Public Act 098-0951
 
SB3055 EnrolledLRB098 19682 MGM 54888 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Water Well and Pump Installation
Contractor's License Act is amended by changing Section 2 as
follows:
 
    (225 ILCS 345/2)  (from Ch. 111, par. 7103)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 2. As used in this Act, unless the context otherwise
requires:
    (1) "Water well" and "well" mean 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 monitoring wells;
    (2) "Ground water" means water of under-ground aquifers,
streams, channels, artesian basins, reservoirs, lakes and
other water under the surface of the ground whether percolating
or otherwise;
    (3) "Drill" and "drilling" mean all acts necessary to the
construction of a water well including the sealing of unused
water well holes;
    (4) "Water Well Contractor" and "Contractor" mean any
person who contracts to drill, alter or repair any water well;
    (5) "Water Well Pump Installation" means the selection of
and 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 and all construction
involved in connecting such wells and pumping units or pressure
tanks in the water supply systems of buildings served by such
well, including repair to any existing installation;
    (6) "Water Well Pump Installation Contractor" means any
person engaged in the business of installing or repairing pumps
and pumping equipment owned by others;
    (7) "Water Well and Pump Installation Contractor" means any
person engaged in both businesses described in subsections 4,
5, and 6 above;
    (8) "Department" means the Department of Public Health of
this State;
    (9) "Director" means the Director of the Department of
Public Health;
    (10) "Board" means the Water Well and Pump Installation
Contractors Licensing Board created by Section 6 of this Act;
    (11) "Person" includes any natural person, partnership,
association, trust and public or private corporation;
    (12) "Monitoring well" means a water well intended for the
purpose of determining groundwater quality or quantity;
    (13) "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;
    (14) "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.)
 
    Section 10. The Illinois Water Well Construction Code is
amended by changing Sections 3, 5, and 6 as follows:
 
    (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 any change, replacement or other alteration of any water
well which shall be contrary to the rules and regulations
regarding the construction of a well.
    (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.)
 
    (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
    rules and regulations as hereinafter provided;
        (b) Commencing no later than January 1, 1988, issue
    permits for the construction, modification, abandonment,
    or change in depth of any water well other than community
    public water systems and monitoring wells;
        (b-5) Commencing no later than one year after the
    effective date of this amendatory Act of the 97th General
    Assembly, issue permits for the construction,
    modification, and abandonment of closed loop wells; and
        (c) Exercise such other powers as are practical and
    reasonably necessary to carry out and enforce the
    provisions of this Act.
(Source: P.A. 97-363, eff. 8-15-11.)
 
    (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 operation 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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.