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| Public Act 097-0363 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Water Well and Pump Installation | ||||
Contractor's License Act is amended by changing Sections 2, 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(Section scheduled to be repealed on January 1, 2012)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 | ||||
requires:
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(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
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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 | ||||
other water
under the surface of the ground whether percolating | ||||
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 | ||
water well
holes;
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(4) "Water Well Contractor" and "Contractor" mean any | ||
person who
contracts to drill, alter or repair any water well;
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(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
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well, including repair to any existing installation;
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(6) "Water Well Pump Installation Contractor" means any | ||
person
engaged in the business of installing or repairing pumps | ||
and pumping
equipment owned by others;
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(7) "Water Well and Pump Installation Contractor" means any | ||
person
engaged in both businesses described in subsections 4, | ||
5, and 6 above;
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(8) "Department" means the Department of Public Health of | ||
this
State;
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(9) "Director" means the Director of the Department of | ||
Public Health;
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(10) "Board" means the Water Well and Pump Installation | ||
Contractors
Licensing Board created by Section 6 of this Act;
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(11) "Person" includes any natural person, partnership, | ||
association,
trust and public or private corporation;
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(12) "Monitoring well" means a water well intended for the | ||
purpose of
determining groundwater quality or quantity; .
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(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.)
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(225 ILCS 345/6) (from Ch. 111, par. 7107)
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(Section scheduled to be repealed on January 1, 2012)
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Sec. 6. Water Well and Pump Installation Contractors
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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
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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
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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.
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The members of the Water Well and Pump Installation
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Contractors Licensing Board shall be reimbursed for necessary | ||
traveling
expenses
in accordance with travel regulations | ||
prescribed by the Department of Finance.
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The Water Well and Pump Installation
Contractors Licensing | ||
Board shall advise and aid the Director in:
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(1) (a) preparing subject matter for continuing | ||
education sessions and
examinations to test the knowledge
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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
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promulgated
pursuant to the Illinois Pump Installation | ||
Code Law and the Illinois Water
Well Construction Code Law;
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(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
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installation contracting;
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(3) (c) holding examinations of applicants for license | ||
at least once a
year prior to November 1st in each year;
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(4) (d) holding hearings for the revocation or | ||
suspension of, or refusal
to issue, renew or reinstate | ||
licenses;
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(5) (e) submitting recommendations to the Director | ||
from time to time for
the efficient administration of this | ||
Act;
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(6) (f) grading all tests and examinations for licenses | ||
and promptly
reporting the results to the Director; and
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(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
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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
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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
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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.
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(Source: P.A. 90-692, eff. 1-1-99.)
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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.
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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There shall be no reduction in such fees because a license | ||
when issued
may be valid for less time than a full license | ||
year.
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(Source: P.A. 77-1626.)
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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:
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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 | ||
context otherwise requires:
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(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.
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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 | ||
alteration of
any water well which shall be contrary to the | ||
rules and regulations
regarding the construction of a well.
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(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.
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(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.
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(g) "Potential route", "potential primary source" and | ||
"potential
secondary source" have the meanings
ascribed to them | ||
in the Environmental
Protection Act.
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(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.
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(i) "Monitoring well" means a water well intended for the | ||
purpose of
determining groundwater quality or quantity.
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(j) "Closed loop well contractor" means any person who
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installs closed loop wells for another person. "Closed loop
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well contractor" does not include the employee of a closed loop
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contractor. | ||
(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 | ||
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:
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(a) Adopt and publish, and from time to time amend rules | ||
and regulations
as hereinafter provided;
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(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
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(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.
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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 | ||
and amend rules and regulations reasonably
necessary to | ||
effectuate the policy declared by this Act. Such rules and
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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.
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(Source: P.A. 86-843.)
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(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
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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
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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.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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