Public Act 097-0363
 
HB0308 EnrolledLRB097 05460 CEL 45519 b



    AN ACT concerning regulation.

 
    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 Sections 2, 6 
and 13 as follows:
 



    (225 ILCS 345/2)  (from Ch. 111, par. 7103)



    (Section scheduled to be repealed on January 1, 2012)

    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 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. 86-843.)

 



    (225 ILCS 345/6)  (from Ch. 111, par. 7107)



    (Section scheduled to be repealed on January 1, 2012)

    Sec. 6. Water Well and Pump Installation Contractors

Licensing Board; Closed Loop Well Contractors Certification 
Board. 
    (a) There is created in the Department the Water Well and 
Pump
Installation Contractors Licensing Board which shall 
exercise its duties
provided in this Act under the supervision 
of the Department. The Water Well and Pump Installation

Contractors Licensing Board
shall consist of 6 members, 
designated from time to time by the
Director. Two members shall 
be licensed water well contractors, 2 two
members shall be 
licensed water well pump installation contractors, and
2 two 
members shall be licensed water well and pump installation

contractors. In making the appointments to the Water Well and 
Pump Installation
Contractors Licensing Board, the Director 
shall
consider the recommendation of the Illinois Association 
of Groundwater
Professionals or its successor organization.

    The members of the Water Well and Pump Installation

Contractors Licensing Board shall be  reimbursed for necessary 
traveling
expenses
in accordance with travel regulations 
prescribed by the Department of Finance.

    The Water Well and Pump Installation
Contractors Licensing 
Board shall advise and aid the Director in:


        (1) (a) preparing subject matter for continuing 
    education sessions and
examinations to test the knowledge

    and skills of applicants for license in the construction, 
    installation
and repair of water wells, well pumps, water 
    pressure storage tanks,
connecting piping and related 
    appurtenances, including proper sealing of
abandoned water 
    wells, and the rules and regulations of the Department

    promulgated
pursuant to the Illinois Pump Installation 
    Code Law and the Illinois Water
Well Construction Code Law;


        (2) (b) promulgating rules to govern the number of 
    hours
of
continuing education required for a continuing 
    education session,
examinations,
hearings for suspension 
    or revocation of or refusal to issue or renew a
license, 
    clarifying the law as it relates to water well and pump

    installation contracting;


        (3) (c) holding examinations of applicants for license 
    at least once a
year prior to November 1st in each year;


        (4) (d) holding hearings for the revocation or 
    suspension of, or refusal
to issue, renew or reinstate 
    licenses;


        (5) (e) submitting recommendations to the Director 
    from time to time for
the efficient administration of this 
    Act;


        (6) (f) grading all tests and examinations for licenses 
    and promptly
reporting the results to the Director; and


        (7) (g) performing such other duties from time to time 
    prescribed by the
Director; and .
        (8) consulting and agreeing with the Closed Loop Well 
    Contractors Certification Board regarding:
            (i) the registering and certification of closed 
        loop well contractors; and
            (ii) the installation of closed loop wells.
    For purposes of this item (8), the term "closed loop well" 
    shall be limited to the construction, installation, 
    repair, and abandonment of the bore hole and the grouting 
    of the bore hole.
    (b) There is created in the Department the Closed Loop Well

Contractors Certification Board, which shall exercise its 
duties provided in this Act under the supervision of the 
Department. The Closed Loop Well Contractors Certification 
Board shall consist of 6 members, designated from time to time 
by the Director. A temporary board shall be appointed by the 
Department for the sole purpose of assisting with the process 
of initial certification and registration of closed loop well 
contractors and shall remain in place until 2 years after the 
effective date of this amendatory Act of the 97th General 
Assembly. On the dissolution of the temporary board, the 6 
members must be closed loop well contractors who are registered 
and certified under this Act. In making appointments to the 
Closed Loop Well Contractors Certification Board, the Director 
shall consider the recommendations of organizations that are 
representative of the closed loop well industry in Illinois. 
Recommendations shall include consideration of statewide 
geographical representation.
    The Closed Loop Well Contractors Certification Board shall

advise and aid the Director in:
        (1) preparing subject matter for continuing education 
    sessions relating to closed loop wells and preparing 
    examinations to test the knowledge and skills of applicants 
    for certification relating to the construction, 
    installation, repair, and abandonment of closed loop wells 
    and the rules of the Department adopted under this Act for 
    closed loop wells;
        (2) adopting rules relating to (i) closed loop wells, 
    (ii) continuing education requirements, (iii) 
    examinations, (iv) hearings for suspension or revocation 
    of or refusal to issue or renew a certification, and (v) 
    the construction, installation, repair, and abandonment of 
    closed loop wells;
        (3) holding examinations of applicants for 
    certification at least once a year prior to November 1st in 
    each year;
        (4) holding hearings for the revocation or suspension 
    of, or refusal to issue, renew, or reinstate, 
    certifications;
        (5) submitting recommendations to the Director from 
    time to time for the efficient administration of this Act;
        (6) grading all tests and examinations for 
    certifications, and promptly reporting the results to the

    Director;
        (7) performing such other duties as may be from time to 
    time prescribed by the Director; and
        (8) conferring with the Water Well and Pump 
    Installation Contractors Licensing Board regarding the 
    construction, installation, repair, and abandonment of 
    closed loop wells. 

(Source: P.A. 90-692, eff. 1-1-99.)

 



    (225 ILCS 345/13)  (from Ch. 111, par. 7114)



    (Section scheduled to be repealed on January 1, 2012)

    Sec. 13. 

The fee to be paid by an applicant for an 
examination to determine his
fitness to receive a license as a 
water well contractor is $50.

    The fee to be paid by an applicant for an examination to 
determine his
fitness to receive a license as a water well pump 
installation contractor
is $50.

    The fee to be paid by an applicant for an examination to 
determine his
fitness to receive a license as a water well and 
pump installation
contractor is $80.

    The fee to be paid by an applicant for the annual renewal 
of a license
as a water well contractor or water well pump 
installation contractor is
$25.

    The fee to be paid by an applicant for the annual renewal 
of a license
as a water well and pump installation contractor 
is $35.

    The fee to be paid by an applicant for the reinstatement of 
a water well
contractor license or a water well pump 
installation contractor license
which has lapsed less than 3 
years is $10, plus all lapsed renewal fees.

    The fee to be paid by an applicant for restoration of a 
water well
contractor's license or water well pump installation 
contractor's license
which has lapsed more than three years is 
$150.

    The fee to be paid by an applicant for the reinstatement of 
a water well
and pump installation contractor license which has 
lapsed less than 3 years
is $15, plus all lapsed renewal fees.

    The fee to be paid by an applicant for the restoration of a 
license as a water well and
pump installation contractor which 
has lapsed more than 3 years is $175.

    There shall be no reduction in such fees because a license 
when issued
may be valid for less time than a full license 
year.

(Source: P.A. 77-1626.)

 
    Section 10. The Illinois Water Well Construction Code is 
amended  by changing Sections 3, 5, and 6 and  by adding Sections 
9.1 and 9.2 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 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 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. 86-843.)

 



    (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 or change in depth of any water well other 
than community public
water systems and monitoring wells; and

    (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. 86-843.)

 



    (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 and operation of water 
wells
other than community public water systems, closed loop 
wells 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. issued under the
authority of this Act.

(Source: P.A. 86-843.)

 
    (415 ILCS 30/9.1 new)
    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.
 
    (415 ILCS 30/9.2 new)
    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.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.