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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Water Well and Pump Installation | ||||||
5 | Contractor's License Act is amended by changing Sections 6 and | ||||||
6 | 13 as follows:
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7 | (225 ILCS 345/6) (from Ch. 111, par. 7107)
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8 | (Section scheduled to be repealed on January 1, 2012)
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9 | Sec. 6. Board. There is created in the Department the Water | ||||||
10 | Well and Pump
Installation Contractors Licensing Board which | ||||||
11 | shall exercise its duties
provided in this Act under the | ||||||
12 | supervision of the Department. The Board
shall consist of 6 | ||||||
13 | members, designated from time to time by the
Director. Two | ||||||
14 | members shall be licensed water well contractors, two
members | ||||||
15 | shall be licensed water well pump installation contractors, and
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16 | two members shall be licensed water well and pump installation
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17 | contractors. In making the appointments to the Board, the | ||||||
18 | Director shall
consider the recommendation of the Illinois | ||||||
19 | Association of Groundwater
Professionals.
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20 | The members of the Board shall be reimbursed for necessary | ||||||
21 | traveling
expenses
in accordance with travel regulations | ||||||
22 | prescribed by the Department of Finance.
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23 | The Board shall advise and aid the Director in:
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1 | (a) preparing subject matter for continuing education | ||||||
2 | sessions , examinations to test the knowledge
and skills of | ||||||
3 | applicants for certification in the construction, | ||||||
4 | installation,
and repair of closed loop wells, and
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5 | examinations to test the knowledge
and skills of applicants | ||||||
6 | for license in the construction, installation
and repair of | ||||||
7 | water wells, well pumps, water pressure storage tanks,
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8 | connecting piping and related appurtenances, including | ||||||
9 | proper sealing of
abandoned water wells, and the rules and | ||||||
10 | regulations of the Department
promulgated
pursuant to the | ||||||
11 | Illinois Pump Installation Code Law and the Illinois Water
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12 | Well Construction Code Law;
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13 | (b) promulgating rules to govern the number of hours
of
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14 | continuing education required for a continuing education | ||||||
15 | session,
examinations,
hearings for suspension or | ||||||
16 | revocation of or refusal to issue or renew a
license, | ||||||
17 | clarifying the law as it relates to water well and pump
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18 | installation contracting;
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19 | (c) holding examinations of applicants for license at | ||||||
20 | least once a
year prior to November 1st in each year;
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21 | (d) holding hearings for the revocation or suspension | ||||||
22 | of, or refusal
to issue, renew or reinstate licenses;
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23 | (e) submitting recommendations to the Director from | ||||||
24 | time to time for
the efficient administration of this Act;
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25 | (f) grading all tests and examinations for licenses and | ||||||
26 | promptly
reporting the results to the Director; and
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1 | (g) performing such other duties from time to time | ||||||
2 | prescribed by the
Director.
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3 | (Source: P.A. 90-692, eff. 1-1-99.)
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4 | (225 ILCS 345/13) (from Ch. 111, par. 7114)
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5 | (Section scheduled to be repealed on January 1, 2012)
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6 | Sec. 13. The fee to be paid by an applicant for an | ||||||
7 | examination to determine his
fitness to receive a license as a | ||||||
8 | water well contractor is $50.
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9 | The fee to be paid by an applicant for an examination to | ||||||
10 | determine his
fitness to receive a license as a water well pump | ||||||
11 | installation contractor
is $50.
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12 | The fee to be paid by an applicant for an examination to | ||||||
13 | determine his
fitness to receive a license as a water well and | ||||||
14 | pump installation
contractor is $80.
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15 | The fee to be paid by an applicant for the annual renewal | ||||||
16 | of a license
as a water well contractor or water well pump | ||||||
17 | installation contractor is
$25.
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18 | The fee to be paid by an applicant for the annual renewal | ||||||
19 | of a license
as a water well and pump installation contractor | ||||||
20 | is $35.
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21 | The fee to be paid by an applicant for the reinstatement of | ||||||
22 | a water well
contractor license or a water well pump | ||||||
23 | installation contractor license
which has lapsed less than 3 | ||||||
24 | years is $10, plus all lapsed renewal fees.
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25 | The fee to be paid by an applicant for restoration of a |
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1 | water well
contractor's license or water well pump installation | ||||||
2 | contractor's license
which has lapsed more than three years is | ||||||
3 | $150.
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4 | The fee to be paid by an applicant for the reinstatement of | ||||||
5 | a water well
and pump installation contractor license which has | ||||||
6 | lapsed less than 3 years
is $15, plus all lapsed renewal fees.
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7 | The fee to be paid by an applicant for the restoration of a | ||||||
8 | license as a water well and
pump installation contractor which | ||||||
9 | has lapsed more than 3 years is $175.
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10 | There shall be no reduction in such fees because a license | ||||||
11 | when issued
may be valid for less time than a full license | ||||||
12 | year.
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13 | (Source: P.A. 77-1626.)
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14 | Section 10. The Illinois Water Well Construction Code is | ||||||
15 | amended by changing Sections 3 and 5 and by adding Sections 9.1 | ||||||
16 | and 9.2 as follows:
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17 | (415 ILCS 30/3) (from Ch. 111 1/2, par. 116.113)
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18 | Sec. 3. Definitions. As used in this Act, unless the | ||||||
19 | context otherwise requires:
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20 | (a) "Construction" means all acts necessary to obtaining | ||||||
21 | ground water by
any method, including without limitation the | ||||||
22 | location
of and the excavation for the well, but not including | ||||||
23 | prospecting,
surveying or other acts preparatory thereto, nor | ||||||
24 | the installation of pumps
and pumping equipment.
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1 | (b) "Department" means the Department of Public Health.
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2 | (c) "Director" means the Director of Public Health.
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3 | (d) "Modification" means any change, replacement or other | ||||||
4 | alteration of
any water well which shall be contrary to the | ||||||
5 | rules and regulations
regarding the construction of a well.
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6 | (e) "Water well" means any excavation that is drilled, | ||||||
7 | cored, bored,
washed, driven, dug, jetted or otherwise | ||||||
8 | constructed when the intended use
of such excavation is for the | ||||||
9 | location, diversion, artificial recharge, or
acquisition of | ||||||
10 | ground water, but such term does not include an excavation
made | ||||||
11 | for the purpose of obtaining or prospecting for oil, natural | ||||||
12 | gas,
minerals or products of mining or quarrying or for | ||||||
13 | inserting media to
repressure oil or natural gas bearing | ||||||
14 | formation or for storing petroleum,
natural gas or other | ||||||
15 | products or for observation or any other purpose in
connection | ||||||
16 | with the development or operation of a gas storage project.
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17 | (f) "Public water system", "community water system", | ||||||
18 | "non-community
water system", "semi-private water system" and | ||||||
19 | "private water system" have
the meanings ascribed to them in | ||||||
20 | the Illinois Groundwater Protection Act.
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21 | (g) "Potential route", "potential primary source" and | ||||||
22 | "potential
secondary source" have the meanings
ascribed to them | ||||||
23 | in the Environmental
Protection Act.
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24 | (h) "Closed loop well" means a sealed, watertight loop of | ||||||
25 | pipe buried
outside of a building foundation intended to | ||||||
26 | recirculate a liquid solution
through a heat exchanger.
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1 | (i) "Monitoring well" means a water well intended for the | ||||||
2 | purpose of
determining groundwater quality or quantity.
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3 | (j) "Closed loop contractor" means any person who installs | ||||||
4 | closed loop wells for another person. "Closed loop contractor" | ||||||
5 | does not include the employee of a closed loop contractor. | ||||||
6 | (k) "Horizontal closed loop well" means a closed loop well | ||||||
7 | constructed to contain horizontal piping and the installation | ||||||
8 | and grouting of the horizontal piping not exceeding 20 feet in | ||||||
9 | depth and the connection to the horizontal header of the closed | ||||||
10 | loop cooling and heating system. | ||||||
11 | (l) "Vertical closed loop well" means a closed loop well | ||||||
12 | constructed to contain vertical piping and the installation and | ||||||
13 | grouting of the vertical piping exceeding 20 feet in depth and | ||||||
14 | the connection to the horizontal header of the closed loop | ||||||
15 | cooling and heating system. | ||||||
16 | (m) "Closed loop well system" means the entire system
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17 | containing the horizontal closed loop well or wells, the | ||||||
18 | vertical closed loop well or wells, the header piping, the | ||||||
19 | heating and cooling equipment, and the connections to the | ||||||
20 | heating and cooling equipment.
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21 | (Source: P.A. 86-843.)
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22 | (415 ILCS 30/5) (from Ch. 111 1/2, par. 116.115)
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23 | Sec. 5. Department powers and duties.
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24 | The Department has general supervision and authority over | ||||||
25 | the location,
construction and modification of water wells, |
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1 | closed loop wells and
monitoring wells and for the | ||||||
2 | administration of
this Act. With respect thereto it shall:
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3 | (a) Adopt and publish, and from time to time amend rules | ||||||
4 | and regulations
as hereinafter provided;
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5 | (b) Commencing no later than January 1, 1988, issue permits | ||||||
6 | for the
construction or change in depth of any water well other | ||||||
7 | than community public
water systems and monitoring wells; and
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8 | (b-5) Commencing no later than January 1, 2009, issue | ||||||
9 | permits for the construction and modification of closed loop | ||||||
10 | well systems; and
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11 | (c) Exercise such other powers as are practical and | ||||||
12 | reasonably necessary
to carry out and enforce the provisions of | ||||||
13 | this Act.
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14 | (Source: P.A. 86-843.)
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15 | (415 ILCS 30/9.1 new) | ||||||
16 | Sec. 9.1. Closed loop contractor certification. On or | ||||||
17 | before January 1, 2009, the Department shall issue closed loop | ||||||
18 | contractor certificates to those applicants who are qualified | ||||||
19 | and have successfully passed the Department's closed loop | ||||||
20 | contractor's certification exam. Applications for | ||||||
21 | certification as a closed loop contractor must be made to the | ||||||
22 | Department in writing and under oath or affirmation upon forms | ||||||
23 | prescribed and furnished by the Department. Applications may | ||||||
24 | require any
information the Department deems necessary in order | ||||||
25 | to carry out the provisions of this Act. The Department shall |
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1 | collect a $50 fee for the closed loop contractor's | ||||||
2 | qualification exam. The Water Well and Pump
Installation | ||||||
3 | Contractor Licensing Board, established under the Water Well | ||||||
4 | and Pump Installation Contractor's License Act, shall advise | ||||||
5 | and aid the Department in preparing subject matter for the | ||||||
6 | closed loop contractor's certification exam. | ||||||
7 | Any person holding a valid water well contractor's license | ||||||
8 | issued under the Water Well and Pump Installation Contractor's | ||||||
9 | License Act may apply and receive, without examination or fee, | ||||||
10 | a closed loop contractor's certification, provided that all | ||||||
11 | other requirements of this Act are met. | ||||||
12 | Notwithstanding any other rulemaking authority that may | ||||||
13 | exist, neither the Governor nor any agency or agency head under | ||||||
14 | the jurisdiction of the Governor has any authority to make or | ||||||
15 | promulgate rules to implement or enforce the provisions of this | ||||||
16 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
17 | Governor believes that rules are necessary to implement or | ||||||
18 | enforce the provisions of this amendatory Act of the 95th | ||||||
19 | General Assembly, the Governor may suggest rules to the General | ||||||
20 | Assembly by filing them with the Clerk of the House and the | ||||||
21 | Secretary of the Senate and by requesting that the General | ||||||
22 | Assembly authorize such rulemaking by law, enact those | ||||||
23 | suggested rules into law, or take any other appropriate action | ||||||
24 | in the General Assembly's discretion. Nothing contained in this | ||||||
25 | amendatory Act of the 95th General Assembly shall be | ||||||
26 | interpreted to grant rulemaking authority under any other |
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1 | Illinois statute where such authority is not otherwise | ||||||
2 | explicitly given. For the purposes of this amendatory Act of | ||||||
3 | the 95th General Assembly, "rules" is given the meaning | ||||||
4 | contained in Section 1-70 of the Illinois Administrative | ||||||
5 | Procedure Act, and "agency" and "agency head" are given the | ||||||
6 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
7 | Administrative Procedure Act to the extent that such | ||||||
8 | definitions apply to agencies or agency heads under the | ||||||
9 | jurisdiction of the Governor. | ||||||
10 | (415 ILCS 30/9.2 new) | ||||||
11 | Sec. 9.2. Closed loop contractor registration. Beginning | ||||||
12 | on January 1, 2009, no person may engage in the occupation of a | ||||||
13 | closed loop contractor unless he or she holds a valid | ||||||
14 | certificate of registration as a closed loop contractor issued | ||||||
15 | by the Department. All closed loop contractors doing business | ||||||
16 | in this State must annually file an application for | ||||||
17 | registration with the Department. All applications filed for | ||||||
18 | registration under this Section before November 1, 2010 must be | ||||||
19 | accompanied by verification of the certification of the | ||||||
20 | applicant by the International Ground Source Heat Pump | ||||||
21 | Association or a successor organization as a closed loop | ||||||
22 | contractor and the applicant must submit proof of certification | ||||||
23 | under Section 9.1 of this Act before November 1, 2010. All | ||||||
24 | applications filed for registration under this Section on or | ||||||
25 | after November 1, 2010 must be accompanied by verification of |
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1 | the certification of the applicant by the International Ground | ||||||
2 | Source Heat Pump Association or a successor organization as a | ||||||
3 | closed loop contractor and proof of certification under Section | ||||||
4 | 9.1 of this Act. Certificates of registration issued under this | ||||||
5 | Section shall expire and must be renewed on an annual basis. | ||||||
6 | The Department shall collect an annual registration fee of $25. | ||||||
7 | Notwithstanding any other rulemaking authority that may exist, | ||||||
8 | neither the Governor nor any agency or agency head under the | ||||||
9 | jurisdiction of the Governor has any authority to make or | ||||||
10 | promulgate rules to implement or enforce the provisions of this | ||||||
11 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
12 | Governor believes that rules are necessary to implement or | ||||||
13 | enforce the provisions of this amendatory Act of the 95th | ||||||
14 | General Assembly, the Governor may suggest rules to the General | ||||||
15 | Assembly by filing them with the Clerk of the House and the | ||||||
16 | Secretary of the Senate and by requesting that the General | ||||||
17 | Assembly authorize such rulemaking by law, enact those | ||||||
18 | suggested rules into law, or take any other appropriate action | ||||||
19 | in the General Assembly's discretion. Nothing contained in this | ||||||
20 | amendatory Act of the 95th General Assembly shall be | ||||||
21 | interpreted to grant rulemaking authority under any other | ||||||
22 | Illinois statute where such authority is not otherwise | ||||||
23 | explicitly given. For the purposes of this amendatory Act of | ||||||
24 | the 95th General Assembly, "rules" is given the meaning | ||||||
25 | contained in Section 1-70 of the Illinois Administrative | ||||||
26 | Procedure Act, and "agency" and "agency head" are given the |
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1 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
2 | Administrative Procedure Act to the extent that such | ||||||
3 | definitions apply to agencies or agency heads under the | ||||||
4 | jurisdiction of the Governor.
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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