Sen. Daniel Biss
Filed: 3/3/2014
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1 | AMENDMENT TO SENATE BILL 3055
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2 | AMENDMENT NO. ______. Amend Senate Bill 3055 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Water Well and Pump Installation | ||||||
5 | Contractor's License Act is amended by changing Section 2 as | ||||||
6 | follows:
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7 | (225 ILCS 345/2) (from Ch. 111, par. 7103)
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8 | (Section scheduled to be repealed on January 1, 2022)
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9 | Sec. 2. As used in this Act, unless the context otherwise | ||||||
10 | requires:
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11 | (1) "Water well" and "well" mean any excavation that is | ||||||
12 | drilled, cored,
bored, washed, driven, dug, jetted or otherwise | ||||||
13 | constructed when the
intended use of such excavation is for the | ||||||
14 | location, diversion,
artificial recharge, or acquisition of | ||||||
15 | ground water, but such term does
not include an excavation made | ||||||
16 | for the purpose of obtaining or
prospecting for oil, natural |
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1 | gas, minerals or products of mining or
quarrying or for | ||||||
2 | inserting media to repressure oil or natural gas
bearing | ||||||
3 | formation or for storing petroleum, natural gas or other
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4 | products, or monitoring wells;
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5 | (2) "Ground water" means water of
under-ground aquifers,
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6 | streams, channels, artesian basins, reservoirs, lakes and | ||||||
7 | other water
under the surface of the ground whether percolating | ||||||
8 | or otherwise;
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9 | (3) "Drill" and "drilling" mean all acts necessary to the
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10 | construction of a water well including the sealing of unused | ||||||
11 | water well
holes;
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12 | (4) "Water Well Contractor" and "Contractor" mean any | ||||||
13 | person who
contracts to drill, alter or repair any water well;
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14 | (5) "Water Well Pump Installation" means the selection of | ||||||
15 | and the
procedure employed in the placement and preparation for | ||||||
16 | operation of
equipment and materials utilized in withdrawing or | ||||||
17 | obtaining water from
a well for any use, including all | ||||||
18 | construction involved in making
entrance to the well and | ||||||
19 | establishing such seals and safeguards as may
be necessary to | ||||||
20 | protect such water from contamination and all
construction | ||||||
21 | involved in connecting such wells and pumping units or
pressure | ||||||
22 | tanks in the water supply systems of buildings served by such
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23 | well, including repair to any existing installation;
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24 | (6) "Water Well Pump Installation Contractor" means any | ||||||
25 | person
engaged in the business of installing or repairing pumps | ||||||
26 | and pumping
equipment owned by others;
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1 | (7) "Water Well and Pump Installation Contractor" means any | ||||||
2 | person
engaged in both businesses described in subsections 4, | ||||||
3 | 5, and 6 above;
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4 | (8) "Department" means the Department of Public Health of | ||||||
5 | this
State;
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6 | (9) "Director" means the Director of the Department of | ||||||
7 | Public Health;
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8 | (10) "Board" means the Water Well and Pump Installation | ||||||
9 | Contractors
Licensing Board created by Section 6 of this Act;
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10 | (11) "Person" includes any natural person, partnership, | ||||||
11 | association,
trust and public or private corporation;
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12 | (12) "Monitoring well" means a water well intended for the | ||||||
13 | purpose of
determining groundwater quality or quantity;
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14 | (13) "Closed loop well" means a sealed, watertight loop of | ||||||
15 | pipe buried outside of a building foundation intended to | ||||||
16 | recirculate a liquid solution through a heat exchanger but is | ||||||
17 | limited to the construction of the bore hole , piping in the | ||||||
18 | bore hole, heat exchange fluid, and the grouting of the bore | ||||||
19 | hole and does not include the piping and appurtenances used in | ||||||
20 | any other capacity. "Closed loop well" does not include any | ||||||
21 | horizontal closed loop well systems where grouting is not | ||||||
22 | necessary by law or standard industry practice; | ||||||
23 | (14) "Closed loop well contractor" means any person who | ||||||
24 | installs closed loop wells for another person. "Closed loop | ||||||
25 | well contractor" does not include the employee of a closed loop | ||||||
26 | contractor. |
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1 | (Source: P.A. 97-363, eff. 8-15-11.)
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2 | Section 10. The Illinois Water Well Construction Code is | ||||||
3 | amended by changing Sections 3, 5, and 6 as follows:
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4 | (415 ILCS 30/3) (from Ch. 111 1/2, par. 116.113)
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5 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
6 | context otherwise requires:
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7 | (a) "Construction" means all acts necessary to obtaining | ||||||
8 | ground water by
any method, including without limitation the | ||||||
9 | location
of and the excavation for the well, but not including | ||||||
10 | prospecting,
surveying or other acts preparatory thereto, nor | ||||||
11 | the installation of pumps
and pumping equipment.
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12 | (b) "Department" means the Department of Public Health.
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13 | (c) "Director" means the Director of Public Health.
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14 | (d) "Modification" means the alteration of the structure of | ||||||
15 | an existing water well, including, but not limited to, | ||||||
16 | deepening, elimination of a buried suction line, installation | ||||||
17 | of a liner, replacing, repairing, or extending casing, or | ||||||
18 | replacement of a well screen. Pertaining to closed loop wells, | ||||||
19 | "modification" also means any alteration to the construction of | ||||||
20 | the bore hole of an existing closed loop well, including, but | ||||||
21 | not limited to, regrouting and installation of additional bore | ||||||
22 | holes any change, replacement or other alteration of
any water | ||||||
23 | well which shall be contrary to the rules and regulations
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24 | regarding the construction of a well .
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1 | (e) "Water well" means any excavation that is drilled, | ||||||
2 | cored, bored,
washed, driven, dug, jetted or otherwise | ||||||
3 | constructed when the intended use
of such excavation is for the | ||||||
4 | location, diversion, artificial recharge, or
acquisition of | ||||||
5 | ground water, but such term does not include an excavation
made | ||||||
6 | for the purpose of obtaining or prospecting for oil, natural | ||||||
7 | gas,
minerals or products of mining or quarrying or for | ||||||
8 | inserting media to
repressure oil or natural gas bearing | ||||||
9 | formation or for storing petroleum,
natural gas or other | ||||||
10 | products or for observation or any other purpose in
connection | ||||||
11 | with the development or operation of a gas storage project.
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12 | (f) "Public water system", "community water system", | ||||||
13 | "non-community
water system", "semi-private water system" and | ||||||
14 | "private water system" have
the meanings ascribed to them in | ||||||
15 | the Illinois Groundwater Protection Act.
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16 | (g) "Potential route", "potential primary source" and | ||||||
17 | "potential
secondary source" have the meanings
ascribed to them | ||||||
18 | in the Environmental
Protection Act.
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19 | (h) "Closed loop well" means a sealed, watertight loop of | ||||||
20 | pipe buried
outside of a building foundation intended to | ||||||
21 | recirculate a liquid solution
through a heat exchanger but is | ||||||
22 | limited to the construction of the bore hole , piping in the | ||||||
23 | bore hole, heat exchange fluid, and the grouting of the bore | ||||||
24 | hole and does not include the piping and appurtenances used in | ||||||
25 | any other capacity. "Closed loop well" does not include any | ||||||
26 | horizontal closed loop well systems where grouting is not |
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1 | necessary by law or standard industry practice.
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2 | (i) "Monitoring well" means a water well intended for the | ||||||
3 | purpose of
determining groundwater quality or quantity.
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4 | (j) "Closed loop well contractor" means any person who
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5 | installs closed loop wells for another person. "Closed loop
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6 | well contractor" does not include the employee of a closed loop
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7 | contractor. | ||||||
8 | (Source: P.A. 97-363, eff. 8-15-11.)
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9 | (415 ILCS 30/5) (from Ch. 111 1/2, par. 116.115)
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10 | Sec. 5. Department powers and duties.
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11 | The Department has general supervision and authority over | ||||||
12 | the location,
construction and modification of water wells, | ||||||
13 | closed loop wells and
monitoring wells and for the | ||||||
14 | administration of
this Act. With respect thereto it shall:
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15 | (a) Adopt and publish, and from time to time amend | ||||||
16 | rules and regulations
as hereinafter provided;
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17 | (b) Commencing no later than January 1, 1988, issue | ||||||
18 | permits for the
construction , modification, abandonment, | ||||||
19 | or change in depth of any water well other than community | ||||||
20 | public
water systems and monitoring wells;
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21 | (b-5) Commencing no later than one year after the | ||||||
22 | effective date of this amendatory Act of the 97th General | ||||||
23 | Assembly, issue permits for the construction, | ||||||
24 | modification, and abandonment of closed loop wells; and | ||||||
25 | (c) Exercise such other powers as are practical and |
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1 | reasonably necessary
to carry out and enforce the | ||||||
2 | provisions of this Act.
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3 | (Source: P.A. 97-363, eff. 8-15-11.)
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4 | (415 ILCS 30/6) (from Ch. 111 1/2, par. 116.116)
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5 | Sec. 6. Rules and regulations. The Department shall adopt | ||||||
6 | and amend rules and regulations reasonably
necessary to | ||||||
7 | effectuate the policy declared by this Act. Such rules and
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8 | regulations shall provide criteria for the proper location and | ||||||
9 | construction
of any water well, closed loop well or monitoring | ||||||
10 | well and shall, no
later than January 1, 1988, provide for
the | ||||||
11 | issuance of permits for the construction , modification, and | ||||||
12 | abandonment operation of water wells
other than community | ||||||
13 | public water systems and
monitoring wells. The
Department shall | ||||||
14 | by
regulation require a one time
fee, not to exceed $100, for | ||||||
15 | permits for construction, modification, or abandonment of | ||||||
16 | water wells. The Department shall by rule require a one-time | ||||||
17 | fee for permits for the construction, modification, or | ||||||
18 | abandonment of closed loop wells.
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19 | (Source: P.A. 97-363, eff. 8-15-11.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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