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    (Section scheduled to be repealed on January 1, 2012)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