(415 ILCS 30/1) (from Ch. 111 1/2, par. 116.111)
Sec. 1.
Short title.
This Act shall be known and may be cited as the "Illinois Water Well
Construction Code".
(Source: Laws 1965, p. 3217.)
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(415 ILCS 30/2) (from Ch. 111 1/2, par. 116.112)
Sec. 2.
Declaration of policy.
It has been established by scientific evidence that improperly
constructed water wells can adversely affect the public's health.
Consistent with its duty to safeguard the public health in this State, the
General Assembly therefore declares that the proper location, construction
and modification of water wells is essential for the protection of the
public health.
(Source: Laws 1965, p. 3217.)
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(415 ILCS 30/3) (from Ch. 111 1/2, par. 116.113)
Sec. 3. Definitions. As used in this Act, unless the context otherwise requires:
(a) "Construction" means all acts necessary to obtaining ground water by
any method, including without limitation the location
of and the excavation for the well, but not including prospecting,
surveying or other acts preparatory thereto, nor the installation of pumps
and pumping equipment.
(b) "Department" means the Department of Public Health.
(c) "Director" means the Director of Public Health.
(d) "Modification" means the alteration of the structure of an existing water well, including, but not limited to, deepening, elimination of a buried suction line, installation of a liner, replacing, repairing, or extending casing, or replacement of a well screen. Pertaining to closed loop wells, "modification" also means any alteration to the construction of the bore hole of an existing closed loop well, including, but not limited to, regrouting and installation of additional bore holes.
(e) "Water well" means any excavation that is drilled, cored, bored,
washed, driven, dug, jetted or otherwise constructed when the intended use
of such excavation is for the location, diversion, artificial recharge, or
acquisition of ground water, but such term does not include an excavation
made for the purpose of obtaining or prospecting for oil, natural gas,
minerals or products of mining or quarrying or for inserting media to
repressure oil or natural gas bearing formation or for storing petroleum,
natural gas or other products or for observation or any other purpose in
connection with the development or operation of a gas storage project.
(f) "Public water system", "community water system", "non-community
water system", "semi-private water system" and "private water system" have
the meanings ascribed to them in the Illinois Groundwater Protection Act.
(g) "Potential route", "potential primary source" and "potential
secondary source" have the meanings
ascribed to them in the Environmental
Protection Act.
(h) "Closed loop well" means a sealed, watertight loop of pipe buried
outside of a building foundation intended to recirculate a liquid solution
through a heat exchanger but is limited to the construction of the bore hole, piping in the bore hole, heat exchange fluid, and the grouting of the bore hole and does not include the piping and appurtenances used in any other capacity. "Closed loop well" does not include any horizontal closed loop well systems where grouting is not necessary by law or standard industry practice.
(i) "Monitoring well" means a water well intended for the purpose of
determining groundwater quality or quantity.
(j) "Closed loop well contractor" means any person who
installs closed loop wells for another person. "Closed loop
well contractor" does not include the employee of a closed loop
contractor.(Source: P.A. 97-363, eff. 8-15-11; 98-951, eff. 8-15-14.)
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(415 ILCS 30/4) (from Ch. 111 1/2, par. 116.114)
Sec. 4.
Scope.
No water well, closed loop well or monitoring well shall be located,
constructed or modified contrary to the
provisions of this Act or any rules and regulations adopted pursuant
thereto. The provisions of this Act apply to any water well.
(Source: P.A. 86-843.)
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(415 ILCS 30/5) (from Ch. 111 1/2, par. 116.115)
Sec. 5. Department powers and duties.
The Department has general supervision and authority over the location,
construction and modification of water wells, closed loop wells and
monitoring wells and for the administration of
this Act. With respect thereto it shall:
(a) Adopt and publish, and from time to time amend | ||
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(b) Commencing no later than January 1, 1988, issue | ||
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(b-5) Commencing no later than one year after the | ||
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(c) Exercise such other powers as are practical and | ||
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(Source: P.A. 97-363, eff. 8-15-11; 98-951, eff. 8-15-14.)
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(415 ILCS 30/5a) (from Ch. 111 1/2, par. 116.115a)
Sec. 5a.
Designation of agents of the Department.
The Department may
designate and use full-time municipal, district, county or multiple-county
health departments as its agents in the administration and enforcement of
this Act and the rules and regulations promulgated hereunder.
(Source: P.A. 85-1225.)
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(415 ILCS 30/5b) (from Ch. 111 1/2, par. 116.115b)
Sec. 5b.
Local programs.
This Act does not prohibit the enforcement
of ordinances of units of local government which require the issuance of a
water well construction permit and which establish a system for the
inspection of water well construction and regulation, provided such
ordinances adopt the rules and regulations promulgated pursuant to this Act
and are approved by the Department.
The local ordinance must also provide for the following:
(1) inclusion in the construction permit application | ||
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(2) notice to the unit of local government of any | ||
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(3) maintenance by the unit of local government of a | ||
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Any unit of local government which wishes its ordinance to be approved
shall submit a copy of such ordinance, including all amendments, to the
Department requesting approval. If such ordinance is approved by the
Department the ordinance shall prevail in lieu of the State permit, fee and
inspection program, and the Department shall issue written approval. Not
less than once each year the Department shall evaluate the program created
by such ordinance to determine whether the program is being administered in
accordance with the approved ordinance. If the Department finds after the
evaluation that the administration of the program is not in accordance with
the approved ordinance or is not being enforced, the Director shall give
written notice of the findings to the chief administrative officer of such
unit of local government. If the Department thereafter finds, not less
than 30 days after the giving of such notice, that the program is not being
conducted in a manner consistent with the approved ordinance, the Director
shall give written notice of such findings to the chief administrative
officer of the unit of local government and may revoke approval of such
ordinance and program. All persons within such unit of local government
shall thereupon be immediately subject to the State permit, fee and inspection
program.
Each unit of local government shall also submit information concerning
each water well permit issued by the unit of local government, as specified
in rule by the Department, within 30 days of issuance.
The rules for submission of information shall require at least the submission
of each well's depth and the aquifer involved and the depth and aquifer
involved in subsequent lowerings.
(Source: P.A. 89-368, eff. 1-1-96.)
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(415 ILCS 30/6) (from Ch. 111 1/2, par. 116.116)
Sec. 6. Rules and regulations. The Department shall adopt and amend rules and regulations reasonably
necessary to effectuate the policy declared by this Act. Such rules and
regulations shall provide criteria for the proper location and construction
of any water well, closed loop well or monitoring well and shall, no
later than January 1, 1988, provide for
the issuance of permits for the construction, modification, and abandonment of water wells
other than community public water systems and
monitoring wells. The
Department shall by
regulation require a one time
fee, not to exceed $100, for permits for construction, modification, or abandonment of water wells. The Department shall by rule require a one-time fee for permits for the construction, modification, or abandonment of closed loop wells.
(Source: P.A. 97-363, eff. 8-15-11; 98-951, eff. 8-15-14.)
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(415 ILCS 30/6a) (from Ch. 111 1/2, par. 116.116a)
Sec. 6a.
Prohibitions.
Beginning January 1, 1988, no new
non-community, semi-private or private water system well may be located within
200 feet of any potential primary or potential secondary source or any
potential route. This prohibition does not apply to any new private water
system well where the owner is the same for both the well and a potential
secondary source or a potential route. In such instances, the Department shall
apply a prohibition of 75 feet and shall inform the well owner of the potential
hazards associated with the location of a well in close proximity to a
potential source or potential route. Nothing in this
Section shall affect any location and construction requirement imposed in
Section 6 of this Act and regulations promulgated thereunder. The
Department may grant an exception to the prohibitions in this Section where
the owner is the same for both the well and a potential primary or
potential secondary source or a potential route. Such exception may only
be granted if a demonstration is provided by the owner of the potable water
well that applicable protective measures will be utilized to minimize the
potential for contamination of the well, and if the resulting well
installation can be expected to provide a continuously safe and sanitary water supply.
(Source: P.A. 85-863.)
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(415 ILCS 30/6b) (from Ch. 111 1/2, par. 116.116b)
Sec. 6b.
Assurance of potable water supply.
Except as provided in
Section 14.2 of the Environmental Protection Act, the owner of every
potable water supply well which has been
contaminated due to the actions of the owner or operator of a
potential primary or potential secondary source or potential route shall be
provided an
alternative source of
potable water of sufficient quality and quantity, or treatment of the
waters from such well to achieve
a sufficient level of quality and quantity appropriate to protection of the
public health, or such other remedy as may be mutually agreed upon by the
well owner and the owner or operator of the potential source or potential
route. For purposes of this Section, contamination shall mean
such alteration of the physical, chemical or biological qualities of the water
as to render it unfit for human consumption, or to otherwise render it
unfit for use as potable water as measured by
applicable groundwater quality standards
which are adopted by the Pollution Control Board. All costs of
providing alternative or treated potable
water supplies under this Section shall be borne by the responsible owners
and operators of the contamination source and route. This Section shall
apply only to actions of an owner or operator which occur after the
effective date of this Section and for which there is adequate reason to
believe that a relationship exists between the potential source or potential route and the
contaminated well.
(Source: P.A. 85-863.)
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(415 ILCS 30/6c) (from Ch. 111 1/2, par. 116.116c)
Sec. 6c.
Public Health Water Permit Fund.
There is hereby created in
the State Treasury a special fund to be known as the Public Health Water
Permit Fund. All fees collected by the Department pursuant to Section 6 of
this Act shall be deposited into the Fund. The amount collected as fees
shall be appropriated by the General Assembly to the Department for the
purpose of conducting activities relating to groundwater protection.
(Source: P.A. 85-863.)
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(415 ILCS 30/7a) (from Ch. 111 1/2, par. 116.117a)
Sec. 7a.
The Department shall issue an order compelling any person
who is in violation of this Act or the rules and regulations
promulgated hereunder to remedy such violations. The order shall specify
the violations and a date by which they shall be remedied. Failure of the
person to remedy the violations by the date specified in
the order shall
constitute a business offense punishable by a fine not to exceed $750, with
each day subsequent to such date that the violations remain uncorrected
constituting a separate offense.
(Source: P.A. 86-843.)
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(415 ILCS 30/8) (from Ch. 111 1/2, par. 116.118)
Sec. 8.
The provisions of the Illinois Administrative Procedure Act, are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of any rule
required by federal law in connection with which the Department is
precluded by law from exercising any discretion.
(Source: P.A. 87-895; 88-45.)
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(415 ILCS 30/9) (from Ch. 111 1/2, par. 116.119)
Sec. 9.
Abandoned wells.
Water wells, borings and monitoring wells
which are abandoned shall be plugged in accordance with requirements
established by the Department.
(Source: P.A. 86-843.)
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(415 ILCS 30/9.1) Sec. 9.1. Closed loop well contractor certification. (a) Within 2 years after the effective date of this amendatory Act of the 97th General Assembly, all closed loop well contractors, shall be certified by the Department. The Department shall issue closed loop well contractor certificates to those applicants who are qualified and have successfully passed the Department's closed loop well contractor's certification exam. Application for certification as a closed loop well contractor must be made to the Department in writing and under oath or affirmation on forms prescribed and furnished by the Department. Applications may require any information the Department deems necessary in order to carry out the provisions of this Act. The Department shall collect a fee for the closed loop well contractor's qualification exam. (b) Any person holding a valid water well contractor's license issued under the Water Well and Pump Installation
Contractor's License Act may apply and receive, without examination or fee, a closed loop well contractor's certification, provided that all other requirements of this Act are met. (c) Any person who only installs horizontal closed loop wells using the open trench method shall be exempt from certification under this Section.
(Source: P.A. 97-363, eff. 8-15-11.) |
(415 ILCS 30/9.2) Sec. 9.2. Closed loop well contractor registration. (a) Beginning one year after the effective date of this amendatory Act of the 97th General Assembly, no person may engage in the occupation of a closed loop well contractor unless he or she holds a valid certificate of registration as a closed loop well contractor issued by the Department. (b) All closed loop well contractors doing business in this
State must annually file an application for registration with the Department. (c) One year after the effective date of this amendatory Act of the 97th General Assembly, all applications filed for registration under this
Section must be accompanied by verification of the certification of the applicant by an organization approved by the Department for its appropriateness in determining the knowledge and expertise as a closed loop well contractor, and the applicant must submit proof of certification under Section 9.1 of this Act, unless specifically exempt from certification in subsection (c) of Section 9.1 of this Act. (d) Certificates of registration issued under this Section shall expire and must be renewed on an annual basis. (e) The Department shall collect an annual fee for registration of a closed loop well contractor.
(Source: P.A. 97-363, eff. 8-15-11.) |