SB3055 EnrolledLRB098 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 Water Well and Pump Installation
5Contractor's License Act is amended by changing Section 2 as
6follows:
 
7    (225 ILCS 345/2)  (from Ch. 111, par. 7103)
8    (Section scheduled to be repealed on January 1, 2022)
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, piping in the
11bore hole, heat exchange fluid, and the grouting of the bore
12hole and does not include the piping and appurtenances used in
13any other capacity. "Closed loop well" does not include any
14horizontal closed loop well systems where grouting is not
15necessary by law or standard industry practice;
16    (14) "Closed loop well contractor" means any person who
17installs closed loop wells for another person. "Closed loop
18well contractor" does not include the employee of a closed loop
19contractor.
20(Source: P.A. 97-363, eff. 8-15-11.)
 
21    Section 10. The Illinois Water Well Construction Code is
22amended by changing Sections 3, 5, and 6 as follows:
 
23    (415 ILCS 30/3)  (from Ch. 111 1/2, par. 116.113)
24    Sec. 3. Definitions. As used in this Act, unless the

 

 

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1context otherwise requires:
2    (a) "Construction" means all acts necessary to obtaining
3ground water by any method, including without limitation the
4location of and the excavation for the well, but not including
5prospecting, surveying or other acts preparatory thereto, nor
6the installation of pumps and pumping equipment.
7    (b) "Department" means the Department of Public Health.
8    (c) "Director" means the Director of Public Health.
9    (d) "Modification" means the alteration of the structure of
10an existing water well, including, but not limited to,
11deepening, elimination of a buried suction line, installation
12of a liner, replacing, repairing, or extending casing, or
13replacement of a well screen. Pertaining to closed loop wells,
14"modification" also means any alteration to the construction of
15the bore hole of an existing closed loop well, including, but
16not limited to, regrouting and installation of additional bore
17holes any change, replacement or other alteration of any water
18well which shall be contrary to the rules and regulations
19regarding the construction of a well.
20    (e) "Water well" means any excavation that is drilled,
21cored, bored, washed, driven, dug, jetted or otherwise
22constructed when the intended use of such excavation is for the
23location, diversion, artificial recharge, or acquisition of
24ground water, but such term does not include an excavation made
25for the purpose of obtaining or prospecting for oil, natural
26gas, minerals or products of mining or quarrying or for

 

 

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1inserting media to repressure oil or natural gas bearing
2formation or for storing petroleum, natural gas or other
3products or for observation or any other purpose in connection
4with the development or operation of a gas storage project.
5    (f) "Public water system", "community water system",
6"non-community water system", "semi-private water system" and
7"private water system" have the meanings ascribed to them in
8the Illinois Groundwater Protection Act.
9    (g) "Potential route", "potential primary source" and
10"potential secondary source" have the meanings ascribed to them
11in the Environmental Protection Act.
12    (h) "Closed loop well" means a sealed, watertight loop of
13pipe buried outside of a building foundation intended to
14recirculate a liquid solution through a heat exchanger but is
15limited to the construction of the bore hole, piping in the
16bore hole, heat exchange fluid, and the grouting of the bore
17hole and does not include the piping and appurtenances used in
18any other capacity. "Closed loop well" does not include any
19horizontal closed loop well systems where grouting is not
20necessary by law or standard industry practice.
21    (i) "Monitoring well" means a water well intended for the
22purpose of determining groundwater quality or quantity.
23    (j) "Closed loop well contractor" means any person who
24installs closed loop wells for another person. "Closed loop
25well contractor" does not include the employee of a closed loop
26contractor.

 

 

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1(Source: P.A. 97-363, eff. 8-15-11.)
 
2    (415 ILCS 30/5)  (from Ch. 111 1/2, par. 116.115)
3    Sec. 5. Department powers and duties.
4    The Department has general supervision and authority over
5the location, construction and modification of water wells,
6closed loop wells and monitoring wells and for the
7administration of this Act. With respect thereto it shall:
8        (a) Adopt and publish, and from time to time amend
9    rules and regulations as hereinafter provided;
10        (b) Commencing no later than January 1, 1988, issue
11    permits for the construction, modification, abandonment,
12    or change in depth of any water well other than community
13    public water systems and monitoring wells;
14        (b-5) Commencing no later than one year after the
15    effective date of this amendatory Act of the 97th General
16    Assembly, issue permits for the construction,
17    modification, and abandonment of closed loop wells; and
18        (c) Exercise such other powers as are practical and
19    reasonably necessary to carry out and enforce the
20    provisions of this Act.
21(Source: P.A. 97-363, eff. 8-15-11.)
 
22    (415 ILCS 30/6)  (from Ch. 111 1/2, par. 116.116)
23    Sec. 6. Rules and regulations. The Department shall adopt
24and amend rules and regulations reasonably necessary to

 

 

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1effectuate the policy declared by this Act. Such rules and
2regulations shall provide criteria for the proper location and
3construction of any water well, closed loop well or monitoring
4well and shall, no later than January 1, 1988, provide for the
5issuance of permits for the construction, modification, and
6abandonment operation of water wells other than community
7public water systems and monitoring wells. The Department shall
8by regulation require a one time fee, not to exceed $100, for
9permits for construction, modification, or abandonment of
10water wells. The Department shall by rule require a one-time
11fee for permits for the construction, modification, or
12abandonment of closed loop wells.
13(Source: P.A. 97-363, eff. 8-15-11.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.