Text File

DEPARTMENT OF NUCLEAR SAFETY--POWERS ENABLING STATUTE

(Ch. 127, par. 63b17)

Sec. 71. A. The Department of Nuclear Safety shall exercise, administer and enforce all rights, powers and duties vested in the Department of Public Health by the following named Acts or Sections thereof:

1. "An Act to require the registration of radiation installations as herein defined, to investigate and inspect all radiation installation in this State, to provide injunctive relief and penalties for violations of this Act, and to make an appropriation therefor", approved July 5, 1957, as amended.

2. "Radiation Protection Act", approved July 17, 1959, as amended.

3. "An Act to authorize the Director of Public Health to purchase, lease accept, or acquire suitable sites for the concentration and storage of radioactive waste, to provide for supervision of the operation of such sites and to authorize the Department of Public Health to prepare and enforce regulations pertaining to the use and operation of such sites", approved August 16, 1963, as amended.

4. "An Act to require employers to provide a type of personnel radiation monitoring service acceptable to the Department of Public Health for those employees subject to radiation monitoring and to report the personnel radiation exposure records furnished by such service to the Department of Public Health; and to prohibit the operation of personnel radiation monitoring service without approval of the Department of Public Health", approved August 16, 1963, as amended.

5. "An Act to require registration of laser systems as herein defined, to authorize the Department of Public Health to investigate and inspect all laser systems in the State, to require reporting of any accidental injuries sustained by such laser systems and provide injunctive relief and penalties for violations of this Act", approved August 11, 1967, as amended.

6. "The "Illinois Nuclear Safety Preparedness Act", approved September 14, 1979.

B. All the rights, powers and duties vested in the Director of Public Health by "An Act to create the Illinois Commission on Atomic Energy, defining the powers and duties of the Commission, and making an appropriation therefor", effective September 10, 1971, as amended, are transferred to the Director of Nuclear Safety. The Director of Nuclear Safety, after the effective date this amendatory Act of 1980, shall serve as an ex officio member of the Illinois Commission on Atomic Energy in the place and stead of the Director of Public Health.

C. The Department of Nuclear Safety shall exercise, administer and enforce all rights, powers and duties: 1. Vested in the Office of the State Fire Marshal by the "Boiler and Pressure Vessel Safety Act", approved August 7, 1951, as amended, to the extent such rights, powers and duties relate to nuclear steam-generating facilities.

2. As relating to nuclear steam-generating facilities, vested in the Board of Boiler and Pressure Vessel Rules by the "Boiler and Pressure Vessel Safety Act", approved August 7, 1951, as amended, which includes but are not limited to the formulation of definitions, rules and regulations for the safe and proper construction, installation, repair, use and operation of nuclear steam-generating facilities, the adoption of rules for already installed nuclear steam-generating facilities, the adoption of rules for accidents in nuclear steam-generating facilities, the examination for or suspension of inspectors' licenses of such facilities and the hearing of appeals from decisions relating to such facilities.

3. As relating to nuclear steam-generating facilities, vested in the State Fire Marshal or the Chief Inspector by the "Boiler and Pressure Vessel Safety Act", approved August 7, 1951, as amended, which include but are not limited to the employment of inspectors of nuclear steam-generating facilities, issuance or suspension of their commissions, prosecution of the Act or rules promulgated thereunder for violations by nuclear steam-generating facilities, maintenance of inspection records of all such facilities, publication of rules relating to such facilities, having free access to such facilities, issuance of inspection certificates of such facilities and the furnishing of bonds conditioned upon the faithful performance of their duties. The Director of Nuclear Safety may designate a Chief Inspector, or such other inspectors, as he deems necessary to perform the functions transferred by this subsection C.

The transfer of rights, powers and duties specified in the immediately preceding paragraphs 1, 2, and 3 is limited to the program transferred by this amendatory Act of 1980 and shall not be deemed to abolish or diminish the exercise of those same rights, powers and duties by the Office of the State Fire Marshal, the Board of Boiler and Pressure Vessel Rules, the State Fire Marshal, or the Chief Inspector with respect to programs retained by the Office of the State Fire Marshal.

D. The Department of Nuclear Safety shall exercise, administer, and enforce all rights, powers and duties vested in the Environmental Protection Agency by paragraphs a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4 and Sections 30-45 inclusive of "An Act to protect the environment of the State and repeal certain Acts therein named", approved July 1, 1970, as amended, to the extent that such powers relate to standards of the Pollution Control Board adopted pursuant to subsection K of this Section. The transfer of rights, powers and duties specified in this paragraph is limited to the program transferred by this amendatory Act of 1980 and shall not be deemed to abolish or diminish the exercise of those same rights, powers and duties by the Environmental Protection Agency with respect to programs retained by the Environmental Protection Agency.

E. The Department of Nuclear Safety, in lieu of the Department of Public Health, shall register, license, inspect and control radiation sources and shall purchase, lease, accept or acquire lands, buildings and grounds where radioactive wastes can be disposed and to supervise and regulate the operation of such disposal sites.

F. The Department of Nuclear Safety shall have primary responsibility to formulate a comprehensive emergency preparedness and response plan for any nuclear accident, and shall develop such a plan in cooperation with the Emergency Services and Disaster Agency. The Department of Nuclear Safety shall also train and maintain an emergency response team.

G. The Department of Nuclear Safety shall formulate a comprehensive plan regarding the transportation of nuclear and radioactive materials in Illinois. The Department shall have primary responsibility for all State governmental regulation of the transportation of nuclear and radioactive materials, insofar as such regulation pertains to the public health and safety. This responsibility shall include but not be limited to the authority to oversee and coordinate regulatory functions performed by the Department of Transportation, the Department of Law Enforcement, and the Illinois Commerce Commission.

H. The Department of Nuclear Safety shall formulate a comprehensive plan regarding disposal of nuclear and radioactive materials in this State. The Department shall establish minimum standards for disposal sites, shall evaluate and publicize potential effects on the public health and safety, and shall report to the Governor and the General Assembly all violations of the adopted standards. In carrying out this function, the Department of Nuclear Safety shall work in cooperation with the Illinois Commission on Atomic Energy and the Radiation Protection Advisory Council.

I. The Department of Nuclear Safety, in cooperation with the Illinois Department of Energy and Natural Resources, shall study (a) the impact and cost of nuclear power and compare these to the impact and cost of alternative sources of energy, (b) the potential effects on the public health and safety of all radioactive emissions from nuclear power plants, and (c) all other factors which bear on the use of nuclear power or on nuclear safety. The Department shall formulate a general nuclear policy for the State based on the findings of such study. Such policy shall include but not be limited to the feasibility of continued use of nuclear power, effects of the use of nuclear power on the public health and safety, minimum acceptable standards for the location of any future nuclear power plants, and rules and regulations for the reporting by public utilities of radioactive emissions from power plants. The Department shall establish a reliable system for communication between the public and the Department and for dissemination of information by the Department. The Department shall publicize the findings of all studies and make such publications reasonably available to the public.

J. The Department of Nuclear Safety shall have primary responsibility for the coordination and oversight of all State governmental functions concerning the regulation of nuclear power, including low level waste management, environmental monitoring, and transportation of nuclear waste. Functions performed on the effective date of this amendatory Act of 1980 by the Department of Law Enforcement, Department of Transportation, and Emergency Services and Disaster Agency in the area of nuclear safety may continue to be performed by these agencies but under the direction of the Department of Nuclear Safety. All other governmental functions regulating nuclear safety shall be coordinated by Department of Nuclear Safety.

K. The Department of Nuclear Safety shall enforce the regulations promulgated by the Pollution Control Board under Section 25b of the Environmental Protection Act. Pursuant to such regulations the Department shall require that a person, corporation or public authority intending to construct a nuclear steam- generating facility or a nuclear fuel reprocessing plant file with the Department an environmental feasibility report which incorporates the data provided in the preliminary safety analysis required to be filed with the United States Nuclear Regulatory Commission.

L. Personnel previously assigned to the programs transferred from the Department of Public Health and the Office of the State Fire Marshal are hereby transferred to the Department of Nuclear Safety. The rights of the employees, the State and executive agencies under the Personnel Code or any collective bargaining agreement, or under any pension, retirement or annuity plan shall not be affected by this amendatory Act of 1980.

M. All books, records, papers, documents, property (real or personal), unexpended appropriations and pending business in any way pertaining to the rights, powers and duties transferred by this amendatory Act of 1980 shall be delivered and transferred to the Department of Nuclear Safety.

N. All files, records and data gathered by or under the direction or authority of the Director under this Act shall be made available to the Department of Public Health pursuant to the Illinois Health and Hazardous Substances Registry Act.