TITLE 32: ENERGY
CHAPTER II: DEPARTMENT OF NUCLEAR SAFETY
SUBCHAPTER b: RADIATION PROTECTION
PART 420
REGISTRATION OF RADON DETECTION AND MITIGATION SERVICES
Section
420.10 Policy and Scope
420.20 Definitions
420.30 Exemptions
420.40 Application for Registration
420.50 Issuance of Registration Certificates
420.60 Fees
420.70 Suspension and Revocation of Registration
420.80 Civil Penalties
AUTHORITY: Implementing and authorized by "AN ACT in relation to radon
testing" (Ill. Rev. Stat. 1989, ch. 111�, par. 242-1 et seq.).
SOURCE: Adopted at 14 Ill. Reg. 19308, effective November 26, 1990.
Section 420.10 Policy and Scope
a) This Part establishes standards and procedures for registration of
persons who perform any service to detect the presence of radon or
radon progeny. Nothing in the Act or this Part shall be construed
to limit or affect in any respect the practice of persons properly
licensed under other statutes or regulations with respect to their
professions.
b) This Part shall apply to any person who sells devices or who
performs services for compensation to detect the presence of radon
or radon progeny in the State, unless specifically exempt under
"AN ACT in relation to radon testing" (Ill. Rev. Stat. 1989, ch.
111�, par. 242-1 et seq.) or under Section 420.30.
c) This Part shall apply to persons who supervise students or
apprentices for purposes of instructing them how to perform radon
detection services.
Section 420.20 Definitions
As used in this Part, the following definitions apply:
"Act" means "AN ACT in relation to radon testing" (Ill. Rev. Stat.
1989, ch. 111�, par. 242-1 et seq.).
"Certificate of Registration" means the certificate issued by the
Department as evidence that a person satisfies the requirements
for registration.
"Department" means the Illinois Department of Nuclear Safety.
"Individual" means a natural person, i.e., a person that is not a
governmental body, firm, association, partnership, copartnership,
joint venture, company, corporation, joint stock company, trust,
estate or other legal entity.
"Person" means any natural person or individual, governmental
body, firm, association, partnership, copartnership, joint
venture, company, corporation, joint stock company, trust, estate
or other legal entity.
"Radon" means any of the gaseous radioactive decay products of
uranium or thorium.
"Radon progeny" means any combination of the radioactive decay
products of radon.
"Registration" means the registration granted by the Department
which authorizes a person to perform services to detect the
presence of radon.
Section 420.30 Exemptions
a) The Department shall, upon application therefor or upon its own
initiative, grant such exemptions or exceptions from the
requirements of this Part as it determines are authorized by law
and will not result in a hazard to public health and safety, e.g.,
an industrial hygienist who performs radon tests at his employer's
facilities in the course of his employment, state and local public
health officials who perform radon screening services without
charge to the recipient of the service.
b) The following persons are exempt from the registration
requirements of this Part:
1) Persons who sell or distribute, but who do not place, radon
sampling devices supplied by a laboratory, but only if the
results of the laboratory analysis are reported directly to
the owner or occupant of the building sampled; and
2) Persons who manufacture or analyze, but who do not place,
radon sampling devices, but only if the results of the
laboratory analysis are reported directly to the owner or
occupant of the building being sampled.
Section 420.40 Application for Registration
Any person applying for initial registration, or renewal of registration must
submit a complete and legible application form, must pay the fee prescribed in
Section 420.60, and must provide documentation that he or she has met the
requirements for initial registration or renewal of registration. Such
documentation shall include diplomas, transcripts, certificates of completion
and work history, as appropriate.
Section 420.50 Issuance of Registration Certificates
a) Registration
1) Except as provided in subsection (b), the Department shall
register and shall issue a Certificate of Registration to:
A) Any individual who has at least 4 years of
radiological safety, health physics, environmental
sampling, or industrial hygiene experience.
B) Any individual who has an Associate of Arts degree in
a physical or biological science and 2 years of
radiological safety, health physics, environmental
sampling, or industrial hygiene experience.
C) Any individual who has a Baccalaureate degree in a
physical or biological science or engineering.
D) Any individual who has successfully completed a course
that covers the following topics:
i) Radon Health Effects and Health Risks;
ii) Radon Sources;
iii) Radon Entry Points and Transport Pathways;
iv) Screening Measurement Techniques and Devices;
v) Followup Measurement Techniques and Devices;
vi) Diagnostic Measurement Techniques and Devices;
vii) Quality Assurance;
viii) Worker Health and Safety; and
ix) Documentation.
AGENCY NOTE: Each of the following courses covers the
topics identified above:
1) United States EPA Radon Contractor Proficiency
Program, as described in the "EPA Radon
Contractor Proficiency Program," issued
September 7, 1990.
2) United States EPA National Radon Measurement
Proficiency Program, as described in "The
National Radon Measurement Proficiency (RMP)
Program, Application and Participation Manual,"
EPA document #52011-88-056 (December 1988).
3) The Illinois Department of Nuclear Safety
Measurement Course.
Copies of the two U.S. EPA documents are available
from the Department.
E) Any person other than an individual, (e.g., a
partnership, firm or company) who employs at least one
individual, registered in accordance with subsections
(a)(1)(A), (B), (C) and (D) above, provided that the
registered individual will direct and be responsible
for all radon testing activities undertaken by the
person and provided further that the registered
individual will personally review and approve all test
results before they are disclosed to the client.
2) The registration issued pursuant to subsection (a)(1)(A),
(B), (C) and (D) shall be valid for a period of 2 years.
Registration issued pursuant to subsection (a)(1)(E) shall
be valid for one year.
b) The Department shall deny registration to any person if the
Department has evidence that the applicant has engaged in any of
the acts listed in Section 420.70(a) unless the condition listed
in Section 420.70(a) no longer exists and the applicant submits
documentation that he satisfies the requirements of subsection (a)
above.
c) Registration issued pursuant to subsections (a)(1)(A), (B), (C)
and (D) shall be renewable for 2 year periods. Registration
issued pursuant to subsection (a)(1)(E) shall be renewable for 1
year periods.
Section 420.60 Fees
a) The fees for registration in all categories shall be non-
refundable and shall be as follows:
1) Initial Registration - Individual $ 100.00
2) Initial Registration - Person
Other Than Individual $ 25.00
3) Renewal of Registration - Individual $ 100.00
4) Renewal of Registration - Person
Other Than Individual $ 25.00
b) The appropriate fees are to accompany the application when filed
with the Department.
Section 420.70 Suspension and Revocation of Registration
a) The Department shall act to suspend or revoke a person's
registration for any one or a combination of the following causes:
1) Knowingly causing a material misstatement or
misrepresentation to be made in the application for
registration, if such misstatement or misrepresentation
would impair the Department's ability to assess and evaluate
the applicant's qualifications for registration under this
Part, such as a misstatement or misrepresentation regarding
training or experience;
2) Willfully evading the statute or regulations pertaining to
registration, or willfully aiding another person in evading
such statute or regulations pertaining to registration;
3) Having been convicted in any state of a crime which is a
felony under the laws of this State or having been convicted
of a felony in a federal court, unless such individual
demonstrates to the Department that he/she has been
sufficiently rehabilitated, by restoration of all civil
rights, to warrant the public trust; and
4) Misrepresenting the capabilities of a device for detecting
and measuring radon or radon progeny or misrepresenting the
results of a test to detect or measure radon or radon
progeny.
b) If, based upon any of the above grounds, action to suspend or
revoke registration is initiated, the Department shall notify the
person and shall provide an opportunity for a hearing in
accordance with 32 Ill. Adm. Code 200.60. An opportunity for a
hearing shall be provided before the Department takes action to
suspend or revoke a person's registration.
c) The usual action shall be a suspension of registration for up to
one year. The term of suspension shall be reduced by the
Director, upon the recommendation of the hearing officer, if the
hearing officer finds, based upon evidence presented to him/her at
a hearing, and the Director concurs, that the conditions leading
to the Preliminary Order for Suspension can be cured in less than
one year. However, if the Department finds that the causes are of
a serious or continuous nature, such as past actions which posed
an immediate threat to public health or safety or deficiencies
that cannot be cured within one year, the Department shall revoke
the person's registration.
d) When a person's registration is suspended or revoked, the person
shall surrender the certificate of registration to the Department.
e) A person whose registration has been revoked may seek
reinstatement of registration by filing with the Department a
petition for reinstatement that complies with the requirements of
32 Ill. Adm. Code 200.40. Such petition may be filed one year or
more after the beginning of the revocation period. The person
shall be afforded a hearing in accordance with 32 Ill. Adm. Code
200 and shall bear the burden of proof of establishing that the
registration should be reinstated due to rehabilitation.
Section 420.80 Civil Penalties
a) The Department shall assess civil penalties, in accordance with
subsection (c), against any unregistered person who sells a device
or performs a service, for compensation, for determining the
presence of radon or radon progeny, unless such person is exempt
from the registration requirements as specified in Section 420.30.
b) Prior to assessing civil penalties, the Department shall confirm
the violation of the registration requirements by:
1) Observation of the violation by a Departmental employee;
2) Obtaining records, documents, or other physical evidence; or
3) Obtaining signed, written statements from persons that
allege a violation has occurred.
c) Civil Penalties as provided in subsection (a) shall be assessed as
follows:
1) First violation by an unregistered person - $500.00
2) Subsequent violation by an unregistered person - $1,000.00
3) Failure of a registered individual to direct and supervise
radon testing activities of the unregistered employee of a
registered business or to review and approve test results
prepared by an unregistered employee prior to sending them
to the client - $1,000.00.
4) Failure of a registered person (business) to supervise its
unregistered employees - $1,000.00.
d) The Department shall impose civil penalties by issuing a
Preliminary Order and Notice of Opportunity for Hearing as
provided in 32 Ill. Adm. Code 200.60. Each day a violation occurs
shall constitute a separate offense.
