Public Act 098-0951
 
SB3055 EnrolledLRB098 19682 MGM 54888 b


  
    AN ACT concerning safety.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Water Well and Pump Installation 
Contractor's License Act is amended by changing Section 2 as 
follows:
 



    (225 ILCS 345/2)  (from Ch. 111, par. 7103)



    (Section scheduled to be repealed on January 1, 2022)

    Sec. 2. As used in this Act, unless the context otherwise 
requires: 

    (1) "Water well" and "well" mean any excavation that is 
drilled, cored,
bored, washed, driven, dug, jetted or otherwise 
constructed when the
intended use of such excavation is for the 
location, diversion,
artificial recharge, or acquisition of 
ground water, but such term does
not include an excavation made 
for the purpose of obtaining or
prospecting for oil, natural 
gas, minerals or products of mining or
quarrying or for 
inserting media to repressure oil or natural gas
bearing 
formation or for storing petroleum, natural gas or other

products, or monitoring wells;

    (2) "Ground water" means water of
under-ground aquifers,

streams, channels, artesian basins, reservoirs, lakes and 
other water
under the surface of the ground whether percolating 
or otherwise;

    (3) "Drill" and "drilling" mean all acts necessary to the

construction of a water well including the sealing of unused 
water well
holes;

    (4) "Water Well Contractor" and "Contractor" mean any 
person who
contracts to drill, alter or repair any water well;

    (5) "Water Well Pump Installation" means the selection of 
and the
procedure employed in the placement and preparation for 
operation of
equipment and materials utilized in withdrawing or 
obtaining water from
a well for any use, including all 
construction involved in making
entrance to the well and 
establishing such seals and safeguards as may
be necessary to 
protect such water from contamination and all
construction 
involved in connecting such wells and pumping units or
pressure 
tanks in the water supply systems of buildings served by such

well, including repair to any existing installation;

    (6) "Water Well Pump Installation Contractor" means any 
person
engaged in the business of installing or repairing pumps 
and pumping
equipment owned by others;

    (7) "Water Well and Pump Installation Contractor" means any 
person
engaged in both businesses described in subsections 4, 
5, and 6 above;

    (8) "Department" means the Department of Public Health  of 
this
State;

    (9) "Director" means the Director of the Department of 
Public Health;

    (10) "Board" means the Water Well and Pump Installation 
Contractors
Licensing Board created by Section 6 of this Act;

    (11) "Person" includes any natural person, partnership, 
association,
trust and public or private corporation;

    (12) "Monitoring well" means a water well intended for the 
purpose of
determining groundwater quality or quantity;

    (13) "Closed loop well" means a sealed, watertight loop of 
pipe buried outside of a building foundation intended to 
recirculate a liquid solution through a heat exchanger but is 
limited to the construction of the bore hole, piping in the 
bore hole, heat exchange fluid, and the grouting of the bore 
hole and does not include the piping and appurtenances used in 
any other capacity. "Closed loop well" does not include any 
horizontal closed loop well systems where grouting is not 
necessary by law or standard industry practice; 
    (14) "Closed loop well contractor" means any person who 
installs closed loop wells for another person. "Closed loop 
well contractor" does not include the employee of a closed loop 
contractor. 
(Source: P.A. 97-363, eff. 8-15-11.)

 
    Section 10. The Illinois Water Well Construction Code is 
amended  by changing Sections 3, 5, and 6 as follows:
 



    (415 ILCS 30/3)  (from Ch. 111 1/2, par. 116.113)



    Sec. 3. Definitions. As used in this Act, unless the 
context otherwise requires:

    (a) "Construction" means all acts necessary to obtaining 
ground water by
any method, including without limitation the 
location
of and the excavation for the well, but not including 
prospecting,
surveying or other acts preparatory thereto, nor 
the installation of pumps
and pumping equipment.

    (b) "Department" means the Department of Public Health.

    (c) "Director" means the Director of Public Health.

    (d) "Modification" means the alteration of the structure of 
an existing water well, including, but not limited to, 
deepening, elimination of a buried suction line, installation 
of a liner, replacing, repairing, or extending casing, or 
replacement of a well screen. Pertaining to closed loop wells, 
"modification" also means any alteration to the construction of 
the bore hole of an existing closed loop well, including, but 
not limited to, regrouting and installation of additional bore 
holes any change, replacement or other alteration of
any water 
well which shall be contrary to the rules and regulations

regarding the construction of a well.

    (e) "Water well" means any excavation that is drilled, 
cored, bored,
washed, driven, dug, jetted or otherwise 
constructed when the intended use
of such excavation is for the 
location, diversion, artificial recharge, or
acquisition of 
ground water, but such term does not include an excavation
made 
for the purpose of obtaining or prospecting for oil, natural 
gas,
minerals or products of mining or quarrying or for 
inserting media to
repressure oil or natural gas bearing 
formation or for storing petroleum,
natural gas or other 
products or for observation or any other purpose in
connection 
with the development or operation of a gas storage project.

    (f) "Public water system", "community water system", 
"non-community
water system", "semi-private water system" and 
"private water system" have
the meanings ascribed to them in 
the Illinois Groundwater Protection Act.

    (g) "Potential route", "potential primary source" and 
"potential
secondary source" have the meanings
ascribed to them 
in the Environmental
Protection Act.

    (h) "Closed loop well" means a sealed, watertight loop of 
pipe buried
outside of a building foundation intended to 
recirculate a liquid solution
through a heat exchanger but is 
limited to the construction of the bore hole, piping in the 
bore hole, heat exchange fluid, and the grouting of the bore 
hole and does not include the piping and appurtenances used in 
any other capacity. "Closed loop well" does not include any 
horizontal closed loop well systems where grouting is not 
necessary by law or standard industry practice.

    (i) "Monitoring well" means a water well intended for the 
purpose of
determining groundwater quality or quantity.

    (j) "Closed loop well contractor" means any person who

installs closed loop wells for another person. "Closed loop

well contractor" does not include the employee of a closed loop

contractor.
(Source: P.A. 97-363, eff. 8-15-11.)

 



    (415 ILCS 30/5)  (from Ch. 111 1/2, par. 116.115)



    Sec. 5. Department powers and duties. 

    The Department has general supervision and authority over 
the location,
construction and modification of water wells, 
closed loop wells and
monitoring wells and for the 
administration of
this Act. With respect thereto it shall:

        (a) Adopt and publish, and from time to time amend 
    rules and regulations
as hereinafter provided;

        (b) Commencing no later than January 1, 1988, issue 
    permits for the
construction, modification, abandonment, 
    or change in depth of any water well other than community 
    public
water systems and monitoring wells;

        (b-5) Commencing no later than one year after the 
    effective date of this amendatory Act of the 97th General 
    Assembly, issue permits for the construction, 
    modification, and abandonment of closed loop wells; and 
        (c) Exercise such other powers as are practical and 
    reasonably necessary
to carry out and enforce the 
    provisions of this Act.

(Source: P.A. 97-363, eff. 8-15-11.)

 



    (415 ILCS 30/6)  (from Ch. 111 1/2, par. 116.116)



    Sec. 6. Rules and regulations. The Department shall adopt 
and amend rules and regulations reasonably
necessary to 
effectuate the policy declared by this Act. Such rules and

regulations shall provide criteria for the proper location and 
construction
of any water well, closed loop well or monitoring 
well and shall, no
later than January 1, 1988, provide for
the 
issuance of permits for the construction, modification, and 
abandonment operation of water wells
other than community 
public water systems and
monitoring wells.  The
Department shall 
by
regulation require a one time
fee, not to exceed $100, for 
permits for construction, modification, or abandonment of 
water wells. The Department shall by rule require a one-time 
fee for permits for the construction, modification, or 
abandonment of closed loop wells.

(Source: P.A. 97-363, eff. 8-15-11.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.