An Act to require the registration of radiation installations as herein
defined, to investigate and inspect all radiation installations in this State,
to provide injunctive relief and penalties for violations of this Act, and to
make an appropriation therefor, approved July 5, 1957.
Section 193.9 Short title. This Act may be cited as the Radiation
Installation Act.
Section 194. Definitions
1. For the purposes of this Act:
(a) "Radiation" includes gamma rays and x-rays, alpha and beta
particles, high speed electrons, neutrons, protons, and other nuclear
particles or electro-magnetic radiations capable of producing ions directly or
indirectly in their passage through matter; but does not include sound or
radio waves, or visible, infrared or ultraviolet light.
(b) "radiation machine" is any device which is capable of producing
radiations when the associated control devices are operated.
(c) "radioactive material" is any material, solid, liquid or gas which
emits radiation spontaneously.
(d) "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.
(e) "operator" is an individual, group of individuals, partnership,
firm, corporation or association conducting the business or activities carried
on within a radiation installation.
(f) "sealed source" is any device containing radioactive material to
be used primarily as a source of radiation which has been constructed in such
a manner as to prevent the escape, under normal conditions, of any radioactive
material.
(g) "Department" means the Department of Nuclear Safety of this State.
(h) "Director" means the Director of the Department of Nuclear Safety.
(i) "National Committee on Radiation Protection" shall include, in the
event the National Committee on Radiation Protection ceases to recommend
standards for radiation protection, the organization which is the successor to
said Committee, or any comparable nationally recognized agency which is
established for the purpose of recommending standards for radiation
protection.
Section 195. Registration of Installation--Forms--Contents
2. Every operator of a radiation installation shall register such
installation with the Director of the Department of Nuclear Safety before said
installation is placed in operation. The registration shall be made on a form
prescribed by the Department of Nuclear Safety. The form shall contain the
following information: the name of the operator; the location and a
designation of the confines of the installation; a statement of the type and
strength of the sources of radiation expected to be produced, used, operated,
stored or disposed of within the installation, and the approximate total
number of each type; and, such other information as the Department may deem
necessary. Provided, if the registration of each source of radiation or the
type or strength of each source of radiation is impractical, the Director,
upon request of the operator or central committee, may approve blanket
registration of the installation.
A central committee (such as an isotope committee) having supervision
for radiological safety over two or more radiation installations may, upon
approval of the Director, register such installations in lieu of registration
by the individual operator.
The registration of any radiation installation shall be effective as
provided above until there is any change in such installation which might
increase or decrease the number of sources, source strength, output or energy
of radiation produced. If any change, as hereinbefore provided, occurs in any
radiation installation, such change or changes shall be registered with the
Director, on forms to be prescribed by the Department, as an amendment to the
original registration. The dates for filing such amendments are as follows:
if the change or changes occur between January 1 and June 30, each inclusive,
of any year, the amendment shall be filed between July 1 and July 31 of the
year in which the change or changes occur; if the change or changes occur
between July 1 and December 31, each inclusive, of any year, the amendment
shall be filed between January 1 and January 31 following the year in which
the change or changes occur. The amendment shall include all changes which
have occurred during the period for which the amendment is filed. Provided,
if the registration of changes in the radiation installation by the filing of
amendments is impractical, the Director, upon request of the operator or
central committee, may approve blanket registration or blanket amendment to
registration of such installation.
Whenever a radiation installation, which is registered under the
provisions of this Act, discontinues to use radiation machines or to produce,
transport, store, dispose or use radioactive materials, which discontinuance
causes the installation to no longer be a radiation installation, required to
be registered by this Act, the operator of such installation shall, within 30
days after such discontinuance, give written notice to the Director indicating
the date of such discontinuance and the final disposition of all radiation
machines and radioactive material.
Registration of any radiation installation shall not imply approval of
manufacture, storage, use, handling, operation or disposal of radiation
machines or radioactive materials, but shall serve merely as notice to the
Department of Nuclear Safety of the location and character of radiation
sources in this State.
2.1. Beginning January 1, 1990, every operator of a radiation
installation where radiation machines are possessed shall register such
machines with the Director of the Department of Nuclear Safety. The
registration shall be filed annually on a form prescribed by the Department.
Every installation operator required to register under this Section shall pay
the Department an annual registration fee of $10 per radiation machine
possessed on January 1. Registration fees shall be due on February 1. If the
registration fee is not paid before March 1, the registration fee shall be
increased to $50 per radiation machine. If the registration fee is not paid
by May 1, the Department shall issue an order directing the operator of the
installation to cease use of the radiation machines. The order shall afford
the operator a right to a hearing before the Department; however, a written
request for hearing must be served on the Department within 10 days of notice
of the order. If the operator fails to file a timely request for hearing with
the Department, he shall be deemed to have waived his right to a hearing. The
Department shall also issue an order as provided in this Section directing the
operator of the radiation installation to cease use of any radiation machine
for which registration fees due in 1990 or 1991 have not be paid as of 120
days after the effective date of this amendatory Act of 1991. Fees collected
under this Section shall be deposited in the Radiation Protection Fund and are
not refundable.
Section 196. Materials not subject to Act
3. The registration requirements of this Act shall not apply to the
following materials, machines or conditions:
(a) natural radioactive materials of an equivalent specific
radioactivity not exceeding that of natural potassium, except when such
materials are produced, stored, used, handled or disposed in such quantity or
fashion that any person might receive within a week a radiation dose exceeding
one-tenth the maximum permissible total weekly dose for any critical organ
exposed, as determined by the standards established by the National Committee
on Radiation Protection.
(b) Radioactive material in such quantity that if the entire amount
were taken internally, continuously, or at one time by a person, no harmful
effect would be likely to result. Listings of the upper limits of quantities
of radioactive materials which are exempt from registration are given in the
following table. These limits apply only for radioactive material not
contained in sealed sources:
Upper Upper Upper
Radio- Limit Radio- Limit Radio- Limit
active Micro- active Micro- active Micro-
Material curie Material curie Material curie
Pb210 1 V48 100 Tl200 100
Po210 1 Fe59 100 Tl204 100
At211 1 Zn65 100 Pb203 100
Ra226 1 Ga72 100 Th234 100
Ac227 1 As76 100 H3 1000
U233 1 Rb86 100 Be7 1000
Pu239 1 Sr89 100 C14 1000
Am241 1 Y91 100 Na24 1000
Cm242 1 Nb95 100 S35 1000
Sc46 10 Tc96 100 K42 1000
Co60 10 Rh105 100 Cr51 1000
Sr90 10 Cd109 100 Fe55 1000
Ag105 10 Ag111 100 Mn56 1000
Ru106 10 Sn113 100 Ni59 1000
Te129 10 Te127 100 Cu64 1000
I131 10 Ba140 100 Ge71 1000
Cs137 10 La140 100 Mo99 1000
Ce144 10 Pr143 100 Pd103 1000
Eu154 10 Sm151 100 Pm147 1000
W181 10 Ho166 100 Ir190 1000
Re183 10 Ta170 100 Au196 1000
Ir192 10 Lu177 100 Tl201 1000
P32 100 Tm182 100 Tl202 1000
Upper Upper Upper
Radio- Limit Radio- Limit Radio- Limit
active Micro- active Micro- active Micro-
Material curie Material curie Material curie
Cl36 100 Pt191 100 Natural U 1000
Ca45 100 Pt193 100 Natural Th 1000
Sc47 100 Au198 100
Sc48 100 Au199 100
(c) Radioactive materials in sealed sources in total quantities not
exceeding one millicurie for a given installation.
(d) Timepieces, instruments, novelties or devices containing self-
luminous elements, except during the manufacture of the self-luminous elements
and the production of said timepieces, instruments, novelties; and except when
the timepieces, instruments, novelties or devices are stored, used, repaired,
handled or disposed in such quantity or fashion that any person might receive
within a week a radiation dose exceeding one-tenth the maximum permissible
total weekly dose for any critical organ exposed, as determined by the
standards established by the National Committee on Radiation Protection.
(e) Electrical equipment that is primarily not intended to produce
radiation and which operates in such a manner that no person may receive
within a week a radiation dose exceeding one-tenth the maximum permissible
total weekly dose for any critical organ exposed, as determined by the
standards established by the National Committee on Radiation Protection.
Provided, the production testing or production servicing of all such
electrical equipment shall not be exempt from registration.
(f) Any radioactive material or radiation machine being transported on
vessels, aircraft, railroad cars, or motor vehicles in conformity with
regulations adopted by any agency having jurisdiction over safety during
transportation.
(g) Radiation machines, radioactive materials and radiation
installations which the Department of Public Health finds to be without
radiation hazard, as determined by the standards established by the National
Committee on Radiation Protection.
Section 197. Inspections and investigations--Reports
4. The Department of Nuclear Safety is authorized to inspect and
investigate the premises and operations and personnel of all radiation
installations in this State, whether or not such installations are required to
be registered by this Act, for the purpose of studying and evaluating the
past, current and potential hazard to the health of the people of this State
caused by the increasing use and operation of radiation machines and
radioactive materials. Reports of inspections conducted at installations
licensed or otherwise regulated by United States Nuclear Regulatory
Commission, or its successor agency, under the authority of the Federal Atomic
Energy Act of 1954, as amended, shall be made by the Department on a monthly
basis to the United States Nuclear Regulatory Commission, and shall be made
available to the public.
Section 198. Public policy--Injunctive relief
5. The conducting of any business or the carrying on of activities
within a radiation installation without registering such installation or
without complying with the provisions of this Act in regard to such
installation is declared to be inimical to the public welfare and public
safety and to constitute a public nuisance. It shall be the duty of the
Attorney General, upon the request of the Department, to maintain an action in
the name of the People of the State of Illinois to enjoin any operator from so
unlawfully engaging in the business or activities conducted within the
radiation installation until the operator of such installation complies with
the provisions of this Act. Such injunctive remedy shall be in addition to,
and not in lieu of any criminal penalty provided in this Act.
Section 199. Failure to comply with Act--Punishment
6. Any operator who fails to comply with the provisions of this Act
is guilty of a Class B misdemeanor; provided, each day that any operator so
fails to comply such constitute a separate offense.
Section 200. Partial invalidity
8. If any provision of this Act, or the application of such provision
to any person or circumstances, is held invalid, the remainder of this Act and
the application of such provision to persons or circumstances other than those
to which it is held invalid, shall not be affected thereby.
