Full Text of HB3462 94th General Assembly
HB3462eng 94TH GENERAL ASSEMBLY
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HB3462 Engrossed |
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LRB094 03852 RSP 41873 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Water Well and Pump Installation | 5 |
| Contractor's License Act is amended by changing Sections 2, 3, | 6 |
| and 13 as follows:
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| (225 ILCS 345/2) (from Ch. 111, par. 7103)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 2. As used in this Act, unless the context otherwise | 10 |
| requires:
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| (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 | 17 |
| gas, minerals or products of mining or
quarrying or for | 18 |
| inserting media to repressure oil or natural gas
bearing | 19 |
| formation or for storing petroleum, natural gas or other
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| products, or monitoring wells;
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| (2) "Ground water" means water of
under-ground aquifers,
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| streams, channels, artesian basins, reservoirs, lakes and | 23 |
| other water
under the surface of the ground whether percolating | 24 |
| or otherwise;
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| (3) "Drill" and "drilling" mean all acts necessary to the
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| construction of a water well including the sealing of unused | 27 |
| water well
holes and the installation of pitless well adapters | 28 |
| and pitless ubits ;
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| (4) "Water Well Contractor" and "Contractor" mean any | 30 |
| person who
contracts to drill, alter or repair any water well;
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| (5) "Water Well Pump Installation" means the selection of | 32 |
| and the
procedure employed in the placement and preparation for |
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LRB094 03852 RSP 41873 b |
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| operation of
equipment and materials utilized in withdrawing or | 2 |
| obtaining water from
a well for any use, including all | 3 |
| construction involved in making
entrance to the well and | 4 |
| establishing such seals and safeguards as may
be necessary to | 5 |
| protect such water from contamination and all
construction | 6 |
| involved in connecting such wells and pumping units or
pressure | 7 |
| tanks in the water supply systems of buildings served by such
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| well, including repair to any existing installation and the | 9 |
| extending of water well casing from a maximum depth of 10 feet | 10 |
| below ground surface ;
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| (6) "Water Well Pump Installation Contractor" means any | 12 |
| person
engaged in the business of installing or repairing pumps | 13 |
| and pumping
equipment owned by others;
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| (7) "Water Well and Pump Installation Contractor" means any | 15 |
| person
engaged in both businesses described in subsections 4, | 16 |
| 5, and 6 above;
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| (8) "Department" means the Department of Public Health of | 18 |
| this
State;
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| (9) "Director" means the Director of the Department of | 20 |
| Public Health;
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| (10) "Board" means the Water Well and Pump Installation | 22 |
| Contractors
Licensing Board created by Section 6 of this Act;
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| (11) "Person" includes any natural person, partnership, | 24 |
| association,
trust and public or private corporation;
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| (12) "Monitoring well" means a water well intended for the | 26 |
| purpose of
determining groundwater quality or quantity.
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| (Source: P.A. 86-843.)
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| (225 ILCS 345/3) (from Ch. 111, par. 7104)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 3. This Act shall not apply: (1) to an individual who | 31 |
| drills a water
well or installs a water well pump on land which | 32 |
| is owned or leased by
him and is used by him for farming | 33 |
| purposes or as his place of abode; or
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| (2) to an individual who performs labor or services for a | 35 |
| licensed
water well Contractor in connection with the drilling |
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LRB094 03852 RSP 41873 b |
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| of a water well at
the direction and under the personal | 2 |
| supervision of a licensed water
well Contractor; or
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| (3) to an individual who performs labor or services for a | 4 |
| licensed
water well pump installation contractor in connection | 5 |
| with the
installation or repair of any water well pump or | 6 |
| equipment at the
direction and under the personal supervision | 7 |
| of a licensed water well
pump installation contractor; or
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| (4) to any person, firm or corporation engaged in the | 9 |
| installation
or repair of water well pumps or equipment in | 10 |
| wells drilled or used for
observation or any other purpose in | 11 |
| connection with the development or
operation of a gas storage | 12 |
| project; or
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| (5) To any person, firm, or corporation engaged in the | 14 |
| installation of
driven point wells. | 15 |
| (6) To an individual who seals an unused dug well at the | 16 |
| direction of and subject to the control of the owner of the | 17 |
| real property where the well is located.
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| (Source: P.A. 81-791.)
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| (225 ILCS 345/13) (from Ch. 111, par. 7114)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 13.
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| The fee to be paid by an applicant for an examination to | 23 |
| determine his
fitness to receive a license as a water well | 24 |
| contractor is $100
$50 .
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| The fee to be paid by an applicant for an examination to | 26 |
| determine his
fitness to receive a license as a water well pump | 27 |
| installation contractor
is $100
$50 .
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| The fee to be paid by an applicant for an examination to | 29 |
| determine his
fitness to receive a license as a water well and | 30 |
| pump installation
contractor is $160
$80 .
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| The fee to be paid by an applicant for the annual renewal | 32 |
| of a license
as a water well contractor or water well pump | 33 |
| installation contractor is
$75
$25 .
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| The fee to be paid by an applicant for the annual renewal | 35 |
| of a license
as a water well and pump installation contractor |
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| is $100
$35 .
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| 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 $20
$10 , plus all lapsed renewal fees.
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| 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.
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| 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 $30
$15 , plus all lapsed renewal | 13 |
| fees.
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| The fee to be paid by an applicant for the restoration of a | 15 |
| license as a water well and
pump installation contractor which | 16 |
| has lapsed more than 3 years is $175.
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| There shall be no reduction in such fees because a license | 18 |
| when issued
may be valid for less time than a full license | 19 |
| year.
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| (Source: P.A. 77-1626.)
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| Section 10. The Illinois Water Well Construction Code is | 22 |
| amended by changing Sections 3, 5, and 6 and by adding Sections | 23 |
| 9.1 and 9.2 as follows:
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| (415 ILCS 30/3) (from Ch. 111 1/2, par. 116.113)
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| Sec. 3. Definitions. As used in this Act, unless the | 26 |
| context otherwise requires:
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| (a) "Construction" means all acts necessary to obtaining | 28 |
| ground water by
any method, including without limitation the | 29 |
| location
of and the excavation for the well, but not including | 30 |
| prospecting,
surveying or other acts preparatory thereto, nor | 31 |
| the installation of pumps
and pumping equipment.
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| (b) "Department" means the Department of Public Health.
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| (c) "Director" means the Director of Public Health.
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| (d) "Modification" means any change, replacement or other |
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| alteration of
any water well which shall be contrary to the | 2 |
| rules and regulations
regarding the construction of a well.
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| (e) "Water well" means any excavation that is drilled, | 4 |
| cored, bored,
washed, driven, dug, jetted or otherwise | 5 |
| constructed when the intended use
of such excavation is for the | 6 |
| location, diversion, artificial recharge, or
acquisition of | 7 |
| ground water, but such term does not include an excavation
made | 8 |
| for the purpose of obtaining or prospecting for oil, natural | 9 |
| gas,
minerals or products of mining or quarrying or for | 10 |
| inserting media to
repressure oil or natural gas bearing | 11 |
| formation or for storing petroleum,
natural gas or other | 12 |
| products or for observation or any other purpose in
connection | 13 |
| with the development or operation of a gas storage project.
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| (f) "Public water system", "community water system", | 15 |
| "non-community
water system", "semi-private water system" and | 16 |
| "private water system" have
the meanings ascribed to them in | 17 |
| the Illinois Groundwater Protection Act , except closed loop | 18 |
| wells using USP food grade propylene glycol as a coolant .
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| (g) "Potential route", "potential primary source" and | 20 |
| "potential
secondary source" have the meanings
ascribed to them | 21 |
| in the Environmental
Protection Act.
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| (h) "Closed loop well" means a sealed, watertight loop of | 23 |
| pipe buried
outside of a building foundation intended to | 24 |
| recirculate a liquid solution
through a heat exchanger.
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| (i) "Monitoring well" means a water well intended for the | 26 |
| purpose of
determining groundwater quality or quantity. | 27 |
| (j) "Closed loop contractor" means any person who installs | 28 |
| closed loop wells for another person. "Closed loop contractor" | 29 |
| does not include the employees of a closed loop contractor. | 30 |
| (k) "Horizontal closed loop well" means a closed loop well | 31 |
| constructed to contain horizontal piping and the installation | 32 |
| and grouting of the horizontal piping not exceeding 20 feet in | 33 |
| depth, and the connection to the horizontal header of the | 34 |
| closed loop cooling and heating system. | 35 |
| (l) "Vertical closed loop well" means a closed loop well | 36 |
| constructed to contain vertical piping and the installation and |
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| grouting of the vertical piping exceeding 20 feet in depth, and | 2 |
| the connection to the horizontal header of the closed loop | 3 |
| cooling and heating system. | 4 |
| (m) "Closed loop well system" is the entire system | 5 |
| containing the horizontal closed loop well or wells, the | 6 |
| vertical closed loop well or wells, the header piping, the | 7 |
| heating and cooling equipment, and the connections to the | 8 |
| heating and cooling equipment.
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| (Source: P.A. 86-843.)
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| (415 ILCS 30/5) (from Ch. 111 1/2, par. 116.115)
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| Sec. 5. Department powers and duties.
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| The Department has general supervision and authority over | 13 |
| the location,
construction and modification of water wells, | 14 |
| closed loop wells and
monitoring wells and for the | 15 |
| administration of
this Act. With respect thereto it shall:
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| (a) Adopt and publish, and from time to time amend rules | 17 |
| and regulations
as hereinafter provided;
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| (b) Commencing no later than January 1, 1988, issue permits | 19 |
| for the
construction or change in depth of any water well other | 20 |
| than community public
water systems and monitoring wells , and | 21 |
| commencing no later than November 1, 2005, issue permits for | 22 |
| the construction and modification of closed loop well systems ; | 23 |
| and
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| (c) Exercise such other powers as are practical and | 25 |
| reasonably necessary
to carry out and enforce the provisions of | 26 |
| this Act.
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| (Source: P.A. 86-843.)
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| (415 ILCS 30/6) (from Ch. 111 1/2, par. 116.116)
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| Sec. 6. Rules and regulations. The Department shall adopt | 30 |
| and amend rules and regulations reasonably
necessary to | 31 |
| effectuate the policy declared by this Act. Such rules and
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| regulations shall provide criteria for the proper location and | 33 |
| construction
of any water well, closed loop well or monitoring | 34 |
| well and shall, no
later than January 1, 1988, provide for
the |
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HB3462 Engrossed |
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LRB094 03852 RSP 41873 b |
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| issuance of permits for the construction and operation of water | 2 |
| wells
other than community public water systems , closed loop | 3 |
| wells and
monitoring wells. The
Department shall by
regulation | 4 |
| require a one time
fee, not to exceed $200
$100 , for permits | 5 |
| for construction of water wells and a one time fee, not to | 6 |
| exceed $200, for permits for the construction of closed loop | 7 |
| well systems
issued under the
authority of this Act . Water well | 8 |
| and closed loop well system construction permit fees shall be | 9 |
| for the purpose of reviewing the water well or closed loop well | 10 |
| system permit application, for the issuance of the permit, and | 11 |
| for inspecting the construction of the water well or closed | 12 |
| loop well system.
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| (Source: P.A. 86-843.)
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| (415 ILCS 30/9.1 new) | 15 |
| Sec. 9.1. Registration. No person shall engage in the | 16 |
| occupation of a closed loop contractor unless he or she holds a | 17 |
| valid registration as a closed loop contractor. All closed loop | 18 |
| contractors doing business in the State must file an | 19 |
| application for registration with the Illinois Department of | 20 |
| Public Health annually. All applicants for registration as | 21 |
| closed loop contractors shall submit verification of | 22 |
| certification by the International Ground Source Heat Pump | 23 |
| Association with the application for registration as closed | 24 |
| loop contractors beginning November 1, 2005 and shall have | 25 |
| until November 1, 2007 to submit verification of certification | 26 |
| by the Department. After November 1, 2007, all applicants for | 27 |
| registration as closed loop contractors shall submit | 28 |
| verification of certification by both the International Ground | 29 |
| Source Heat Pump Association and the Department with the | 30 |
| application for registration as a closed loop contractor. All | 31 |
| closed loop
contractors shall renew their registration | 32 |
| annually. The Department shall collect annual registration | 33 |
| fees, in an amount established by the Department by rule. The | 34 |
| Department must begin to issue closed loop contractor | 35 |
| registrations under this Section no later than November 1, |
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HB3462 Engrossed |
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LRB094 03852 RSP 41873 b |
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| 2005. | 2 |
| (415 ILCS 30/9.2 new) | 3 |
| Sec. 9.2. Certification. Applications for certification as | 4 |
| a closed loop contractor shall be made to the Department in | 5 |
| writing and under oath or affirmation upon forms prescribed and | 6 |
| furnished by the Department. The applications shall contain any | 7 |
| information the Department deems necessary in order to carry | 8 |
| out the provisions of this Act. The Department shall issue | 9 |
| certifications as a closed loop contractor to those individuals | 10 |
| who are qualified and have successfully passed the Department's | 11 |
| closed loop contractor's certification exam. The Department | 12 |
| shall establish the time of the closed loop contractor's exam | 13 |
| and the qualifications for the closed loop contractor's | 14 |
| certification by rule. The Department shall collect the fee for | 15 |
| the closed loop contractor's qualification exam, the amount of | 16 |
| which shall be established by rule. The Water Well and Pump | 17 |
| Installation Contractor Licensing Board shall advise and aid | 18 |
| the Department in preparing subject matter for the closed loop | 19 |
| contractor's certification exam. Any person holding a valid | 20 |
| State of Illinois Department of Public Health Water Well | 21 |
| Contractor's license or State of Illinois Department of Public | 22 |
| Health Water Well and Pump Installation Contractor's license | 23 |
| may apply and receive, without examination or fee, a closed | 24 |
| loop contractor's certification provided that all other | 25 |
| requirements of this Act are met. The Department must begin to | 26 |
| issue closed loop contractor certifications under this Section | 27 |
| no later than November 1, 2005.
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| Section 99. Effective date. This Act takes effect October | 29 |
| 1, 2005.
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