Illinois Administrative Code
Title 32 - ENERGY
Part 310 - GENERAL PROVISIONS FOR RADIATION PROTECTION
Section 310.75 - Emergency Response Cost Recovery
Current through Register Vol. 48, No. 52, December 27, 2024
The Agency has authority under the Radiation Protection Act of 1990 [420 ILCS 40 ] to respond to conditions that constitute an immediate threat to health and to assess the costs of its response against the person or persons responsible for the creation or continuation of the threat. If the Agency is unable to determine who is responsible for the creation or continuation of the threat, the costs shall be assessed against the owner of the property and shall constitute a lien against the property until paid [420 ILCS 40/38(b)] .
a) Costs that are assessed shall be based on:
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) All reimbursable costs described in a reimbursement request by a governmental unit are subject to approval by the Director of the Agency. The Agency may request additional information in support of the requested reimbursement.
c) If a request by a governmental unit for costs is denied, or denied in part, the Agency shall notify the requesting governmental unit of the decision within 30 days after the date the request was submitted.
d) Each bill for emergency response costs assessed under this Section shall identify the items claimed and the costs related to each. Payment is due to the Agency within 45 days after receipt of the bill.
e) After all emergency response costs have been paid by the responsible parties, the Agency shall pay governmental units based on approved requests.
f) Any person assessed costs under this Section shall have the right to a hearing before the Agency provided a written request for a hearing is served on the Agency within 10 days after notice of the assessment. In the absence of receipt of a request for a hearing, the affected party shall be deemed to have waived the right to a hearing [420 ILCS 40/38(b)] . Hearings shall be conducted in accordance with 32 Ill. Adm. Code 200.