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and Specifications 310.130 The International System of Units (SI) 310.APPENDIX A Transport Grouping of Radionuclides (Repealed) 310.APPENDIX B Tests for Special Form Licensed Material (Repealed) 310.APPENDIX C Penalty Assessment Worksheet AUTHORITY: Implementing and authorized by the Radiation Protection Act of 1990 (Ill.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: 175(grams contained U-235) +50(grams U-233) +50(grams Pu) = 1 350 200 200 "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: 0 - 5 $0 _______ 6 - 10 $100 (10%) _______ >10 $200 (20%) _______ B. Severity Very small potential $0 _______ Potential environmental effects $100 (10%) ________ Potential health effects $200 (20%) ________ Environmental and Health effects $400 (40%) ________ C. Negligence Negligence $100 (10%) ________ Recklessness $200 (20%) ________ Willfulness $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)