State of Illinois
2013 and 2014


Introduced 2/7/2014, by Sen. Daniel Biss


415 ILCS 30/3  from Ch. 111 1/2, par. 116.113
415 ILCS 30/5  from Ch. 111 1/2, par. 116.115
415 ILCS 30/6  from Ch. 111 1/2, par. 116.116

    Amends the Illinois Water Well Construction Code. Changes the definitions of "modification" and "closed loop well". Makes other changes. Effective immediately.

LRB098 19682 MGM 54888 b





SB3055LRB098 19682 MGM 54888 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Water Well Construction Code is
5amended by changing Sections 3, 5, and 6 as follows:
6    (415 ILCS 30/3)  (from Ch. 111 1/2, par. 116.113)
7    Sec. 3. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Construction" means all acts necessary to obtaining
10ground water by any method, including without limitation the
11location of and the excavation for the well, but not including
12prospecting, surveying or other acts preparatory thereto, nor
13the installation of pumps and pumping equipment.
14    (b) "Department" means the Department of Public Health.
15    (c) "Director" means the Director of Public Health.
16    (d) "Modification" means the alteration of the structure of
17an existing water well, including, but not limited to,
18deepening, elimination of a buried suction line, installation
19of a liner, replacing, repairing, or extending casing, or
20replacement of a well screen. Pertaining to closed loop wells,
21"modification" also means any alteration to the construction of
22the borehole of an existing closed loop well, including, but
23not limited to, regrouting and installation of additional



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1boreholes any change, replacement or other alteration of any
2water well which shall be contrary to the rules and regulations
3regarding 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, piping in the
26borehole, heat exchange fluid, and the grouting of the bore



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1hole and does not include the piping and appurtenances used in
2any other capacity. "Closed loop well" does not include any
3horizontal closed loop well systems where grouting is not
4necessary by law or standard industry practice.
5    (i) "Monitoring well" means a water well intended for the
6purpose of determining groundwater quality or quantity.
7    (j) "Closed loop well contractor" means any person who
8installs closed loop wells for another person. "Closed loop
9well contractor" does not include the employee of a closed loop
11(Source: P.A. 97-363, eff. 8-15-11.)
12    (415 ILCS 30/5)  (from Ch. 111 1/2, par. 116.115)
13    Sec. 5. Department powers and duties.
14    The Department has general supervision and authority over
15the location, construction and modification of water wells,
16closed loop wells and monitoring wells and for the
17administration of this Act. With respect thereto it shall:
18        (a) Adopt and publish, and from time to time amend
19    rules and regulations as hereinafter provided;
20        (b) Commencing no later than January 1, 1988, issue
21    permits for the construction, modification, abandonment,
22    or change in depth of any water well other than community
23    public water systems and monitoring wells;
24        (b-5) Commencing no later than one year after the
25    effective date of this amendatory Act of the 97th General



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1    Assembly, issue permits for the construction,
2    modification, and abandonment of closed loop wells; and
3        (c) Exercise such other powers as are practical and
4    reasonably necessary to carry out and enforce the
5    provisions of this Act.
6(Source: P.A. 97-363, eff. 8-15-11.)
7    (415 ILCS 30/6)  (from Ch. 111 1/2, par. 116.116)
8    Sec. 6. Rules and regulations. The Department shall adopt
9and amend rules and regulations reasonably necessary to
10effectuate the policy declared by this Act. Such rules and
11regulations shall provide criteria for the proper location and
12construction of any water well, closed loop well or monitoring
13well and shall, no later than January 1, 1988, provide for the
14issuance of permits for the construction, modification, and
15abandonment operation of water wells other than community
16public water systems and monitoring wells. The Department shall
17by regulation require a one time fee, not to exceed $100, for
18permits for construction, modification, or abandonment of
19water wells. The Department shall by rule require a one-time
20fee for permits for the construction, modification, or
21abandonment of closed loop wells.
22(Source: P.A. 97-363, eff. 8-15-11.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.