Full Text of SB1682 97th General Assembly
SB1682sam002 97TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/7/2011
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| 1 | | AMENDMENT TO SENATE BILL 1682
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1682, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Water Well and Pump Installation | 6 | | Contractor's License Act is amended by changing Sections 2, 6 | 7 | | and 13 as follows:
| 8 | | (225 ILCS 345/2) (from Ch. 111, par. 7103)
| 9 | | (Section scheduled to be repealed on January 1, 2012)
| 10 | | Sec. 2. As used in this Act, unless the context otherwise | 11 | | requires:
| 12 | | (1) "Water well" and "well" mean any excavation that is | 13 | | drilled, cored,
bored, washed, driven, dug, jetted or otherwise | 14 | | constructed when the
intended use of such excavation is for the | 15 | | location, diversion,
artificial recharge, or acquisition of | 16 | | ground water, but such term does
not include an excavation made |
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| 1 | | for the purpose of obtaining or
prospecting for oil, natural | 2 | | gas, minerals or products of mining or
quarrying or for | 3 | | inserting media to repressure oil or natural gas
bearing | 4 | | formation or for storing petroleum, natural gas or other
| 5 | | products, or monitoring wells;
| 6 | | (2) "Ground water" means water of
under-ground aquifers,
| 7 | | streams, channels, artesian basins, reservoirs, lakes and | 8 | | other water
under the surface of the ground whether percolating | 9 | | or otherwise;
| 10 | | (3) "Drill" and "drilling" mean all acts necessary to the
| 11 | | construction of a water well including the sealing of unused | 12 | | water well
holes;
| 13 | | (4) "Water Well Contractor" and "Contractor" mean any | 14 | | person who
contracts to drill, alter or repair any water well;
| 15 | | (5) "Water Well Pump Installation" means the selection of | 16 | | and the
procedure employed in the placement and preparation for | 17 | | operation of
equipment and materials utilized in withdrawing or | 18 | | obtaining water from
a well for any use, including all | 19 | | construction involved in making
entrance to the well and | 20 | | establishing such seals and safeguards as may
be necessary to | 21 | | protect such water from contamination and all
construction | 22 | | involved in connecting such wells and pumping units or
pressure | 23 | | tanks in the water supply systems of buildings served by such
| 24 | | well, including repair to any existing installation;
| 25 | | (6) "Water Well Pump Installation Contractor" means any | 26 | | person
engaged in the business of installing or repairing pumps |
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| 1 | | and pumping
equipment owned by others;
| 2 | | (7) "Water Well and Pump Installation Contractor" means any | 3 | | person
engaged in both businesses described in subsections 4, | 4 | | 5, and 6 above;
| 5 | | (8) "Department" means the Department of Public Health of | 6 | | this
State;
| 7 | | (9) "Director" means the Director of the Department of | 8 | | Public Health;
| 9 | | (10) "Board" means the Water Well and Pump Installation | 10 | | Contractors
Licensing Board created by Section 6 of this Act;
| 11 | | (11) "Person" includes any natural person, partnership, | 12 | | association,
trust and public or private corporation;
| 13 | | (12) "Monitoring well" means a water well intended for the | 14 | | purpose of
determining groundwater quality or quantity ; .
| 15 | | (13) "Closed loop well" means a sealed, watertight loop of | 16 | | pipe buried outside of a building foundation intended to | 17 | | recirculate a liquid solution through a heat exchanger but is | 18 | | limited to the construction of the bore hole and the grouting | 19 | | of the bore hole and does not include the piping and | 20 | | appurtenances used in any other capacity. "Closed loop well" | 21 | | does not include any horizontal closed loop well systems where | 22 | | grouting is not 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. 86-843.)
| 2 | | (225 ILCS 345/6) (from Ch. 111, par. 7107)
| 3 | | (Section scheduled to be repealed on January 1, 2012)
| 4 | | Sec. 6. Water Well and Pump Installation Contractors
| 5 | | Licensing Board; Closed Loop Well Contractors Certification | 6 | | Board. | 7 | | (a) There is created in the Department the Water Well and | 8 | | Pump
Installation Contractors Licensing Board which shall | 9 | | exercise its duties
provided in this Act under the supervision | 10 | | of the Department. The Water Well and Pump Installation
| 11 | | Contractors Licensing Board
shall consist of 6 members, | 12 | | designated from time to time by the
Director. Two members shall | 13 | | be licensed water well contractors, 2 two
members shall be | 14 | | licensed water well pump installation contractors, and
2 two | 15 | | members shall be licensed water well and pump installation
| 16 | | contractors. In making the appointments to the Water Well and | 17 | | Pump Installation
Contractors Licensing Board, the Director | 18 | | shall
consider the recommendation of the Illinois Association | 19 | | of Groundwater
Professionals or its successor organization .
| 20 | | The members of the Water Well and Pump Installation
| 21 | | Contractors Licensing Board shall be reimbursed for necessary | 22 | | traveling
expenses
in accordance with travel regulations | 23 | | prescribed by the Department of Finance.
| 24 | | The Water Well and Pump Installation
Contractors Licensing | 25 | | Board shall advise and aid the Director in:
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| 1 | | (1) (a) preparing subject matter for continuing | 2 | | education sessions and
examinations to test the knowledge
| 3 | | and skills of applicants for license in the construction, | 4 | | installation
and repair of water wells, well pumps, water | 5 | | pressure storage tanks,
connecting piping and related | 6 | | appurtenances, including proper sealing of
abandoned water | 7 | | wells, and the rules and regulations of the Department
| 8 | | promulgated
pursuant to the Illinois Pump Installation | 9 | | Code Law and the Illinois Water
Well Construction Code Law;
| 10 | | (2) (b) promulgating rules to govern the number of | 11 | | hours
of
continuing education required for a continuing | 12 | | education session,
examinations,
hearings for suspension | 13 | | or revocation of or refusal to issue or renew a
license, | 14 | | clarifying the law as it relates to water well and pump
| 15 | | installation contracting;
| 16 | | (3) (c) holding examinations of applicants for license | 17 | | at least once a
year prior to November 1st in each year;
| 18 | | (4) (d) holding hearings for the revocation or | 19 | | suspension of, or refusal
to issue, renew or reinstate | 20 | | licenses;
| 21 | | (5) (e) submitting recommendations to the Director | 22 | | from time to time for
the efficient administration of this | 23 | | Act;
| 24 | | (6) (f) grading all tests and examinations for licenses | 25 | | and promptly
reporting the results to the Director; and
| 26 | | (7) (g) performing such other duties from time to time |
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| 1 | | prescribed by the
Director ; and . | 2 | | (8) consulting and agreeing with the Closed Loop Well | 3 | | Contractors Certification Board regarding: | 4 | | (i) the registering and certification of closed | 5 | | loop well contractors; and | 6 | | (ii) the installation of closed loop wells. | 7 | | For purposes of this item (8), the term "closed loop well" | 8 | | shall be limited to the construction, installation, | 9 | | repair, and abandonment of the bore hole and the grouting | 10 | | of the bore hole. | 11 | | (b) There is created in the Department the Closed Loop Well
| 12 | | Contractors Certification Board, which shall exercise its | 13 | | duties provided in this Act under the supervision of the | 14 | | Department. The Closed Loop Well Contractors Certification | 15 | | Board shall consist of 6 members, designated from time to time | 16 | | by the Director. A temporary board shall be appointed by the | 17 | | Department for the sole purpose of assisting with the process | 18 | | of initial certification and registration of closed loop well | 19 | | contractors and shall remain in place until 2 years after the | 20 | | effective date of this amendatory Act of the 97th General | 21 | | Assembly. On the dissolution of the temporary board, the 6 | 22 | | members must be closed loop well contractors who are registered | 23 | | and certified under this Act. In making appointments to the | 24 | | Closed Loop Well Contractors Certification Board, the Director | 25 | | shall consider the recommendations of organizations that are | 26 | | representative of the closed loop well industry in Illinois. |
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| 1 | | Recommendations shall include consideration of statewide | 2 | | geographical representation. | 3 | | The Closed Loop Well Contractors Certification Board shall
| 4 | | advise and aid the Director in: | 5 | | (1) preparing subject matter for continuing education | 6 | | sessions relating to closed loop wells and preparing | 7 | | examinations to test the knowledge and skills of applicants | 8 | | for certification relating to the construction, | 9 | | installation, repair, and abandonment of closed loop wells | 10 | | and the rules of the Department adopted under this Act for | 11 | | closed loop wells; | 12 | | (2) adopting rules relating to (i) closed loop wells, | 13 | | (ii) continuing education requirements, (iii) | 14 | | examinations, (iv) hearings for suspension or revocation | 15 | | of or refusal to issue or renew a certification, and (v) | 16 | | the construction, installation, repair, and abandonment of | 17 | | closed loop wells; | 18 | | (3) holding examinations of applicants for | 19 | | certification at least once a year prior to November 1st in | 20 | | each year; | 21 | | (4) holding hearings for the revocation or suspension | 22 | | of, or refusal to issue, renew, or reinstate, | 23 | | certifications; | 24 | | (5) submitting recommendations to the Director from | 25 | | time to time for the efficient administration of this Act; | 26 | | (6) grading all tests and examinations for |
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| 1 | | certifications, and promptly reporting the results to the
| 2 | | Director; | 3 | | (7) performing such other duties as may be from time to | 4 | | time prescribed by the Director; and | 5 | | (8) conferring with the Water Well and Pump | 6 | | Installation Contractors Licensing Board regarding the | 7 | | construction, installation, repair, and abandonment of | 8 | | closed loop wells.
| 9 | | (Source: P.A. 90-692, eff. 1-1-99.)
| 10 | | (225 ILCS 345/13) (from Ch. 111, par. 7114)
| 11 | | (Section scheduled to be repealed on January 1, 2012)
| 12 | | Sec. 13.
The fee to be paid by an applicant for an | 13 | | examination to determine his
fitness to receive a license as a | 14 | | water well contractor is $50.
| 15 | | The fee to be paid by an applicant for an examination to | 16 | | determine his
fitness to receive a license as a water well pump | 17 | | installation contractor
is $50.
| 18 | | The fee to be paid by an applicant for an examination to | 19 | | determine his
fitness to receive a license as a water well and | 20 | | pump installation
contractor is $80.
| 21 | | The fee to be paid by an applicant for the annual renewal | 22 | | of a license
as a water well contractor or water well pump | 23 | | installation contractor is
$25.
| 24 | | The fee to be paid by an applicant for the annual renewal | 25 | | of a license
as a water well and pump installation contractor |
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| 1 | | is $35.
| 2 | | The fee to be paid by an applicant for the reinstatement of | 3 | | a water well
contractor license or a water well pump | 4 | | installation contractor license
which has lapsed less than 3 | 5 | | years is $10, plus all lapsed renewal fees.
| 6 | | The fee to be paid by an applicant for restoration of a | 7 | | water well
contractor's license or water well pump installation | 8 | | contractor's license
which has lapsed more than three years is | 9 | | $150.
| 10 | | The fee to be paid by an applicant for the reinstatement of | 11 | | a water well
and pump installation contractor license which has | 12 | | lapsed less than 3 years
is $15, plus all lapsed renewal fees.
| 13 | | The fee to be paid by an applicant for the restoration of a | 14 | | license as a water well and
pump installation contractor which | 15 | | has lapsed more than 3 years is $175.
| 16 | | There shall be no reduction in such fees because a license | 17 | | when issued
may be valid for less time than a full license | 18 | | year.
| 19 | | (Source: P.A. 77-1626.)
| 20 | | Section 10. The Illinois Water Well Construction Code is | 21 | | amended by changing Sections 3, 5, and 6 and by adding Sections | 22 | | 9.1 and 9.2 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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| 1 | | context otherwise requires:
| 2 | | (a) "Construction" means all acts necessary to obtaining | 3 | | ground water by
any method, including without limitation the | 4 | | location
of and the excavation for the well, but not including | 5 | | prospecting,
surveying or other acts preparatory thereto, nor | 6 | | the 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 any change, replacement or other | 10 | | alteration of
any water well which shall be contrary to the | 11 | | rules and regulations
regarding the construction of a well.
| 12 | | (e) "Water well" means any excavation that is drilled, | 13 | | cored, bored,
washed, driven, dug, jetted or otherwise | 14 | | constructed when the intended use
of such excavation is for the | 15 | | location, diversion, artificial recharge, or
acquisition of | 16 | | ground water, but such term does not include an excavation
made | 17 | | for the purpose of obtaining or prospecting for oil, natural | 18 | | gas,
minerals or products of mining or quarrying or for | 19 | | inserting media to
repressure oil or natural gas bearing | 20 | | formation or for storing petroleum,
natural gas or other | 21 | | products or for observation or any other purpose in
connection | 22 | | with the development or operation of a gas storage project.
| 23 | | (f) "Public water system", "community water system", | 24 | | "non-community
water system", "semi-private water system" and | 25 | | "private water system" have
the meanings ascribed to them in | 26 | | the Illinois Groundwater Protection Act.
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| 1 | | (g) "Potential route", "potential primary source" and | 2 | | "potential
secondary source" have the meanings
ascribed to them | 3 | | in the Environmental
Protection Act.
| 4 | | (h) "Closed loop well" means a sealed, watertight loop of | 5 | | pipe buried
outside of a building foundation intended to | 6 | | recirculate a liquid solution
through a heat exchanger but is | 7 | | limited to the construction of the bore hole and the grouting | 8 | | of the bore hole and does not include the piping and | 9 | | appurtenances used in any other capacity. "Closed loop well" | 10 | | does not include any horizontal closed loop well systems where | 11 | | grouting is not necessary by law or standard industry practice .
| 12 | | (i) "Monitoring well" means a water well intended for the | 13 | | purpose of
determining groundwater quality or quantity.
| 14 | | (j) "Closed loop well contractor" means any person who
| 15 | | installs closed loop wells for another person. "Closed loop
| 16 | | well contractor" does not include the employee of a closed loop
| 17 | | contractor. | 18 | | (Source: P.A. 86-843.)
| 19 | | (415 ILCS 30/5) (from Ch. 111 1/2, par. 116.115)
| 20 | | Sec. 5. Department powers and duties.
| 21 | | The Department has general supervision and authority over | 22 | | the location,
construction and modification of water wells, | 23 | | closed loop wells and
monitoring wells and for the | 24 | | administration of
this Act. With respect thereto it shall:
| 25 | | (a) Adopt and publish, and from time to time amend rules |
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| 1 | | and regulations
as hereinafter provided;
| 2 | | (b) Commencing no later than January 1, 1988, issue permits | 3 | | for the
construction or change in depth of any water well other | 4 | | than community public
water systems and monitoring wells; and
| 5 | | (b-5) Commencing no later than one year after the effective | 6 | | date of this amendatory Act of the 97th General Assembly, issue | 7 | | permits for the construction, modification, and abandonment of | 8 | | closed loop wells; and | 9 | | (c) Exercise such other powers as are practical and | 10 | | reasonably necessary
to carry out and enforce the provisions of | 11 | | this Act.
| 12 | | (Source: P.A. 86-843.)
| 13 | | (415 ILCS 30/6) (from Ch. 111 1/2, par. 116.116)
| 14 | | Sec. 6. Rules and regulations. The Department shall adopt | 15 | | and amend rules and regulations reasonably
necessary to | 16 | | effectuate the policy declared by this Act. Such rules and
| 17 | | regulations shall provide criteria for the proper location and | 18 | | construction
of any water well, closed loop well or monitoring | 19 | | well and shall, no
later than January 1, 1988, provide for
the | 20 | | issuance of permits for the construction and operation of water | 21 | | wells
other than community public water systems , closed loop | 22 | | wells and
monitoring wells. The
Department shall by
regulation | 23 | | require a one time
fee, not to exceed $100, for permits for | 24 | | construction , modification, or abandonment of water wells. The | 25 | | Department shall by rule require a one-time fee for permits for |
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| 1 | | the construction, modification, or abandonment of closed loop | 2 | | wells. issued under the
authority of this Act .
| 3 | | (Source: P.A. 86-843.)
| 4 | | (415 ILCS 30/9.1 new) | 5 | | Sec. 9.1. Closed loop well contractor certification. | 6 | | (a) Within 2 years after the effective date of this | 7 | | amendatory Act of the 97th General Assembly, all closed loop | 8 | | contractors, shall be certified by the Department. The | 9 | | Department shall issue closed loop well contractor | 10 | | certificates to those applicants who are qualified and have | 11 | | successfully passed the Department's closed loop well | 12 | | contractor's certification exam. Application for certification | 13 | | as a closed loop well contractor must be made to the Department | 14 | | in writing and under oath or affirmation on forms prescribed | 15 | | and furnished by the Department. Applications may require any | 16 | | information the Department deems necessary in order to carry | 17 | | out the provisions of this Act. The Department shall collect a | 18 | | fee for the closed loop well contractor's qualification exam. | 19 | | (b) Any person holding a valid water well contractor's | 20 | | license issued under the Water Well and Pump Installation
| 21 | | Contractor's License Act may apply and receive, without | 22 | | examination or fee, a closed loop well contractor's | 23 | | certification, provided that all other requirements of this Act | 24 | | are met. | 25 | | (c) Any person who only installs horizontal closed loop |
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| 1 | | wells using the open trench method shall be exempt from | 2 | | certification under this Section. | 3 | | (415 ILCS 30/9.2 new) | 4 | | Sec. 9.2. Closed loop well contractor registration. | 5 | | (a) Beginning one year after the effective date of this | 6 | | amendatory Act of the 97th General Assembly, no person may | 7 | | engage in the occupation of a closed loop well contractor | 8 | | unless he or she holds a valid certificate of registration as a | 9 | | closed loop well contractor issued by the Department. | 10 | | (b) All closed loop well contractors doing business in this
| 11 | | State must annually file an application for registration with | 12 | | the Department. | 13 | | (c) One year after the effective date of this amendatory | 14 | | Act of the 97th General Assembly, all applications filed for | 15 | | registration under this
Section must be accompanied by | 16 | | verification of the certification of the applicant by an | 17 | | organization approved by the Department for its | 18 | | appropriateness in determining the knowledge and expertise as a | 19 | | closed loop well contractor, and the applicant must submit | 20 | | proof of certification under Section 9.1 of this Act, unless | 21 | | specifically exempt from certification in subsection (c) of | 22 | | Section 9.1 of this Act. | 23 | | (d) Certificates of registration issued under this Section | 24 | | shall expire and must be renewed on an annual basis. | 25 | | (e) The Department shall collect an annual fee for |
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| 1 | | registration of a closed loop well contractor.
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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