TITLE 32: ENERGY
CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY
SUBCHAPTER b: RADIATION PROTECTION
PART 310
GENERAL PROVISIONS
Section
310.10 Scope
310.20 Definitions
310.30 Exemptions
310.40 Records
310.50 Inspections
310.60 Tests
310.70 Additional Requirements
310.80 Violations
310.81 Policy for Assessment of Civil Penalties
310.82 Procedures for Assessment of Civil Penalties
310.90 Impounding
310.100 Prohibited Uses
310.110 Communications
310.120 Plans and Specifications
310.130 The International System of Units (SI)
310.APPENDIX A Transport Grouping of Radionuclides (Repealed)
310.APPENDIX B Tests for Special Form Licensed Material (Repealed)
310.APPENDIX C Penalty Assessment Worksheet
AUTHORITY: Implementing and authorized by the Radiation Protection Act of
1990 (Ill. Rev. Stat. 1990 Supp., ch. 111�, pars. 210-1 et. seq.).
SOURCE: Filed April 20, 1974 by the Department of Public Health; transferred
to the Department of Nuclear Safety by P.A. 81-1516, effective December 3,
1980; codified at 7 Ill. Reg. 15657; amended at 10 Ill. Reg. 17259, effective
September 25, 1986; amended at 15 Ill. Reg. 10604, effective July 15, 1991.
Section 310.10 Scope
Except as otherwise specifically provided, this Part applies to all persons
who receive, possess, use, transfer, own, or acquire any source of radiation
within the State of Illinois; provided, however, that nothing in 32 Ill. Adm.
Code 310, 320, 330, 331, 335, 340, 341, 350, 351, 400, and 601 shall apply to
any person to the extent such person is subject to regulation by the U.S.
Nuclear Regulatory Commission (NRC).
AGENCY NOTE: Attention is directed to the fact that regulation by the State
of source material, byproduct material, and special nuclear material in
quantities not sufficient to form a critical mass is subject to the provisions
of an agreement between the State and the NRC and to 10 CFR 150 of the
Commission's regulations.
(Source: Amended at 15 Ill. Reg. 10604, effective July 15, 1991)
Section 310.20 Definitions
As used in 32 Ill. Adm. Code 310, 320, 330, 331, 335, 340, 341, 350, 351,
400, 401, 601 and 606, these terms have the definitions set forth below.
Additional definitions used only in a certain Part will be found in that Part.
"Accelerator-produced material" means any material made
radioactive by a particle accelerator.
"Act" means the Radiation Protection Act of 1990 (the Act) (Ill.
Rev. Stat. 1990 Supp., ch. 111�, par. 210-1 et seq.).
"Agreement State" means any State with which the U. S. Nuclear
Regulatory Commission or the U.S. Atomic Energy Commission has
entered into an effective agreement under subsection 274b of the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2021(b) et seq.).
"Airborne radioactive material" means any radioactive material
dispersed in the air in the form of dusts, fumes, mists, vapors,
or gases.
"Airborne radioactivity area" means:
any room, enclosure, or operating area in which airborne
radioactive material exists in concentrations in excess of
the amounts specified in 32 Ill. Adm. Code 340.Appendix A,
Table 1, Column 1; or
any room, enclosure, or operating area in which airborne
radioactive material exists in concentrations which,
averaged over the number of hours in any week during which
individuals are in the area, exceed 25 percent of the
amounts specified in 32 Ill. Adm. Code 340.Appendix A, Table
1, Column 1.
"Byproduct material" means (1) 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; and (2) the tailings or wastes
produced by the extraction or concentration of uranium or thorium
from any ore processed primarily for its source material content,
including discrete surface wastes resulting from underground
solution extraction processes but not including underground ore
bodies depleted by such solution extraction processes. (See
Section 4(a) of the Act.)
"Calendar quarter" means not less than 12 consecutive weeks nor
more than 14 consecutive weeks. The first calendar quarter of
each year shall begin in January and subsequent calendar quarters
shall be so arranged such that no day is included in more than one
calendar quarter and no day in any one year is omitted from
inclusion within a calendar quarter. No licensee or registrant
shall change the method observed by him for determining calendar
quarters except at the beginning of a calendar year.
"Calibration" means the determination of:
the response or reading of an instrument relative to a
series of known radiation values over the range of the
instrument; or
the strength of a source of radiation relative to a
standard.
"CFR" means Code of Federal Regulations.
"Chelating Agent" means amine polycarboxylic acids (e.g., EDTA,
DTPA), hydroxy-carboxylic acids, and polycarboxylic acids (e.g.,
citric acid, carbolic acid, and glucinic acid) used for purposes
of bonding, i.e., to stabilize radioactive materials.
"Curie" means a unit of quantity of radioactivity. One curie (Ci)
is that quantity of radioactive material which decays at the rate
of 3.7 x 1010 transformations per second (tps). Commonly used,
sub-multiples of the curie are the millicurie and the microcurie.
One millicurie (mCi) = 0.001 Curie = 3.7 x107 tps. One microcurie
(uCi) = 0.000001 curie = 3.7 x 104 tps. (See Section 310.130 for
SI equivalent becquerel.)
"Department" means Illinois Department of Nuclear Safety.
"Depleted uranium" means the source material uranium in which the
isotope uranium-235 is less than 0.711 weight percent of the total
uranium present. Depleted uranium does not include special
nuclear material.
"Director" means the Director of the Department of Nuclear Safety.
(See Section 4(c) of the Act.)
Dose means absorbed dose or dose equivalent as appropriate:
"Absorbed dose" is the energy imparted to matter by ionizing
radiation per unit mass of irradiated material at the place
of interest. The special unit of absorbed dose is the rad
(see "Rad"). (See Section 310.130 for SI equivalent gray.)
"Dose equivalent" is a quantity that expresses on a common
scale for all radiation a measure of the postulated effect
on a given organ. It is defined as the absorbed dose in
rads times certain modifying factors. The unit of dose
equivalent is the rem (see "Rem"). (See Section 310.130 for
SI equivalent sievert.)
"Dose commitment" means the total radiation dose to a part of the
body that will result from retention in the body of radioactive
material. For purposes of estimating the dose commitment, it is
assumed that from the time of intake the period of exposure to
retained material will not exceed 50 years.
"Dosimetry processor" means an individual or an organization that
extracts certain information from devices called dosimeters, then
performs various mathematical operations on this information to
generate a quantity called dose equivalent.
"Exposure" means the quotient of dQ divided by dm where "dQ" is
the absolute value of the total charge of the ions of one sign
produced in air when all the electrons (negatrons and positrons)
liberated by photons in a volume element of air having mass "dm"
are completely stopped in air. (The special unit of exposure is
the roentgen (R).) (See Section 310.130 for SI equivalent coulomb
per kilogram.)
"Exposure rate" means the exposure per unit of time, such as
roentgen per minute and milliroentgen per hour.
"Former U.S. Atomic Energy Commission (AEC) or U.S. Nuclear
Regulatory Commission (NRC) licensed facilities" means nuclear
reactors, nuclear fuel reprocessing plants, uranium enrichment
plants, or critical mass experimental facilities where AEC or NRC
licenses have been terminated.
"Healing Arts" means the art or science or group of arts or
sciences dealing with the prevention and cure or alleviation of
human ailments, diseases or infirmities, and has the same meaning
as "medicine" when the latter term is used in its comprehensive
sense.
"High radiation area" means any area, accessible to individuals,
in which there exists radiation at such levels that a major
portion of the body could receive in any one hour a dose in excess
of 100 millirems (1 millisievert).
"Human use" means the internal or external administration of
radiation or radioactive materials to human beings.
"Individual" means any human being.
"Inspection" means an official examination or observation
including, but not limited to, tests, surveys, and monitoring to
determine compliance with rules, regulations, orders,
requirements, and conditions of the Department.
"Interlock" means a device arranged or connected such that the
occurrence of an event or condition is required before a second
event or condition can occur or continue to occur.
"License" means a license issued by the Department in accordance
with the regulations adopted by the Department.
"Licensee" means any person who is licensed by the Department in
accordance with 32 Ill. Adm. Code: Chapter II and the Act.
"Licensing State" means any State which has been provisionally or
finally designated as such by the Conference of Radiation Control
Program Directors, which reviews state regulations to establish
equivalency with the Suggested State Regulations and ascertains
whether a State has an effective program for control of NARM. The
Conference will designate as Licensing States those States with
regulations for Control of Radiation relating to, and an effective
program for, the regulatory control of naturally occurring
radioactive material (NARM).
"Major processor" means a person, other than medical programs,
universities, industrial radiographers, or wireline service
operations, who is licensed to process, handle, or manufacture
radioactive material as unsealed sources in quantities exceeding
32 Ill. Adm. Code 340.Appendix B quantities by a factor of at
least 103, or radioactive material as sealed sources in quantities
exceeding 32 Ill. Adm. Code 340.Appendix B quantities by a factor
of at least 1010.
"NARM" means any naturally occurring or accelerator-produced
radioactive material. It does not include byproduct, source, or
special nuclear material.
"Natural radioactivity" means radioactivity of naturally occurring
nuclides.
"Occupational dose" means the dose received by an individual in a
restricted area or in the course of employment in which the
individual's assigned duties involve exposure to radiation or to
radioactive material from licensed or unlicensed sources of
radiation, whether in the possession of the licensee or other
person. Occupational dose does not include dose received from
background radiation, as a patient from medical practices, from
voluntary participation in medical research programs, or as a
member of the general public.
"Operator" is an individual, group of individuals, partnership,
firm, corporation or association conducting the business or
activities carried on within a radiation installation.
"Particle accelerator" means any machine capable of accelerating
electrons, protons, deuterons, or other charged particles in a
vacuum and of discharging the resultant particulate or other
radiation into a medium at energies usually in excess of 1 million
electron volts (MeV).
"Person" means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, group,
agency, political subdivision of this State, any other State or
political subdivision 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. (See Section 4(e) of the Act.)
"Personnel monitoring equipment" means devices such as film
badges, pocket dosimeters, and thermoluminescent dosimeters
designed to be worn or carried by an individual for the purpose of
estimating the dose received by the individual.
"Pharmacist" means an individual licensed by the State pursuant to
the Pharmacy Practice Act of 1987 (Ill. Rev. Stat. 1989, ch. 111,
par. 4121 et seq.) to compound and dispense drugs, prescriptions,
and poisons.
"Physician" means a person licensed to practice a treatment of
human ailments by virtue of the Medical Practice Act of 1987 (Ill.
Rev. Stat. 1989, ch. 111, par. 4400-1 et seq.), The Illinois
Dental Practice Act (Ill. Rev. Stat. 1989, ch. 111, par. 2301 et
seq.) or the Podiatric Medical Practice Act of 1987 (Ill. Rev.
Stat. 1989, ch. 111, par. 4801 et seq.), who may use radiation for
therapeutic, diagnostic, or other medical purposes within the
limits of his licensure.
"Qualified Engineering Expert" means a person qualified under the
Illinois Architecture Practice Act of 1989 (Ill. Rev. Stat. 1989,
ch. 111, par. 1301 et seq.), The Structural Engineering Licensing
Act of 1989 (Ill. Rev. Stat. 1989, ch. 111, par. 6601 et seq.)
and/or any required combination thereof.
"Rad" means the special unit of absorbed dose. One rad equals one
hundredth of a joule per kilogram of material; for example, if
tissue is the material of interest, then 1 rad equals 100 ergs per
gram of tissue (10 milligrays). (See Section 310.130 for SI
equivalent gray).
"Radiation" means gamma rays and x-rays, alpha and beta particles,
high-speed electrons, neutrons, protons, and other nuclear
particles, but not sound or radio waves, or visible, infrared or
ultraviolet light. (See Section 4(f) of the Act.)
"Radiation area" means any area, accessible to individuals, in
which there exists radiation at such levels that a major portion
of the body could receive in any one hour a dose in excess of 5
millirems (0.05 millisievert), or in any 5 consecutive days a dose
in excess of 100 millirems (1 millisievert).
"Radiation Installation" is any location or facility where
radiation machines are used or where radioactive material is
produced, transported, stored, disposed or used for any purpose,
(See Section 4(g) of the Act.) except where such radioactive
materials or facility are subject to regulation by the NRC.
"Radiation machine" means any device that produces radiation when
in use (See Section 4(h) of the Act.) except those which produce
radiation only from radioactive materials.
"Radiation safety officer" means one who has the knowledge and
responsibility to apply appropriate radiation protection
regulations and has been designated by the licensee or registrant.
"Radioactive material" means any solid, liquid, or gaseous
substance which emits radiation spontaneously. (See Section 4(j)
of the Act.)
"Radioactivity" means the transformation of unstable atomic nuclei
by the emission of radiation.
"Registrant" means any person who is registered with the
Department and is legally obligated to register with the
Department pursuant to the Act and 32 Ill. Adm. Code 320.10.
"Registration" means registration with the Department in
accordance with 32 Ill. Adm. Code 320.10.
"Regulations of the U.S. Department of Transportation" means the
regulations in 49 CFR 100-189, revised as of October 1, 1990,
exclusive of any subsequent amendments or editions. A copy of 49
CFR 100-189 is available for public inspection at the Department
of Nuclear Safety.
"Rem" means a special unit of dose equivalent. One millirem
(mrem) = 0.001 rem. (See Section 310.130 for SI equivalent
sievert.) Any of the following is considered to be equal to one
rem:
An exposure of 1 roentgen of x or gamma radiation;
An absorbed dose of 1 rad due to x, gamma, or beta
radiation;
An absorbed dose of 0.05 rad due to particles heavier than
protons and with sufficient energy to reach the lens of the
eye;
An absorbed dose of 0.1 rad due to neutrons or high energy
protons.
AGENCY NOTE: If it is more convenient to measure the
neutron flux, or equivalent, than to determine the neutron
absorbed dose in rads, one rem of neutron radiation may be
assumed to be equivalent to 14 million neutrons per square
centimeter incident upon the body; or, if there exists
sufficient information to estimate with reasonable accuracy,
the approximate distribution in energy of the neutrons, the
incident number of neutrons per square centimeter equivalent
to one rem may be estimated from the following table:
Neutron Flux Dose Equivalents
Neutron Number of neutrons per Average flux
energy square centimeter for a density to
(MeV) dose equivalent of 1 deliver 100
rem (10 millisieverts) millirems (1
(neutrons/cm2) millisievert)
in 40 hours
neutrons/cm2
per second)
Thermal ......... 970 x 106 .................... 670
0.0001 ......... 720 x 106 .................... 500
0.005 ......... 820 x 106 .................... 570
0.02 ......... 400 x 106 .................... 280
0.1 ......... 120 x 106 .................... 80
0.5 ......... 43 x 106 .................... 30
1.0 ......... 26 x 106 .................... 18
2.5 ......... 29 x 106 .................... 20
5.0 ......... 26 x 106 .................... 18
7.5 ......... 24 x 106 .................... 17
10.0 ......... 24 x 106 .................... 17
10 to 30 ......... 14 x 106 .................... 10
"Research and development" means:
theoretical analysis, exploration, or experimentation; or
the extension of investigative findings and theories of a
scientific or technical nature into practical application
for experimental and demonstration purposes, including the
experimental production and testing of models, devices,
equipment, materials, and processes. Research and
development does not include the internal or external
administration of radiation or radioactive material to human
beings.
"Restricted area" means any area access to which is controlled by
the licensee or registrant for purposes of protection of
individuals from exposure to radiation and radioactive material.
A restricted area shall not include any areas used for residential
quarters, although a separate room or rooms in a residential
building may be set apart as a restricted area.
"Roentgen" means the special unit of exposure. One roentgen (R)
equals 2.58 x 10-4 coulombs/kilogram of air. (See "Exposure".)
"Sealed source" means any device containing radioactive material
to be used as a source of radiation which has been constructed in
such a manner as to prevent the escape of any radioactive
material. (See Ill. Rev. Stat. 1989, ch. 111�, par. 194(f).)
"Source material" means:
uranium or thorium, or any combination thereof, in any
physical or chemical form; or
ores which contain by weight one-twentieth of one percent
(0.05 percent) or more of:
uranium;
thorium; or
any combination thereof.
(Source material does not include special nuclear material.)
"Source of radiation" means any radioactive material or any device
or equipment emitting, or capable of producing, radiation.
"Special nuclear material in quantities not sufficient to form a
critical mass" means uranium enriched in the isotope U-235 in
quantities not exceeding 350 grams of contained U-235; U-233 in
quantities not exceeding 200 grams; plutonium in quantities not
exceeding 200 grams; or any combination of them, except source
material, in accordance with the following formula: For each kind
of special nuclear material, determine the ratio between the
quantity of that special nuclear material and the quantity
specified above for the same kind of special nuclear material.
The sum of such ratios for all of the kinds of special nuclear
material in combination shall not exceed 1. For example, the
following quantities in combination would not exceed the
limitation and are within the formula:
"Survey" means an evaluation of the production, use, release,
disposal, and/or presence of sources of radiation under a specific
set of conditions to determine actual or potential radiation
hazards. When appropriate, such evaluation includes, but is not
limited to, tests, physical examinations, and measurements of
levels of radiation or concentrations of radioactive material
present.
"Test" means the process of verifying compliance with an
applicable regulation.
"U.S. Department of Energy" means the Department of Energy
(established by Public Law 95-91, August 4, 1977, 91 Stat. 565,
42 U.S.C. 7101 et seq.), to the extent that the Department
exercises functions formerly vested in the U.S. Atomic Energy
Commission, its Chairman, members, officers and components and
transferred to the U.S. Energy Research and Development
Administration and to the Administrator thereof pursuant to
sections 104(b), (c) and (d) of the Energy Reorganization Act of
1974 (Public Law 93-438, October 11, 1974, 88 Stat. 1233 at 1237,
effective January 19, 1975) and retransferred to the Secretary of
Energy pursuant to section 301(a) of the Department of Energy
Organization Act (Public Law 95-91, August 4, 1977, 91 Stat. 565
at 577-578, 42 U.S.C. 7151, effective October 1, 1977.)
"Unrefined and unprocessed ore" means ore in its natural form
prior to any processing, such as grinding, roasting,
beneficiating, or refining.
"Unrestricted area" means any area access to which is not
controlled by the licensee or registrant for purposes of
protection of individuals from exposure to radiation and
radioactive material, and any area used for residential quarters.
"Waste handling licensee" means a person licensed by the NRC, the
Department, an Agreement State or a Licensing State to receive
radioactive wastes for storage, treatment, or both storage and
treatment prior to disposal as well as any person licensed to
receive radioactive waste for disposal away from the point of
generation.
"Worker" means an individual engaged in work under a license or
registration issued by the Department and controlled by a licensee
or registrant, but does not include the licensee or registrant.
(Source: Amended at 15 Ill. Reg. 10604, effective July 15, 1991)
Section 310.30 Exemptions
a) General Provisions - The Department may, upon application therefor
or upon its own initiative, grant such exemptions or exceptions
from the requirements of 32 Ill. Adm. Code: Chapter II,
Subchapters b and d as it determines are authorized by law and
will not result in undue hazard to public health and safety or
property.
b) U.S. Department of Energy Contractors and U.S. Nuclear Regulatory
Commission Contractors - Any U.S. Department of Energy contractor
or subcontractor and any U.S. Nuclear Regulatory Commission
contractor or subcontractor of the following categories operating
within this State is exempt from 32 Ill. Adm. Code: Chapter II,
Subchapters b and d to the extent that such contractor or
subcontractor under his contract receives, possesses, uses,
transfers or acquires sources of radiation:
1) Prime contractors performing work for the Department of
Energy at U.S. Government-owned or controlled sites,
including the transportation of sources of radiation to or
from such sites and the performance of contract services
during temporary interruptions of such transportation;
2) Prime contractors of the Department of Energy performing
research in, or development, manufacture, storage, testing
or transportation of, atomic weapons or components thereof;
3) Prime contractors of the Department of Energy using or
operating nuclear reactors or other nuclear devices in a
United States Government-owned vehicle or vessel; and
4) Any other prime contractor or subcontractor of the
Department of Energy or of the Nuclear Regulatory Commission
when the State and the Nuclear Regulatory Commission jointly
determine:
A) that, under the terms of the contract or subcontract,
there is adequate assurance that the work thereunder
can be accomplished without undue risk to the public
health and safety; and
B) that, the exemption of such contractor or
subcontractor is otherwise appropriate.
(Source: Amended at 15 Ill. Reg. 10604, effective July 15, 1991)
Section 310.40 Records
Each licensee and registrant shall maintain records showing the receipt,
transfer, use, storage and disposal of all sources of radiation. Additional
record requirements are specified elsewhere in 32 Ill. Adm. Code: Chapter II,
Subchapters b and d.
(Source: Amended at 15 Ill. Reg. 10604, effective July 15, 1991)
Section 310.50 Inspections
a) Each person shall afford the Department at all reasonable times
opportunity to inspect radiation installations and sources of
radiation and the premises and facilities wherein such radiation
installations and sources of radiation are used or stored.
b) Each person shall make available to the Department for inspection,
upon reasonable notice, records maintained pursuant to 32 Ill.
Adm. Code: Chapter II, Subchapters b and d.
c) 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 effected only with the concurrence
of the Federal Government or its duly designated representative.
(See Section 27 of the Act.)
(Source: Amended at 15 Ill. Reg. 10604, effective July 15, 1991)
Section 310.60 Tests
Each licensee and registrant shall perform upon instructions from the
Department, or shall permit the Department to perform, such reasonable tests
as the Department deems appropriate or necessary including, but not limited
to, tests of:
a) sources of radiation;
b) installations wherein sources of radiation are used or stored;
c) radiation detection and monitoring instruments; and
d) other equipment and devices used in connection with utilization or
storage of licensed or registered sources of radiation.
(Source: Amended at 10 Ill. Reg. 17259, effective September 25, 1986)
Section 310.70 Additional Requirements
a) The Department is authorized to inspect and investigate the
premises and operations and personnel of any radiation
installation, whether or not such installation is required to be
registered or licensed by the Department, for the purpose of
studying and evaluating the health hazard(s) caused by the use and
operation of such machines and material.
b) The Department may impose additional requirements upon any
licensee or registrant if the Department deems these requirements
to be necessary to minimize the danger to public health and safety
or the environment.
(Source: Amended at 10 Ill. Reg. 17259, effective September 25, 1986)
Section 310.80 Violations
a) Any person who shall violate any of the provisions of, or who
fails to perform any duty imposed by this Act, or who violates any
determination or order of the Department promulgated pursuant to
the Act, is guilty of a Class A misdemeanor; 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. (See Section
39 of the Act.)
b) Whenever the Department believes upon inspection and examination
of a radiation installation or a radiation source as constructed,
operated, or maintained that there has been a violation of any of
the Department's rules or regulations promulgated pursuant to the
Act, the Department, in addition to taking other enforcement
action, may impose a civil penalty, not exceeding $1,000 for such
violation, provided each day the violation continues shall
constitute a separate offense. (See Section 36 of the Act.)
c) 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. (See Section 37 of the Act.)
(Source: Amended at 15 Ill. Reg. 10604, effective July 15, 1991)
Section 310.81 Policy for Assessment of Civil Penalties
a) Whenever the Department believes upon inspection and examination
of a radiation installation or a radiation source as constructed,
operated or maintained that there has been a violation of any of
the provisions of the Act or of any rules or regulations
promulgated pursuant to the Act, the Department, in addition to
taking other enforcement action, may impose a civil penalty not
exceeding $1,000 per violation for each day the violation
continues, in accordance with the provisions of this Section and
Section 310.82. (See Section 36 of the Act.)
b) A civil penalty will be assessed whenever the Department, based on
consideration of the factors set forth in subsection (c),
determines that a civil penalty is appropriate and issues a
Preliminary Order and Notice of Opportunity for Hearing, in
accordance with 32 Ill. Adm. Code 200.60.
c) Factors to be Considered in Assessing Civil Penalties
1) The Department shall consider the factors contained in
subsection (c)(2) to determine whether a penalty should be
assessed, as provided in subsection (d), and the amount of
the penalty.
2) The factors to be considered by the Department are:
A) History of Previous Violations. The Department shall
consider the person's history of previous violations.
Each prior violation will be considered without regard
to whether it led to a civil penalty assessment. A
prior violation shall not be considered, however, if
the notice or order relating to the prior violation is
the subject of pending administrative or judicial
review, or if the time to request such review or to
appeal any administrative or judicial decision
relating to the prior violation has not expired, and
thereafter it shall be considered for only six years.
Further, no violation for which a Preliminary or Final
Order relating to the prior violation has been
vacated, shall be considered.
B) Severity of the Violation. The Department shall
consider the severity of the violation, including, but
not limited to, contamination of the environment and
any hazard to the health or safety of the public or to
the employees of the person to whom the Preliminary
Order was issued.
C) Negligence. The Department shall consider whether the
person to whom the Preliminary Order was issued was
negligent in causing, allowing, or failing to correct
the violation, condition, or practice which led to the
Preliminary Order.
d) Determination of the Amount of Penalty; Assessment of Separate
Violations for Each Day
1) The Department may assess a civil penalty not to exceed one
thousand dollars ($1,000) per violation for each day the
violation continues. In determining whether to make such an
assessment, the Department shall consider the factors listed
in subsection (c).
2) When determining the amount of penalty, the Department shall
consider each day of a continuing violation to be a separate
violation.
(Source: Added at 15 Ill. Reg. 10604, effective July 15, 1991)
Section 310.82 Procedures for Assessment of Civil Penalties
a) Issuance of Assessment
1) If the Department assesses a civil penalty pursuant to
Section 310.81(b), it shall do so by issuing a Preliminary
Order and Notice of Opportunity for Hearing pursuant to 32
Ill. Adm. Code 200.
2) Along with such Preliminary Order and Notice of Opportunity
for Hearing, the Department shall deliver by certified mail
or personal service, a copy of the completed worksheets in
Appendix C showing the computation of the assessment. A
worksheet shall be completed for each violation.
b) Payment of Assessment
Unless a hearing has been requested, within thirty (30) days after
receipt of the Preliminary Order, the person upon whom the penalty
was assessed shall pay the penalty in full.
c) Procedures for Hearing
1) The person to whom the Preliminary Order and Notice of
Opportunity for Hearing was issued may appeal the imposition
of the civil penalty by submitting a written request for a
hearing in accordance with 32 Ill. Adm. Code 200.
2) Upon receiving such a request for a hearing, the Department
shall conduct a public hearing regarding the finding of
violation or the penalty assessment, in accordance with the
provisions of 32 Ill. Adm. Code 200.
3) After the hearing is held, the Director shall issue a Final
Order in accordance with 32 Ill. Adm. Code 200.230.
d) Final Assessment and Payment of Penalty
1) If the person to whom a Preliminary Order and Notice of
Opportunity for Hearing is issued fails to request a hearing
as provided in subsection (b), the assessment shall become a
final order of the Department and the penalty assessed shall
become due and payable within the thirty (30) days from
receipt of the Preliminary Order.
2) If the person to whom a Preliminary Order and Notice of
Opportunity for Hearing is issued requests judicial review
of a final order of the Department, the penalty assessed in
accordance with Section 310.81(c) shall not be payable until
completion of the review.
3) The civil 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.
(Source: Added at 15 Ill. Reg. 10604, effective July 15, 1991)
Section 310.90 Impounding
a) Authority of Department in cases constituting an immediate threat
to health. Notwithstanding any other provision of the Act,
whenever the Department finds that a condition exists which
constitutes an immediate 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 immediate action to
protect the public health or welfare, it may issue an order
reciting the existence of such an immediate threat and the
findings of the Department 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.
(See Section 38 of the Act.)
b) Such order shall be effective immediately but shall include notice
of the 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. (See
Section 38 of the Act.)
(Source: Amended at 15 Ill. Reg. 10604, effective July 15, 1991)
Section 310.100 Prohibited Uses
a) Hand-held fluoroscopic screens shall not be used.
b) Shoe-fitting fluoroscopic devices shall not be used.
Section 310.110 Communications
All communications and reports concerning these regulations, and applications
filed thereunder, should be addressed to the Department at its office, located
at 1035 Outer Park Drive, Springfield, Illinois, 62704.
Section 310.120 Plans and Specifications
The Director may require the user of any new or altered radiation installation
to prepare plans and specifications of the proposed installation and submit
them to the Department for review and approval prior to starting construction
or operation.
(Source: Added at 10 Ill. Reg. 17259, effective September 25, 1986)
Section 310.130 The International System of Units (SI)
The Metric Conversion Act of 1975 (P.L. 94-168, 89 Stat. 1007, effective
December 23, 1975) urged the increasing awareness and use of the International
System of Units (SI). The generally accepted regulatory values in the narra-
tive portions of this document are followed by the SI equivalents in
parentheses. Where appropriate, schedules and appendices are provided with
notes concerning conversion factors. The inclusion of the SI equivalent is
for informational purposes.
a) absorbed dose - The unit of absorbed dose is the gray (Gy), which
is equal to 1 joule per kilogram. One rad is equal to 1 x 10-2
gray. Sub-multiples included in this document are the milligray
(mGy) and microgray (uGy).
b) dose equivalent - The unit of dose equivalent is the sievert (Sv)
which is equal to 1 joule per kilogram. One rem is equal to 1 x
10-2 sievert. Sub-multiples included in this document are the
millisievert (mSv) and the microsievert (uSv).
c) exposure - The unit of exposure is the coulomb per kilogram
(C/kg). One roentgen is equal to 2.58 x 10-4 coulomb per
kilogram. Sub-multiples of this unit are the millicoulomb per
kilogram (mC/kg) and the microcoulomb per kilogram (uC/kg).
d) radioactivity - The unit of measurement of radioactivity is the
becquerel (Bq) and is equal to one transformation per second. One
curie is equal to 3.7 x 1010 becquerels. Multiples included in
this document are kilobecquerel (kBq), megabecquerel (MBq),
gigabecquerel (GBq), and petabecquerel (PBq).
(Source: Amended at 15 Ill. Reg. 10604, effective July 15, 1991)
Section 310.APPENDIX A TRANSPORT GROUPING OF RADIONUCLIDES (REPEALED)
(Source: Repealed at 10 Ill. Reg. 17259, effective September 25, 1986)
Section 310.APPENDIX B TESTS FOR SPECIAL FORM LICENSED MATERIAL (Repealed)
(Source: Repealed at 10 Ill. Reg. 17259, effective September 25, 1986)
Section 310.APPENDIX C Penalty Assessment Worksheet
Description of Violation Maximum: $1,000
A. History of Compliance
If average violation/inspection over three full program reviews by
Department personnel is:
Very small potential $0 _______
Potential environmental effects $100 (10%) ________
Potential health effects $200 (20%) ________
Environmental and Health effects $400 (40%) ________
D. Civil Penalty Proposed for this Violation ________
Total of Civil Penalties Proposed ________
AGENCY NOTE: For purposes of this assessment, the following definitions are
to be used:
1) Negligence: Failure to act in accordance with statutes,
regulations, or license conditions.
2) Recklessness: The act of placing employees or members of the
general public at risk from radiation exposure.
3) Willfulness: The act of negligence or recklessness after the
applicable requirements had been communicated to the person to
whom the Preliminary Order is issued.
AGENCY NOTE: A separate worksheet is used for each violation. The amount of
the civil penalty is determined by obtaining the sum for all violations
identified in the Preliminary Order.
(Source: Added at 15 Ill. Reg. 10604, effective July 15, 1991)
