HB3462eng 94TH GENERAL ASSEMBLY

HB3462 Engrossed LRB094 03852 RSP 41873 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 Sections 2, 3, 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(Section scheduled to be repealed on January 1, 2012)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 and the installation of pitless well adapters and pitless ubits;

(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 and the extending of water well casing from a maximum depth of 10 feet below ground surface;

(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.

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

(225 ILCS 345/3) (from Ch. 111, par. 7104)

(Section scheduled to be repealed on January 1, 2012)

Sec. 3. This Act shall not apply: (1) to an individual who drills a water well or installs a water well pump on land which is owned or leased by him and is used by him for farming purposes or as his place of abode; or

(2) to an individual who performs labor or services for a licensed water well Contractor in connection with the drilling of a water well at the direction and under the personal supervision of a licensed water well Contractor; or

(3) to an individual who performs labor or services for a licensed water well pump installation contractor in connection with the installation or repair of any water well pump or equipment at the direction and under the personal supervision of a licensed water well pump installation contractor; or

(4) to any person, firm or corporation engaged in the installation or repair of water well pumps or equipment in wells drilled or used for observation or any other purpose in connection with the development or operation of a gas storage project; or

(5) To any person, firm, or corporation engaged in the installation of driven point wells.

(6) To an individual who seals an unused dug well at the direction of and subject to the control of the owner of the real property where the well is located.

(Source: P.A. 81-791.)

(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 $100 $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 $100 $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 $160 $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 $75 $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 $100 $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 $20 $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 $30 $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, except closed loop wells using USP food grade propylene glycol as a coolant.

(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.

(i) "Monitoring well" means a water well intended for the purpose of determining groundwater quality or quantity.

(j) "Closed loop contractor" means any person who installs closed loop wells for another person. "Closed loop contractor" does not include the employees of a closed loop contractor.

(k) "Horizontal closed loop well" means a closed loop well constructed to contain horizontal piping and the installation and grouting of the horizontal piping not exceeding 20 feet in depth, and the connection to the horizontal header of the closed loop cooling and heating system.

(l) "Vertical closed loop well" means a closed loop well constructed to contain vertical piping and the installation and grouting of the vertical piping exceeding 20 feet in depth, and the connection to the horizontal header of the closed loop cooling and heating system.

(m) "Closed loop well system" is the entire system containing the horizontal closed loop well or wells, the vertical closed loop well or wells, the header piping, the heating and cooling equipment, and the connections to the heating and cooling equipment.

(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 commencing no later than November 1, 2005, issue permits for the construction and modification of closed loop well systems; 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 $200 $100, for permits for construction of water wells and a one time fee, not to exceed $200, for permits for the construction of closed loop well systems issued under the authority of this Act. Water well and closed loop well system construction permit fees shall be for the purpose of reviewing the water well or closed loop well system permit application, for the issuance of the permit, and for inspecting the construction of the water well or closed loop well system.

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

(415 ILCS 30/9.1 new)

Sec. 9.1. Registration. No person shall engage in the occupation of a closed loop contractor unless he or she holds a valid registration as a closed loop contractor. All closed loop contractors doing business in the State must file an application for registration with the Illinois Department of Public Health annually. All applicants for registration as closed loop contractors shall submit verification of certification by the International Ground Source Heat Pump Association with the application for registration as closed loop contractors beginning November 1, 2005 and shall have until November 1, 2007 to submit verification of certification by the Department. After November 1, 2007, all applicants for registration as closed loop contractors shall submit verification of certification by both the International Ground Source Heat Pump Association and the Department with the application for registration as a closed loop contractor. All closed loop contractors shall renew their registration annually. The Department shall collect annual registration fees, in an amount established by the Department by rule. The Department must begin to issue closed loop contractor registrations under this Section no later than November 1, 2005.

(415 ILCS 30/9.2 new)

Sec. 9.2. Certification. Applications for certification as a closed loop contractor shall be made to the Department in writing and under oath or affirmation upon forms prescribed and furnished by the Department. The applications shall contain any information the Department deems necessary in order to carry out the provisions of this Act. The Department shall issue certifications as a closed loop contractor to those individuals who are qualified and have successfully passed the Department's closed loop contractor's certification exam. The Department shall establish the time of the closed loop contractor's exam and the qualifications for the closed loop contractor's certification by rule. The Department shall collect the fee for the closed loop contractor's qualification exam, the amount of which shall be established by rule. The Water Well and Pump Installation Contractor Licensing Board shall advise and aid the Department in preparing subject matter for the closed loop contractor's certification exam. Any person holding a valid State of Illinois Department of Public Health Water Well Contractor's license or State of Illinois Department of Public Health Water Well and Pump Installation Contractor's license may apply and receive, without examination or fee, a closed loop contractor's certification provided that all other requirements of this Act are met. The Department must begin to issue closed loop contractor certifications under this Section no later than November 1, 2005.

Section 99. Effective date. This Act takes effect October 1, 2005.