Full Text of SB3055 98th General Assembly
SB3055sam001 98TH GENERAL ASSEMBLY | Sen. Daniel Biss Filed: 3/3/2014
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| 1 | | AMENDMENT TO SENATE BILL 3055
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3055 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Water Well and Pump Installation | 5 | | Contractor's License Act is amended by changing Section 2 as | 6 | | follows:
| 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| 8 | | (Section scheduled to be repealed on January 1, 2022)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 | 10 | | requires:
| 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
| 4 | | products, or monitoring wells;
| 5 | | (2) "Ground water" means water of
under-ground aquifers,
| 6 | | streams, channels, artesian basins, reservoirs, lakes and | 7 | | other water
under the surface of the ground whether percolating | 8 | | or otherwise;
| 9 | | (3) "Drill" and "drilling" mean all acts necessary to the
| 10 | | construction of a water well including the sealing of unused | 11 | | water well
holes;
| 12 | | (4) "Water Well Contractor" and "Contractor" mean any | 13 | | person who
contracts to drill, alter or repair any water well;
| 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
| 23 | | well, including repair to any existing installation;
| 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;
| 4 | | (8) "Department" means the Department of Public Health of | 5 | | this
State;
| 6 | | (9) "Director" means the Director of the Department of | 7 | | Public Health;
| 8 | | (10) "Board" means the Water Well and Pump Installation | 9 | | Contractors
Licensing Board created by Section 6 of this Act;
| 10 | | (11) "Person" includes any natural person, partnership, | 11 | | association,
trust and public or private corporation;
| 12 | | (12) "Monitoring well" means a water well intended for the | 13 | | purpose of
determining groundwater quality or quantity;
| 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.)
| 2 | | Section 10. The Illinois Water Well Construction Code is | 3 | | amended by changing Sections 3, 5, and 6 as follows:
| 4 | | (415 ILCS 30/3) (from Ch. 111 1/2, par. 116.113)
| 5 | | Sec. 3. Definitions. As used in this Act, unless the | 6 | | context otherwise requires:
| 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.
| 12 | | (b) "Department" means the Department of Public Health.
| 13 | | (c) "Director" means the Director of Public Health.
| 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
| 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.
| 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.
| 16 | | (g) "Potential route", "potential primary source" and | 17 | | "potential
secondary source" have the meanings
ascribed to them | 18 | | in the Environmental
Protection Act.
| 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.
| 2 | | (i) "Monitoring well" means a water well intended for the | 3 | | purpose of
determining groundwater quality or quantity.
| 4 | | (j) "Closed loop well contractor" means any person who
| 5 | | installs closed loop wells for another person. "Closed loop
| 6 | | well contractor" does not include the employee of a closed loop
| 7 | | contractor. | 8 | | (Source: P.A. 97-363, eff. 8-15-11.)
| 9 | | (415 ILCS 30/5) (from Ch. 111 1/2, par. 116.115)
| 10 | | Sec. 5. Department powers and duties.
| 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:
| 15 | | (a) Adopt and publish, and from time to time amend | 16 | | rules and regulations
as hereinafter provided;
| 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;
| 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.
| 3 | | (Source: P.A. 97-363, eff. 8-15-11.)
| 4 | | (415 ILCS 30/6) (from Ch. 111 1/2, par. 116.116)
| 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
| 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.
| 19 | | (Source: P.A. 97-363, eff. 8-15-11.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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