will not constitute a significant risk to health and safety of the public.
(4) The Department is authorized to enforce rules pertaining to labeling,
+ handling, packaging, transferring and transporting radiation sources.
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! (5) The Department is authorized to require licensees to provide adequate i financial assurances such as surety bonds, cash deposits, certificates of
! d: posit, or deposits of government securities to protect the State against i
- costs in the event of site abandonment or failure of a licensee to meet the Department's requirements. l (6) The Department is authorized to promulgate rules establishing radiation exposure limits for given population groups, including differential exposure limits based on age. .
- (7) Rules and Regulations promulgated to this Act may provide for
- recognition of other State or Federal licenses as the Department may deem i desirable, subject to such registration requirements as the Department may j prescribe.
(8) This Section shall not be applicable to radiation sources or materials regulated by the United States Nuclear Regulatory Commission until an agreement or agreements have been entered into pursuant to Section 6b of this Act, i
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. . -7 l Section 216b. Federal-State Agreements s
I 6b. (1) The Governor, on behalf of this State, is authorized to enter into agreements with the Federal Government providing for discontinuance of certain of the Federal Government's responsibilities with respect to sources of ionizing rad'iation and the assumption thereof by this State.
(2) Any person who, on the effective date of an agreement under subsec-tion (1) above, possesses a license issued by the Federal Government governing I
activities for which the Federal Government, pursuant to such agreement, is transferring its responsibilities to this State shall be deemed to possess the l
same pursuant to a license issued under this Act, which shall expire 90 days after the receipt from the Department of a notice of expiration of such
- license, or on the date of expiration specified in the Federal license, whichever is earlier.
(3) At such time as Illinois enters into a Federal-State Agreement in i
accordance with the provisions of this Act, the Department shall license and
, collect license fees from persons operating radiation installations and having j such devices or equipment utilizing or producing radioactive materials but l licensure shall not apply to any x-ray machine, including those located in an office of a licensed physician or dentist.
Af ter a public hearing before the Department, the fees and collection procedures shall be prescribed under Rules l l and Regulations for Protection Against Radiation Hazards promulgated under I this Act.
l Section 216c. State Licensure of the use, manufacture or distribution of radioactive materials or devices or equipment utilizing or producing such materials not regulated by the United States Nuclear Regulatory Commission i 6c. Except as otherwise provided in this Act, no person shall utilize, manufacture, or distribute radioactive materials or devices or equipment utilizing or producing such materials in this State with the exception of those materials or devices regulated by the Nuclear Regulatory Commission, without first securing a license. After public hearing, the Department shall l adopt Rules and Regulations for:
(1) The issuance of licenses; l (2) The utilization, manufacture and distribution of such i radioactive materials or devices or equipment utilizing or producing such materials; and l (3) The amendment, suspension or revocation of licenses.
The Department may, by Rule and Regulation, exempt certain sources of radiation or kinds of radiation or users from the licensure and fee requirements of this Section when the Department makes a finding that such exemption will not constitute a significant risk to the health and safety of the public. Federal agencies are exempt from the licensure and fee requirements of this Section. State, county, and municipal governmental agencies and educational institutions shall be subject to licensure, but are exempt from fee requirements of this Section.
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1-Applications
- for licenses shall be made upon forms prescribed and furnished by the Department and shall be accompanied by the fees provided herein. Licenses snall expire according to a schedule determined by the Department. Applications for subsequent licenses shall be made 30 days prior to expiration date.
- The application fee fo- the use of such radioactive materials shall be at a rate ,of $50,00 per year for the number of years for which the license will be issued. The total fee shall be paid at the time the application is made.
The application fee for manufacturers and/or distributors of such radioactive materials or devices or equipment utilizing or producing such materials shall be at a rate of $100.00 per year for the number of years for which the license will be issued. The total fee shall be paid at the time the application is made. At such time Illinois enters into a Federal-State Agreement, all
- application and license fees shall be determined in accordance with Section 216.b of this Act, i Each application fee shall be paid to- the Department by separate check or
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United States money order in amount of the application fee only and any
- application fee or any part thereof, once paid shall not be refunded, in the event an application for a license is rejected. Should a licensee terminate his license voluntarily prior to the expiration date, a prorated refund will be issued by the State of Illinois for those full years in which the license j will not be in effect.
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This Section shall not apply to any x-ray machine including those located j in an office of a licensed physician or dentist. i Section 217. Radiation Protection Advisory Council i 7. There shall be created a Radiation Protection Advisory Council l consisting of 7 members to be appointed by the Governor on the basis of j demonstrated interest in and capacity to further.the purposes of this Act and who shall broadly reflect the varied interests in and aspects of atomic energy l and ionizing radiation within the State. The Director of the Department of
- Labor and the Chairman of the Commerce Commission or their representatives i shall be ex-officio members of the Council.
- iembers of the Council shall be appointed for 4 year terms, except that, of the initial members, the terms of 2 shall expire at the end of the first year, 2 at the end of the second year, and 3 at the end of the third year.
Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall. be appointed for the remainder of such term. The Chairman of the Council shall be selected by and from the Council membership. The Council members shall serve without compensation but shall be reimbursed for their actual expenses incurred in line of duty. The Council shall meet as often as the Chairman deems necessary, but upon request of 4 or more members it shall be the duty of the l Chairman to call a meeting of the Council. '
It shall be the duty of the Council to assist in the formulation of and to i review the policies and program of the Department as developed under authority l l
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l of this Act and to make recommendations thereon and to provide the Department l with such technir61 advice and assistance as may be requested. The ' Council may employ such professional, techn ical , clerical and other assistants, without regard to the civil service laws or the " Personnel Code" of this State, as it deems necessary to carry out its duties.
Section 217.1. Radiologic Technology Accreditation Board i 7.1 (A) There shall be created a Radiologic Technology Accreditation Board consisting of 12 members to be appointed by the Governor on the basis of demonstrated interest in and captcity to further the purposes of this amendato,'y Act of 1982; one physician licensed to practice medicine in all its !
branches specializing in nuclear medicine; one physician licensed to practice l i medicine in all its branches, specializi J in diagnostic radiology; one .
physician licensed to practice medicine in all its branches specializing in therapeutic radiology; one physician license: to practice medicine in all its branches who does not specialize in radiology; one medical radiation physicist; one dentist; one radiologic technologist (radiography); one radiologic technologist (nuclear medicine); one radiologic technologist (therapy); one c'.iropractor; one podiatrist; and one registered nurse. The Director of t% Department of Nuclear Safety or his representative shall be an ex officio member of the Board with voting privileges in case of a tie. The Board may appoint consultants to assist' in administering this amendatory Act of 1982.
, (B) Any person serving on the BQard who is a practitioner of a profession
! or occupation required to be accredited pursuant to this amendetr Act of l 1982, shall be the holder of an appropriate accreditation issued by the State,
! except in the case of the initial Board members.
. (C) Members of the Board shall be appointed for 3 year terms, except that l of the initial members, the terms of 4 shall expire at the end of the first year, 4 at the end of the second year, and 3 at the end of the third year.
Any member appointed to fill a vacancy occurring prior to the expiration of l the term for which his predecessor was appointed shall be appointed for the l remainder of such term. No more than 2 successive terms shall be served by a l Board member.
(D) The Chairman of the Board shall be selected by and from the Board membership.
(E) The Board members shall serve without compensation but shall be reimbursed for their actual expenses incurred in the line of duty. ,
(F) All members of the Board shall be legal residents of the State and shall have practiced for a minimum period of 2 years immediately preceding appointment.
(G) The Board shall meet at least once a year, and at other times on the call of the Chairman or by a majority of the Board membership.
(H) The Bcard shall advise, consult with and make recommendations to the Department with respect to accreditation requirements to be promulgated by the
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(I) Individuals who serve on advisory boards of the Department of Nuclear Safety shall be defended by the Attorney General and indemnified for all actions allegirig a violation of any duty arising within the scope of their service on such advisory board. Nothing contained herein shall be deemed to afford defense or indemnification for any willful or wanton violation of law. Such defense and indemnification shall be afforded in accordance with the terms and provisions of "An Act to provide for representation and indemnification in certain civil lawsuits", approved December 3,1977, as now or hereafter amended.
Section 218. Functions and powers of Department I 8. The Department shall administer this Act and promulgate by codes,
< rules, regulations, or orders such standards and Instructiuns to govern the possession and use of any radiation source as the Department may deem necessary or desirable to protect the public health, welfare and safety.
Section 218.1. Policies and programs 5 8.1 The Department shall develop comprehensive policies and programs for the evaluation and determination of exposures associated with the use of radiation, and for their control.
Section 218.2. Public hearings i 8.2 The Department shall hold public hearings, receive pertinent and relevant proof from any party in interest who appears before the Department, make findings of facts and determinations, all with respect to the violations of the provisions of this Act or codes, rules, regulations or orders issued pursuant theretc.
Section 218.3. Proceedings to compel compliance
- 5. 8.3 The Department shall institute or cause to be instituted in the circuit court proceedings to compel compliance with the provisions of this Act or Codes, rules, regulations c:- orders issu+A pursuant thereto.
Section 218.4. Advice, consultation, cooperation i 8.4 The Depad. ment shall advise, consult, and cooperate with other agencies of the State. the Federal Government, other States and interstate agencies, and with afrated groups, political subdivisions, and industries.
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_11 Section 218.5._ Loans, grants, gifts 5 8.5 The Department shall accept and administer according to law loans, grants, or other funds or gifts from the Federal Government and from other
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sources, public or private, for carrying out its functions under this Act.
Section 218.6. Studies, investigations, training, research, and demonstrations 5 8.6 The Department shall encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to the control or measurement of radiation, the effects on health of exposure to radiation, and related problems as it may deem necessary or advisable in the discharge of its duties under this Act.
j Section 218.7. Health education information i 8.7 The Department shall collect, maintain and disseminate health education information relating to radiation.
Section 218,8. Plans and specifications 58.8 The Department shall with respect to radiation installations and radiation sources, responsibility for which has been trans ferred by the Federal Government to this State, review and approve plans and specifications for radiation installations and radiation sources admitted pursuant to codes, rules or regulations promulgated under this Act.
Section 218.9. Inspection and testing--Fees-Fund i 3.9 (a) The Department shall inspect and test .adittion 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 fee for such inspection shall be $35 per radiation machine payable upon application for inspection and in accordance with the schedule as defined in sunsection (e) of this Section.
(b) In lieu of inspections by the Department, an operator of a radiation installation may elect to utilize the services of a nondepartment qualified i inspector, as defined in subsection (d) to inspect and test radiation machines i utilized therein. A Radiation Inspection Report shall be filed in accordance j with subsection (e), on forms prescribed by the Department. There shall be a
$25 filing fee paid to the Department for each completed Radiation Inspection Report. For purposes of this Section, operator shall mean individual, group of :ndividuals, 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 or an application for a Radiation Inspection Report form and pay the appropriate fee in accordance with schsection (a) or (b) of !
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! this Section no later th6n 30 days after the initial installation .of i equipment. Thereafter, applications for inspections or report forms shall be i i nade in accordance with subsection (e). In the event of changes in or i
installation of new equipment during the last 90 days of a period for which an inspection or report has been made no interim filing shall be required.
(d) A nondepartment inspector is considered qualified if his or her credentials satisfy the criteria established by the Radiation Protection ,
Advisory Council and approved by the Department. The inspection shall be in '
accordance with standards established by the Department for determining
, whether or not such radiation levels are within limits prescribed by
- regulations to protect public health. The nondepartment qualified inspector shall certify the Radiation Inspection Report to the Department. Each ,
. Radiation Inspection Report shall contain inspection data which requires '
l assessment of radiation exposures to patients, workers and the general public. l (e) For purposes of this Section, radiation installations shall be j defined as any location or facility where x-ray machines are used and shall be '
divided into 3 classes- l l
C' ss A--Class A shall include all x-ray machines located in dental !
of' ., and clinics and used sol ely for dental diagnosis or located in l 1 vecinary offices and used solely for diagnosis. Operators of Class A 1
? installations shall apply for inspection or file a Radiation Inspection Report each 3 years fro:n the date of initial filing. Fees shall be in accordance with subsection (a) or (b) of this Section. .
i.
Class B--Class B shall include all x-ray machines located in offices or ,
l clinics of persons licensed under the " Medical Practice Act", approved June '
30, 1923, as amended, or under "An Act to regulate the practice of podiatry in the State of Illinois", approved April 26, 1917, as amended, and used solely far diagnosis or therapy. Operators of Class B installations shall apply for inspection or file a Radiation Inspection Report each 2 years from the date of i initial filing. Fees shall be in accordance with subsection (a) or (b) of
/ this Section.
Class C--Class C shall include all x-ray machines which are not classified as Class A or Class B. Operators of Class C installations shall apply for inspection or file a Radiation Inspection Report annually from the date of initial filing. Fees shall be in accordance with subsection (a) or (b) of this Section..
(f) Except as provided in Section 8c, the fees collected under this Section shall be deposited into the Radiation Inspection Fund, a special fund in the State Treasury. All monies within the Radiation Inspection Fund shall be invested by the State Treasurer in accordance with established investment 3
practices. Interest earned by such investment shall be returned to the Radiation Inspection Fund. Until July 1,1986, monies deposited in this fund
! shall be expended by the Director only to support the activities mandated in this Section. Af ter payment of all obligations incurred prior to July 1, g '
1986, the balance of any monies in the Radiation Inspection Fund shall be deposited in the Radiation Protection Fund established by Section 8c, i expenditures of such monies shall be governed by that Section, and the j Radiation Inspection Fund shall be abolished.
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] (g) The DepVtment is authorized to mainiain a facility for the purpose j of calibrating radiation detection and measurement instruments in accordance with national standards. The Department may make calibration services I available to public or private entities within or outside of Illinois and may l
- assess a reasonable fee for such services, l
- Section 218.10. Investigation of violations l 5 R.10 The Department shall cause an investigation to be made upon j receipt of information concerning a violation of the provisions of this Act or 1 of any codes, rules, or regulations promulgated thereunder.
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Section 218.11. Entry upon property 5 8.11 The Department shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining
! whether or not there is compliance with or violation of the provisions of this
! Act and rules and regulations issued thereunder, except that entry into areas under the jurisdiction of the Federal Government shall be affected only with i i
the concurrence of the Federal Government or its duly designated representa- )
tive.
l Section 218.12. Records of receipt, storage, transfer or disposal 5 8.12 The Department shall require each person who possesses or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer or disposal and such other records as the Department may require, subject to such exemptions as may be prov ided by rules or regulations. -
Section 218.13. Records of radiation exposure 1 5 8.13 The Department shall require each person who possesses or uses a l 1 source of ionizing radiation to maintain appropriate records showing the '
I radiation exposure of all individuals for whom personnel monitoring is i required by rules and egulations of the Department. Except as otherwise j provided by law, copies of these records and those required to be kept by 1 Section 8.12 shall be submitted to the Department on request. Any person possessing' or using a source of ionizing radiation shall furnish to each
, employee for whom personnel monitoring is required a copy of such employee's
- personal exposure record at any time such employee has been exposed to a
radiation in excess of limits prescribed by the Department, upon termination of employment, and annually at his request.
{ Section 218.14. Orders in connection with proceedings under Section 6a
$ 8.14 The' Department shall issue such orders or modifications thereof as
- may be necessary in connection with proceedings under Section 6a and other 1,
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l provisions of thij_Act and the regulations promulgated by the Department.
Section 218.15. Administrative Procedure Act--Application i .
I 8.15 The provisions of "The Illinois Administrative Procedure Act",
- approved September 22, 1975, are hereby expressly adopted and shall apply to j
all administrative rules and procedures of the Department of Public Health under this Act, except that in case of conflict between "The Illinois Administrative Procedure Act" and this Act the provisions of this Act shall
! control, and except that Section 5 of the Illinois Administrative Procedure Act relating to procedures for rule-making -does not apply to the adoption of any rule required by federal law in connection with which the Department is J precluded by law from exercising any discretion.
Section 218.16. Radiation emergency contingency plan i 9 8.16 The Department shall dcVelop for use by the Emergency Service and Disaster Agency or its succe s sor , a comprehensive contingency plan for the j protection of public health, welfare and safety during a radiation emergency.
Section 218a. Inspection agreements and training program i 8a. (1) The Department is authorized to enter into an agreement or agreements with the Federal Government, other states or interstate agencies, l whereby this State will perform on a co-operative basis with the Federal Government, other states or interstate agencies, inspections or other functions relating to control of sources of ionizing radiation.
(2) The Department may institute training programs for the purpose of qualifying per.sonnel to carry out the provisions of this Act, and may make
! said personnel available for participation in any program or programs of the
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Federal Government, other states or interstate agencies in furtherance of the
, purposes of this Act.
Section 218b. Spent reactor fuel carriers--Notice of proposed ' transfer i 8b. All intrastate and interstate carriers of spent nuclear reactor fuel in the State of Illinois are hereby required to notify the Department of l Nuclear Safety 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> prior to any transportation of spent nuclear reactor fuel within this State of the proposed route, the place and time of entry into i the State, and the amount and the source of the fuel. The Department shall intnediately notify the State Police, which shall notify the sheriff of those .
counties along the route of such shipfnent. l L For the purpose of this subsection, a " carrier" is any entity charged with l transportation of such spent reactor fuel from the nuclear steam-generating facility to a storage facility.
For tne purpose of this subsection, " spent reactor fuel" is any contained, fissile-bearing material that has been irradiated in and permanently removed
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i from a nuclear steam-generating facility, j Section 218c. Radiation Protection Fund i Sc. All monies received by the Department under this Act on or after April 1, 1986, shall be deposited in the State Treasury and shall be set apart f in a special fund to be known as the " Radiation Protection Fund". After i payment of all obligations incurred prior to July 1,1986, the balance of any monies in the " Radiation Administration Protection Fund" and the " Radiation Inspection Fund" shall be transferred into the Radiation Protection Fund. All monies within the Radiation Protection Fund shall be invested by the State Treasurer in accordance with established .inve stment 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 l
- pursuant to appropriation only to support the activities of the Department
- under this Act.
Section 219. Order for violation abatement and public hearing 6 9. Whenever the Departmdnt believes upon inspection and examination of a radiation installation or a radiation source as constructed, operated or maintained that there has been violation of any of the provisions of this Act or any, rules or regulations promulgated under this Act, the Department may:
(1) order the discontinuance of such violation; (2) suspend or revoke a license issued previously for the radiation source or the radiation installation or its operator; (3) impose a civil penalty, not to exceed $1,000 for such violation,
, provided each day the violation continues shall constitute a separate offense; i
(4) order the decontamination of any property or structure which has been
! contaminated a; a result of such violation;
, (5) restrict access to any property which has been contaminated as a result of such violation; or
, (6) impound or order the impounding of radiation sources possessed by 4
operators or other persons engaging in such violation.
The Department shall also have the authority to take any of the actions specified in subparagraphs (4), (5) or (6) of this Section if a licensee seeks
- to terminate a license issued by the Department pursuant to this Act or to otherwise abandon a radiation installation.
Any such actions by the Department shall be based on standards and procedures established by rules of the Department. Under such rules, the Department may provide that all or a portion of the cost of such actions be assessed to operators of radiation installations or other persons responsible for the violation or contamination.
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i The civil penalties and costs assessed under this Section shall be
! recoverable in aTi acticn brought in the name of the people of the State of
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i Illinois by the Attorney General.
! In any order issued to an offending party under this Section., the
! Department shall include a sumary of its findings which give evidence of the
! violation. Any party affected by an order of the Department shall have the j right to a hearing before the Department; however, a written request for such j a hearing shall be served on the Department within 10 days of notice of such l
order. In the absence of receipt of a request for hearing the affected party shall be deemed to have waived his right to a hearing.
No order of the Department issued under this Section, except an order i issued pursuant to Section 12 herein, shall take effect until the Department shall find upon conclusion of such hearing that a condition exists which j
constitutes a violation of any provision of this Act or any code, rule or i regulation promulgated under this Act except in the event that the right to
! public hearing is waived as provided herein in which case the order shall take r:ffect imediately.
l Section 220. I 10. Repealed Section 221. Review under Administrative Review Law i 11. The provisions of the Administrative 9eview Law, as amended, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for judicial review of final administrative decisions of the Departmen t
! hereunder. The term " administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.
Section 222. Authority of Department in cases constituting an imediate threat to health i 12. Notwithstanding any other provision of this Act, whenever the i Department finds that a condition exists which constitutes an imediate threat to health due to the violation of any provisions of this Act or any code, rule, regulation or order promulgated under this Act and requiring imediate action to protect the public health or welfare, it may issue an order reciting !
i the existence of such an imediate threat and the findings of the Department I pertaining thereto. The Department may summarily cause the abatement of such violation or may direct the Attorney General to obtain an injunction against such violator.
- Such order shall be effective immediately but shall include notice of the t
time and place of a public hearing before the Department to be held within 30 days of the date of such order to assure the justification of such order. On the basis of such hearing the Department shall continue such order in effect, revoke it or modify it. Any party affected by an order of the Department shall have the right to waive the public hearing proceedings.
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l I Section 223. Violations i i 13. 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
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- order of the Department, promulgated pursuant to this Act, is guilty of a Class A misdeme'anor; provided each day during which violation continues shall constitute a separate offense; and in addition thereto, such person may be enjoined from continuing such violation as hereinafter provided.
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- The penalties provided herein shall be recoverable in an action brought in the name of the people of the State of Illinois by the Attorney General.
l Sec' tion 224. Injunctive relief ,
i l l 5 14. It shall be the duty of the Attorney General upon the request of l i the Department to bring an action for an injunction against any person l
- violating the' provisions of this Act, or violating any order or determination I of the Department, i l Section 225. Conflicting laws i 15. This Act shall not be construed as repealing any laws of the State j relating to radiation sources, exposures, radiation protection, and l professional licensure, but shall be held and construed as auxiliary and i supplementary thereto, except to the extent that the same are in direct conflict herewith. '
No ordinances or regulations of any governing body of a municipality or
, county or board of health not inconsistent with this Act or any code, rules or regulations promulgated pursuant thereto shall be superseded by this Act.
l Nothing in this Act or in any codt , rules or regulations promulgated pursuant i' thereto shall preclude the right of any governing body of a municipality or county or board of health to adopt ordinances or regulations not inconsistent l
with this Act or any code, rules or regulations promulgated pursuant thereto.
- Section 226. Existing remedies unimpaired
- i 16. No existing civil or criminal remedy for any wrongful action which is a violation of any code, rule or regulation promulgated under this Act shall be excluded or impaired by this Act.
Section 227. Severability
- i 17. If any section, subsection, sentence, clause, phrase, or word of this Act is for any reason held to be unconstitutional, such decree shall not
. affect the validity of any remaining portion of this Act.
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Section 228. Protection of powers v 1 5 18. The powers', duties and functions vested in the Department under the I
, provisions of. this Act shall not be ccnstrued to affect in any manner the -'
powers, duties, and functions vested in the Department under any other provisions of law.
Section 229. Effective date l 9 19. Whereas, the health and welfare of the People of the State of Illinois requires prompt action to safeguard against any detrimental effects of improper utilization of ionizing radiations; and
- Whereas, to improve health and welfare by proper utilization; therefore an emergency exists and this Act shall take effect immediately upon its becoming a law.
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l [Q Ct? o,, UNITED STATES l
! 8 o NUCLEAR REGULATORY COMMISSION l
- , E WASHINGTON, D. C. 20555 .
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December 6, 1985 i
! John H. Frye, III, Chairman Dr. James H. Carpenter l Atomic Safety and Licensing Board Panel Atomic Safety and Licensing .
l U.S. Nuclear Regulatory Commission Board Panel j Washington, D.C. 20555 U.S. Nuclear Regulatory Connission i Washington, D.C. 20555 Dr. Peter A. Morris !
Atomic Safety and Licensing Board Panel !
U.S. Nuclear Regulatory Commission '
Washington, D.C. 20555
- In the Matter of KERR-MCGEE CHEMICAL CORPORATION (Kress Creek Decontamination)
Docket No. 40-2061; ASLBP No. 84-502-01-SC and In the Matter of KERR-MCGEE CHEMICAL CORPORATION (West Chicago Rare Earths Facility) l Docket No. 40-2061 ML, ASLBP No. 83-495-01-ML
Dear Administrative Judges:
During the two recent conference calls between the Licensing Board and parties regarding scheduling in Kress Creek the People and the NRC staff made refer-ence to pending discussions between the State of Illinois and the NRC con-cerning the possibility of entering into an Agreement pursuant to Section 274b of the Atomic Energy Act. The Staff agreed durirg the December 4 conference call to provide to the Board and parties copies of the correspondence between the State and the NRC regarding the proposed Agreement. Enclosed are the following three' letters that have been exchanged to date between the State and the NRC relative to this matter, with those enclosures to the letters that related to Kress Creek or the West Chicago Rare Earths Facility: l l
Letter from Terry R. Lash, Director, Illinois Department of Nuclear 1.
Safety, to G. Wayne Kerr, Director, Office of State Programs ("SP"),
NRC, dated July 31, 1985;
- 2. Letter from Donald A. Nussbaumer, Assistant Director for State Agreements Program, SP, to Mr. Lash, dated November 15, 1985; and !
- 3. Letter from Mr. Nussbaumer to Mr. Lash, dated November 18, 1985. l p.&&
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. The Staff calls the Board's attention to the following matters set forth in this correspondence:
- l. the State is not now requesting authority to regulate b as defined in Section 11e(2) of the Atomic Energy Act (yproduct material,i.e., mill ta
- 2. the State is, however, requesting authority to regulate source material; and i
- 3. it is the position of the Staff that the State's assumption of authority over source material includes the source material in and around Kress ,
Creek and the West Branch of the DuPage River.
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The Feople also alluded during the conference calls to a position taken by Mr. Richard E. Cunningham, Director of the Division of Fuel Cycle and Material
, Safety, Office of Nuclear Material Safety and Safeguards, in meetings between the State and NRC on November 14-15, 1985, that the State should assume regu-latory authority over the West Chicago Rare Earths Facility wastes.
o Mr. Cunningham was simply raising a topic for consideration by the State and, in fact, the State agreed to consider his suggestion. It is not, however, the position of the Staff that the State must assume regulatory authority over mill tailings as a precondition of Staff support of the proposed Agreement.
The State may, at any time after the effective date of the Agreement, request j amendment of the Agreement to include byproduct material as defined'in
- Section 11e(2) of the Atomic Energy Act.
I I
Since the Board has requested that the Staff expeditiously provide it and j the parties with the letters enclosed herein, the Staff will not address in 1 this letter the implications of the pendency of the proposed Agreement for the i Kress Creek proceeding. The Staff believes that question should be addressed i by the parties after their receipt of this letter and its enclosures.
j . Sincerely.
J tt i Stephen H. Lewis Deputy Assistant Chief Hearing Counsel
Enclosures:
As stated cc: Anne Rapkin, Esq. Thomas W. Fawell, Eso.
Peter Nickies, Esq. Richard A. Meserve, Esq.
Mead Hedglon, Esq. Steven Seiple, Esq.
John C. Berghoff, Esq. Docketing and Service Section Atomic Saf.ety and Li. censing Atomic Safety and Licensing Board Panel Appeal Board Panel ,
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ENCLOSURE 1
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STATE OF lLLINOIS DEPART.TIENT OF NUCLEAR SAFETY 1035 OUTER PARK DRIVE SPRINGFIELD 62704 (217) 546-8100 l TERAY R LASH DAN L WwAus O m :. " ' '" " "
July 31,1985 ,
l Mr. G. Wayne Kerr l Director .
1 Office of State Programs j U.S. Nuclear Regulatory Commission Washington, D.C. 20555 )
i
Dear Wayne:
As you know, tne State of Illinois wishes to execute an Agreement with the U.S. Nuclear Regulatory Commission (NRC), as authorized under Section 274 of the Atomic Energy Act of 1954, as amended, under which the NRC will discontinue and the State of Illinois will assume certain regulatory authority for radioactive materials now under Federal jurisdiction.
The specific regulatory authority the State wishes to request is for:
a) by-product material as defined in Section 11(e)(1) of the Atomic Energy Act of 1954, as amended (radioisotopes);
~
b) source material (uranium and thorium); l l
c) special nuclear material (uranium-233, uranium-235 and plutonium) in quantities not sufficient to form a critical mass; and, s
d) land disposal of source, by-product and special nuclear caterial receive,1 from other persons.
The State of Illinois does not now contemplate requesting authority over uranium millinn activities.
Enclosed with this letter are six copies of the documents constituting the State of Illinois' draf t application to become an Agreement State. The documents include in draf t form the Program Statement (Volume I), Statutes (Volume II), and Regulations (Volume Ill). I~have also attached the draf t letter from Governor James R. Thompsoc. and the draf t Agreement.
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l The State would like to assume Agreement State responsibilities around July 1, 1986. Therefore, it is important that we receive your informal coments on the draft application as soon as possible so that we can initiate the procedures necessary to adopt the Agreement State regulations. These procedures are not unlike federal rulemaking procedures and will involve soliciting public coments and submitting the rules to a legislative committee for review prior to their adoption. Since this can be a time consuming process, it is especially critical that we receive the NRC's initial reactions at the earliest possible date.
In this regard, representatives of the Department of Nuclear Safety are available to meet with your staff in the Washington, D.C. area to discuss any questions or issues which may arise during your review. Also, do not hesitate I to call me in the meantime if you have requests for additional information or questions.
Tnank you for your cooperation. )
Sin erely, )
/4 T rry . Lash irect r o -
TRL:sp e
5 J
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I AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION AND THE STATE OF ILLINDIS FOR DISCONTINUANCE OF CERTAIN ~
COMMISSION ' REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE STATE PURSUANT TO SECTION 274 0F THE ATOMIC ENERGY ACT OF 1954, AS AMENDED WHEREAS, the United States Nuclear Regulatory Commission (hereinaf ter referred to as the Commission) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act), to enter into agreements with the Governor of any State providing for discontinuance of the regulatory authority of the Commission within the State under Chapters 6, 7 and 8, and Section 161 of the Act with respect to byproduct materials as defined in Sections 11e.(1) and (2) of the Act, source materials and special nuclear materials in quantities not sufficient to form a critical mass, and, WHEREAS, the Governcr of the State of Illinois is authorized under Illinois Revised Statutes,1983, ch.111 1/2, par. 216b and 1984 Supp. to
- Illinois Revised Statutes,1983, ch.111 1/2, par. 241-19 to enter into this Agreement with the Commission; and, WHEREAS, the Commission found on that the program of the State for the regulation of the materials covered by this Agreement is compatible with the Commission's program for the regulation of such materials and is adequate to protect the public health and safety; and, l . . WHEREAS, the State and the Commission recognize the desirability and importance of cooperation between the Commission and the State in the formulation of standards for protection against hazards of radiation and in assuring that State and Commission programs for protection against hazards of j radiation will be coordinated and compatible; and, WHEREAS, the Commissi*on and the State recognize the desi ability of reciprocal recognition of licenses and exemptions from licensing of those .
materials subject to this Agreement; and, l
WHEREAS, this Agreement is entered into pursuant to the provisions of the I Atomic Energy Act of 1954, as amended; NOW, THEREFORE, IT IS HEREBY AGREED between the Commission and the i Governor of the State, acting in behalf of the State as follows:
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ARTICLE I
$ Subject to the exceptions provided in Articles II, IV and V the Commission shall discontinue, as of the effective date of this Agreement, the regulatory aathority of the Commission in the State under Chapters 6, 7 and 8, and Section 161 of the Act with respect to the following:
A. Byproduct materials as defined in se: tion 11e.(1) of the A:t; B. SoJrce materials; i,
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l C. Special nuclear materials in quantities not sufficient t6 form a critical mass; and, D. The land disposal of source, byproduct and special nuclear material received from other persons.
ARTICLE II 1
This Agreement does not provide for discontinuance of any authority and the
!' Comission shall retain authority and responsibility with respect to regulation of:
A. The construction and operation of any production or u?.ilization J
f acili ty;
) . B. The export from or import into the United States of byproduct, source or special nuclear material, or of any production or utilization facility; C. The disposal into the ocean.or sea of byproduct, source or special nuclear waste materials as defined in regulations or orders of the Comi ssion;
- 0. The disposal of such other byproduct, source, or special nuciear material as the Comission from time to time determines by regalation or order should, because of the hazards or potential hazards thereof, not be so disposed of without a license from the Comission; and, E.
The extraction or concentration of source material from source material ore and the management and disposal of the resulting byproduct material.
ARTICLE III This Agreement may be amended, upon application, by the State and approval by the Commission, to include the additional area specified in Article II, paragraph E, whereby the State can exert regulatory control over the materials stated therein.
ARTICLE IV I
Notwithstanding this Agreement, the Commission may from time to time by rule, i regulation or order, require that the manufacturer, processor, or proda:er of any eqJipment, device, Commodity, or other product Containing source, byproduct or special nuclear m3terial shall not transfer possession or contes!
of su:5 prodact except pursuant to a license cc an exemptio1 from licensinj issued by the Commission. '
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i ARTICLE V subsection 161 b. or 1. of the eAct to issue Commission under rulesThis guard against the loss or diversion c ed data erial.
of orspecial to nuc ARTICLE VI Agreement States in the formulation of standards a n regulatory programs of to assure that radiation will be coordinated and compatible State and Commission azards of radiation and programs o ection against hazards of efforts formulation to cooperate of standards with andthe Commission regulatory programs andofother th Agreemen
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ates in the Commission for p otection against hazards eofState radiatiand the 5 tate's program will continued to be compatible Commission for the regulation of like materials with ontheand to assure program that the of the will-use their best efforts to keep each other informedThe State and t .
their respective rules and regulations and licensi of proposed changes in enforcement the other party thereon. policies and criteria and to ng,obtain inspection the and com ments and assistance of l
ARTICLE VII i The Commission and the State agree that it is de i j
recognition other party or by of any licenses Agreement for.the State. materials listed r in A tis rable to provide reci Accordingly regulations and procedures ropriate by which such recipro rules, y will be accorded.
ARTICLE VIII The Commission, upon its own initiative after reas opportunity for hearing to the State, oronable State, may terminate or suspend all cr part of thi uponnotice request and of th e Governor of the Conmission finds that (1) such er the Act termination if the or susp protect the public health and safety, or (2) the State hnsion is required to one or more of the requirements of Sectionas274 of the Act not complied with '
also, pursuant to Section 274(j) of the Act,Thetemporarily .
Commission may of this Agreement if, in the judgment of the suspend Commission all or part l i
situation exists reqdiring immediate action to protect p Dli
, an emergency safety and the State has failed tJ take necessary u c healtn steps and ,
periodically review this Agreement and actions taken b .
The Comtission snall Agreement to ensure compliance with Se: tiony274 the State under tnis of the Act.
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ARTICLE IX This Agreement shall become effective on _
, and shall remain VIII.
Article in effect unless and until such time as it is terminated pursuant to Done at , in triplicate, this day of For the United States Nuclear Regulatory Commission
. Chairman e
For the State of Illinois Governor For the United States Nuclear RegulatoFy Commission Director, Office of State Programs f
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Chairman DRAFT -
U.S. Nuclear Regulatory Commission Washington, D.C. 20555
Dear Mr. Chairman:
By this letter I request establishment of an Agreement between the U.S.
Nuclear Regulatory Commission (NRC) and the State of Illinois, as authorized under Section 274 of the Atomic Energy Act of 1954, as amended, under which the NRC will discontinue and the State of Illinois will assume certain regulatory authority for radioactive materials now under Federal jurisdiction.
I am authorized by the Illinois Radiation Protection Act (Ill.
Rev. Stat. 1983 ch. 111 1/2, par. 216b) and the .Tilinois Low-Level Radioactive Waste Management Act (1984 Supp. to Ill. Rev. Stat.1983, ch.111 1/2, par. 241-19) to enter into such an Agreement with NRC. The specific regulatory authority requested at this time is for:
a.
. By-product material as defined in Section 11e(1) of the Atomic Energy Act of 1954, as amended (radioisotopes);
- c. Special nuclear material (uranium-233, uranium-235 and plutonium) in quantities not sufficient to form a critical mass; ani, .
- d. Land disposal of source, by-product and special nuclear material received from other persons.
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The State of Illinois desires to assume this regulatory responsibility, and I certify that the State has an adequate program within the Department of Nuclear Safety to control radiation hazards and to protect the public health and safety. In support of this proposal, I am submitting detailed information describing the State's radiation control program and regulatory capabilities and a copy of the State's radiation control regulations.
At this time, the State does not wish to assume authority over uranium milling activities. The State, however, reserves the right to apply at a future date to NRC for an amended Agreement to assume authority in this area.
We are very much interested in having a formal signing ceremony for the Agreement.
If possib.le, we would like to have the ceremony take place in Chicago, Illinois, with the Agreement to become effective on July 1, 1986.
, Sincere,1y, Governor