(415 ILCS 35/1) (from Ch. 111 1/2, par. 116.151)
Sec. 1.
Short title.
This Act shall be known and may be cited as the " Illinois Water Well Pump Installation Code. "
(Source: Laws 1965, p. 3225.)
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(415 ILCS 35/2) (from Ch. 111 1/2, par. 116.152)
Sec. 2.
Declaration of policy.
It has been established by scientific evidence that improperly installed
water well pumps and equipment can adversely affect the public health.
Consistent with its duty to safeguard the public health of this State, The
General Assembly therefore declares that the proper installation of water
well pumps and equipment is essential for the protection of the public
health.
(Source: Laws 1965, p. 3225.)
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(415 ILCS 35/3) (from Ch. 111 1/2, par. 116.153)
Sec. 3.
Definitions.
As used in this Act, unless the context otherwise requires:
(a) "Department" means the Department of Public Health;
(b) "Director" means the Director of the Department of Public Health;
(c) "Pump installation" means the procedure employed in the placement
and preparation for operation of equipment and materials utilized in
withdrawing or obtaining water from a well for any use, including all
construction involved in making entrance to the well and establishing such
seals and safeguards as may be necessary to protect such water from
contamination, but not including repairs to any existing installation.
(d) "Water well pumps and equipment" means equipment and materials
utilized or intended for use in withdrawing or obtaining water from a well
for any use, including such seals and safeguards as may be necessary to
protect such water from contamination.
(Source: Laws 1965, p. 3225 .)
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(415 ILCS 35/4) (from Ch. 111 1/2, par. 116.154)
Sec. 4.
Scope.
No water well pump or equipment shall be installed 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 pump or
equipment employed in withdrawing or obtaining water from a well for any
use, except wells drilled or used for observation or any other purpose in
connection with the development or operation of a gas storage project, or
other wells which are otherwise subject to regulation under the laws of
this state.
(Source: Laws 1965, p. 3225.)
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(415 ILCS 35/5) (from Ch. 111 1/2, par. 116.155)
Sec. 5.
Department powers and duties.
The Department has general supervision and authority over the
installation of water well pumps and equipment and for the administration
of this Act. With respect thereto it shall:
(a) Adopt, publish and amend rules and regulations as hereinafter
provided; and
(b) Conduct public hearings, upon not less than 30 days prior notice
published in one or more newspapers of general circulation in the state, in
connection with proposed rules and regulations and amendments thereto; and
(c) Exercise such other powers as are practical and reasonably necessary
to carry out and enforce the provisions of this Act.
(Source: Laws 1965, p. 3225.)
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(415 ILCS 35/6) (from Ch. 111 1/2, par. 116.156)
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:
(a) Provide criteria for the proper installation of water well pumps and
equipment; and
(b) Require that notification, in such form as the Department
prescribes, of any water well pump or equipment to be installed, be sent to
the Department prior to the commencement of any such installation.
(Source: Laws 1965, p. 3225.)
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(415 ILCS 35/7a) (from Ch. 111 1/2, par. 116.157a)
Sec. 7a.
The Department shall issue an order compelling any pump installation
contractor who is in violation of this Act or the rules and regulations
promulgated hereunder to remedy the violations. The
order shall specify the violations and a date by which they shall be remedied.
Failure of the contractor 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. 82-243.)
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(415 ILCS 35/8) (from Ch. 111 1/2, par. 116.158)
Sec. 8.
Installation by employees of municipal, industrial or public
utility owner of well or well pump.
Nothing in this Act shall be construed so as to prevent the employees
of a municipal, industrial or public utility owner of a well or well
pump from installing a well pump so long as the installation is in
accordance with the criteria for pump installation as established by the
department as provided for in this Act.
(Source: Laws 1965, p. 3225.)
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(415 ILCS 35/10) (from Ch. 111 1/2, par. 116.159)
Sec. 10.
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 rulemaking 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. 88-45.)
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