The Agency has authority under the Radiation Protection Act of
1990 [420 ILCS 40 ] to take actions necessary to abate violations of the Act or
any rules or regulations promulgated under the Act and may provide that all or
a portion of the cost of such actions be assessed to operators of radiation
installations or other persons responsible for the violation or contamination.
[420
ILCS 40/36]
a) The Agency may assess all or a portion of
the costs incurred to abate violations to responsible operators of radiation
installations or other responsible persons. Costs that are assessed shall be
based on the Agency's actual response costs, including, but not limited to:
1) Time required by the Agency professional
staff to coordinate response;
2)
Time spent traveling and providing administrative support;
3) Performance or oversight of
decontamination activities at properties contaminated with radioactive
material;
4) Performance or
oversight of confirmatory environmental monitoring;
5) Performance or oversight of treatment,
storage, transfer and disposal of sources of radiation;
6) Equipment and supplies; and
7) Contractual support, if any, incurred by
the Agency.
AGENCY NOTE: These support service costs may include, but are
not limited to, rental of specialized equipment, acquisition of additional
professional expertise not available within the Agency and laboratory fees
charged to the Agency.
b) Any party affected by an order of the
Agency assessing cost shall have the right to a hearing before the Agency in
accordance with 32 Ill.
Adm. Code 200.
