HB0308 EngrossedLRB097 05460 CEL 45519 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Water Well and Pump Installation
5Contractor's License Act is amended by changing Sections 2, 6
6and 13 as follows:
 
7    (225 ILCS 345/2)  (from Ch. 111, par. 7103)
8    (Section scheduled to be repealed on January 1, 2012)
9    Sec. 2. As used in this Act, unless the context otherwise
10requires:
11    (1) "Water well" and "well" mean any excavation that is
12drilled, cored, bored, washed, driven, dug, jetted or otherwise
13constructed when the intended use of such excavation is for the
14location, diversion, artificial recharge, or acquisition of
15ground water, but such term does not include an excavation made
16for the purpose of obtaining or prospecting for oil, natural
17gas, minerals or products of mining or quarrying or for
18inserting media to repressure oil or natural gas bearing
19formation or for storing petroleum, natural gas or other
20products, or monitoring wells;
21    (2) "Ground water" means water of under-ground aquifers,
22streams, channels, artesian basins, reservoirs, lakes and
23other water under the surface of the ground whether percolating

 

 

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1or otherwise;
2    (3) "Drill" and "drilling" mean all acts necessary to the
3construction of a water well including the sealing of unused
4water well holes;
5    (4) "Water Well Contractor" and "Contractor" mean any
6person who contracts to drill, alter or repair any water well;
7    (5) "Water Well Pump Installation" means the selection of
8and the procedure employed in the placement and preparation for
9operation of equipment and materials utilized in withdrawing or
10obtaining water from a well for any use, including all
11construction involved in making entrance to the well and
12establishing such seals and safeguards as may be necessary to
13protect such water from contamination and all construction
14involved in connecting such wells and pumping units or pressure
15tanks in the water supply systems of buildings served by such
16well, including repair to any existing installation;
17    (6) "Water Well Pump Installation Contractor" means any
18person engaged in the business of installing or repairing pumps
19and pumping equipment owned by others;
20    (7) "Water Well and Pump Installation Contractor" means any
21person engaged in both businesses described in subsections 4,
225, and 6 above;
23    (8) "Department" means the Department of Public Health of
24this State;
25    (9) "Director" means the Director of the Department of
26Public Health;

 

 

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1    (10) "Board" means the Water Well and Pump Installation
2Contractors Licensing Board created by Section 6 of this Act;
3    (11) "Person" includes any natural person, partnership,
4association, trust and public or private corporation;
5    (12) "Monitoring well" means a water well intended for the
6purpose of determining groundwater quality or quantity; .
7    (13) "Closed loop well" means a sealed, watertight loop of
8pipe buried outside of a building foundation intended to
9recirculate a liquid solution through a heat exchanger but is
10limited to the construction of the bore hole and the grouting
11of the bore hole and does not include the piping and
12appurtenances used in any other capacity. "Closed loop well"
13does not include any horizontal closed loop well systems where
14grouting is not necessary by law or standard industry practice;
15    (14) "Closed loop well contractor" means any person who
16installs closed loop wells for another person. "Closed loop
17well contractor" does not include the employee of a closed loop
18contractor.
19(Source: P.A. 86-843.)
 
20    (225 ILCS 345/6)  (from Ch. 111, par. 7107)
21    (Section scheduled to be repealed on January 1, 2012)
22    Sec. 6. Water Well and Pump Installation Contractors
23Licensing Board; Closed Loop Well Contractors Certification
24Board.
25    (a) There is created in the Department the Water Well and

 

 

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1Pump Installation Contractors Licensing Board which shall
2exercise its duties provided in this Act under the supervision
3of the Department. The Water Well and Pump Installation
4Contractors Licensing Board shall consist of 6 members,
5designated from time to time by the Director. Two members shall
6be licensed water well contractors, 2 two members shall be
7licensed water well pump installation contractors, and 2 two
8members shall be licensed water well and pump installation
9contractors. In making the appointments to the Water Well and
10Pump Installation Contractors Licensing Board, the Director
11shall consider the recommendation of the Illinois Association
12of Groundwater Professionals or its successor organization.
13    The members of the Water Well and Pump Installation
14Contractors Licensing Board shall be reimbursed for necessary
15traveling expenses in accordance with travel regulations
16prescribed by the Department of Finance.
17    The Water Well and Pump Installation Contractors Licensing
18Board shall advise and aid the Director in:
19        (1) (a) preparing subject matter for continuing
20    education sessions and examinations to test the knowledge
21    and skills of applicants for license in the construction,
22    installation and repair of water wells, well pumps, water
23    pressure storage tanks, connecting piping and related
24    appurtenances, including proper sealing of abandoned water
25    wells, and the rules and regulations of the Department
26    promulgated pursuant to the Illinois Pump Installation

 

 

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1    Code Law and the Illinois Water Well Construction Code Law;
2        (2) (b) promulgating rules to govern the number of
3    hours of continuing education required for a continuing
4    education session, examinations, hearings for suspension
5    or revocation of or refusal to issue or renew a license,
6    clarifying the law as it relates to water well and pump
7    installation contracting;
8        (3) (c) holding examinations of applicants for license
9    at least once a year prior to November 1st in each year;
10        (4) (d) holding hearings for the revocation or
11    suspension of, or refusal to issue, renew or reinstate
12    licenses;
13        (5) (e) submitting recommendations to the Director
14    from time to time for the efficient administration of this
15    Act;
16        (6) (f) grading all tests and examinations for licenses
17    and promptly reporting the results to the Director; and
18        (7) (g) performing such other duties from time to time
19    prescribed by the Director; and .
20        (8) consulting and agreeing with the Closed Loop Well
21    Contractors Certification Board regarding:
22            (i) the registering and certification of closed
23        loop well contractors; and
24            (ii) the installation of closed loop wells.
25    For purposes of this item (8), the term "closed loop well"
26    shall be limited to the construction, installation,

 

 

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1    repair, and abandonment of the bore hole and the grouting
2    of the bore hole.
3    (b) There is created in the Department the Closed Loop Well
4Contractors Certification Board, which shall exercise its
5duties provided in this Act under the supervision of the
6Department. The Closed Loop Well Contractors Certification
7Board shall consist of 6 members, designated from time to time
8by the Director. A temporary board shall be appointed by the
9Department for the sole purpose of assisting with the process
10of initial certification and registration of closed loop well
11contractors and shall remain in place until 2 years after the
12effective date of this amendatory Act of the 97th General
13Assembly. On the dissolution of the temporary board, the 6
14members must be closed loop well contractors who are registered
15and certified under this Act. In making appointments to the
16Closed Loop Well Contractors Certification Board, the Director
17shall consider the recommendations of organizations that are
18representative of the closed loop well industry in Illinois.
19Recommendations shall include consideration of statewide
20geographical representation.
21    The Closed Loop Well Contractors Certification Board shall
22advise and aid the Director in:
23        (1) preparing subject matter for continuing education
24    sessions relating to closed loop wells and preparing
25    examinations to test the knowledge and skills of applicants
26    for certification relating to the construction,

 

 

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1    installation, repair, and abandonment of closed loop wells
2    and the rules of the Department adopted under this Act for
3    closed loop wells;
4        (2) adopting rules relating to (i) closed loop wells,
5    (ii) continuing education requirements, (iii)
6    examinations, (iv) hearings for suspension or revocation
7    of or refusal to issue or renew a certification, and (v)
8    the construction, installation, repair, and abandonment of
9    closed loop wells;
10        (3) holding examinations of applicants for
11    certification at least once a year prior to November 1st in
12    each year;
13        (4) holding hearings for the revocation or suspension
14    of, or refusal to issue, renew, or reinstate,
15    certifications;
16        (5) submitting recommendations to the Director from
17    time to time for the efficient administration of this Act;
18        (6) grading all tests and examinations for
19    certifications, and promptly reporting the results to the
20    Director;
21        (7) performing such other duties as may be from time to
22    time prescribed by the Director; and
23        (8) conferring with the Water Well and Pump
24    Installation Contractors Licensing Board regarding the
25    construction, installation, repair, and abandonment of
26    closed loop wells.

 

 

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1(Source: P.A. 90-692, eff. 1-1-99.)
 
2    (225 ILCS 345/13)  (from Ch. 111, par. 7114)
3    (Section scheduled to be repealed on January 1, 2012)
4    Sec. 13. The fee to be paid by an applicant for an
5examination to determine his fitness to receive a license as a
6water well contractor is $50.
7    The fee to be paid by an applicant for an examination to
8determine his fitness to receive a license as a water well pump
9installation contractor is $50.
10    The fee to be paid by an applicant for an examination to
11determine his fitness to receive a license as a water well and
12pump installation contractor is $80.
13    The fee to be paid by an applicant for the annual renewal
14of a license as a water well contractor or water well pump
15installation contractor is $25.
16    The fee to be paid by an applicant for the annual renewal
17of a license as a water well and pump installation contractor
18is $35.
19    The fee to be paid by an applicant for the reinstatement of
20a water well contractor license or a water well pump
21installation contractor license which has lapsed less than 3
22years is $10, plus all lapsed renewal fees.
23    The fee to be paid by an applicant for restoration of a
24water well contractor's license or water well pump installation
25contractor's license which has lapsed more than three years is

 

 

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1$150.
2    The fee to be paid by an applicant for the reinstatement of
3a water well and pump installation contractor license which has
4lapsed less than 3 years is $15, plus all lapsed renewal fees.
5    The fee to be paid by an applicant for the restoration of a
6license as a water well and pump installation contractor which
7has lapsed more than 3 years is $175.
8    There shall be no reduction in such fees because a license
9when issued may be valid for less time than a full license
10year.
11(Source: P.A. 77-1626.)
 
12    Section 10. The Illinois Water Well Construction Code is
13amended by changing Sections 3, 5, and 6 and by adding Sections
149.1 and 9.2 as follows:
 
15    (415 ILCS 30/3)  (from Ch. 111 1/2, par. 116.113)
16    Sec. 3. Definitions. As used in this Act, unless the
17context otherwise requires:
18    (a) "Construction" means all acts necessary to obtaining
19ground water by any method, including without limitation the
20location of and the excavation for the well, but not including
21prospecting, surveying or other acts preparatory thereto, nor
22the installation of pumps and pumping equipment.
23    (b) "Department" means the Department of Public Health.
24    (c) "Director" means the Director of Public Health.

 

 

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1    (d) "Modification" means any change, replacement or other
2alteration of any water well which shall be contrary to the
3rules and regulations regarding the construction of a well.
4    (e) "Water well" means any excavation that is drilled,
5cored, bored, washed, driven, dug, jetted or otherwise
6constructed when the intended use of such excavation is for the
7location, diversion, artificial recharge, or acquisition of
8ground water, but such term does not include an excavation made
9for the purpose of obtaining or prospecting for oil, natural
10gas, minerals or products of mining or quarrying or for
11inserting media to repressure oil or natural gas bearing
12formation or for storing petroleum, natural gas or other
13products or for observation or any other purpose in connection
14with the development or operation of a gas storage project.
15    (f) "Public water system", "community water system",
16"non-community water system", "semi-private water system" and
17"private water system" have the meanings ascribed to them in
18the Illinois Groundwater Protection Act.
19    (g) "Potential route", "potential primary source" and
20"potential secondary source" have the meanings ascribed to them
21in the Environmental Protection Act.
22    (h) "Closed loop well" means a sealed, watertight loop of
23pipe buried outside of a building foundation intended to
24recirculate a liquid solution through a heat exchanger but is
25limited to the construction of the bore hole and the grouting
26of the bore hole and does not include the piping and

 

 

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1appurtenances used in any other capacity. "Closed loop well"
2does not include any horizontal closed loop well systems where
3grouting is not necessary by law or standard industry practice.
4    (i) "Monitoring well" means a water well intended for the
5purpose of determining groundwater quality or quantity.
6    (j) "Closed loop well contractor" means any person who
7installs closed loop wells for another person. "Closed loop
8well contractor" does not include the employee of a closed loop
9contractor.
10(Source: P.A. 86-843.)
 
11    (415 ILCS 30/5)  (from Ch. 111 1/2, par. 116.115)
12    Sec. 5. Department powers and duties.
13    The Department has general supervision and authority over
14the location, construction and modification of water wells,
15closed loop wells and monitoring wells and for the
16administration of this Act. With respect thereto it shall:
17    (a) Adopt and publish, and from time to time amend rules
18and regulations as hereinafter provided;
19    (b) Commencing no later than January 1, 1988, issue permits
20for the construction or change in depth of any water well other
21than community public water systems and monitoring wells; and
22    (b-5) Commencing no later than one year after the effective
23date of this amendatory Act of the 97th General Assembly, issue
24permits for the construction, modification, and abandonment of
25closed loop wells; and

 

 

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1    (c) Exercise such other powers as are practical and
2reasonably necessary to carry out and enforce the provisions of
3this Act.
4(Source: P.A. 86-843.)
 
5    (415 ILCS 30/6)  (from Ch. 111 1/2, par. 116.116)
6    Sec. 6. Rules and regulations. The Department shall adopt
7and amend rules and regulations reasonably necessary to
8effectuate the policy declared by this Act. Such rules and
9regulations shall provide criteria for the proper location and
10construction of any water well, closed loop well or monitoring
11well and shall, no later than January 1, 1988, provide for the
12issuance of permits for the construction and operation of water
13wells other than community public water systems, closed loop
14wells and monitoring wells. The Department shall by regulation
15require a one time fee, not to exceed $100, for permits for
16construction, modification, or abandonment of water wells. The
17Department shall by rule require a one-time fee for permits for
18the construction, modification, or abandonment of closed loop
19wells. issued under the authority of this Act.
20(Source: P.A. 86-843.)
 
21    (415 ILCS 30/9.1 new)
22    Sec. 9.1. Closed loop well contractor certification.
23    (a) Within 2 years after the effective date of this
24amendatory Act of the 97th General Assembly, all closed loop

 

 

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1well contractors, shall be certified by the Department. The
2Department shall issue closed loop well contractor
3certificates to those applicants who are qualified and have
4successfully passed the Department's closed loop well
5contractor's certification exam. Application for certification
6as a closed loop well contractor must be made to the Department
7in writing and under oath or affirmation on forms prescribed
8and furnished by the Department. Applications may require any
9information the Department deems necessary in order to carry
10out the provisions of this Act. The Department shall collect a
11fee for the closed loop well contractor's qualification exam.
12    (b) Any person holding a valid water well contractor's
13license issued under the Water Well and Pump Installation
14Contractor's License Act may apply and receive, without
15examination or fee, a closed loop well contractor's
16certification, provided that all other requirements of this Act
17are met.
18    (c) Any person who only installs horizontal closed loop
19wells using the open trench method shall be exempt from
20certification under this Section.
 
21    (415 ILCS 30/9.2 new)
22    Sec. 9.2. Closed loop well contractor registration.
23    (a) Beginning one year after the effective date of this
24amendatory Act of the 97th General Assembly, no person may
25engage in the occupation of a closed loop well contractor

 

 

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1unless he or she holds a valid certificate of registration as a
2closed loop well contractor issued by the Department.
3    (b) All closed loop well contractors doing business in this
4State must annually file an application for registration with
5the Department.
6    (c) One year after the effective date of this amendatory
7Act of the 97th General Assembly, all applications filed for
8registration under this Section must be accompanied by
9verification of the certification of the applicant by an
10organization approved by the Department for its
11appropriateness in determining the knowledge and expertise as a
12closed loop well contractor, and the applicant must submit
13proof of certification under Section 9.1 of this Act, unless
14specifically exempt from certification in subsection (c) of
15Section 9.1 of this Act.
16    (d) Certificates of registration issued under this Section
17shall expire and must be renewed on an annual basis.
18    (e) The Department shall collect an annual fee for
19registration of a closed loop well contractor.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.