225 ILCS 345/ Water Well and Pump Installation Contractor's License Act.
(225 ILCS 345/1) (from Ch. 111, par. 7101) (Section scheduled to be repealed on January 1, 2012) Sec. 1. This Act shall be known and may be cited as the "Water Well and Pump Installation Contractor's License Act". (Source: P. A. 77‑1626.) |
(225 ILCS 345/1.5) (from Ch. 111, par. 7102) (Section scheduled to be repealed on January 1, 2012) Sec. 1.5. It has been established that there is an ever increasing shortage of water in this State and that improperly installed water wells, pumps and related equipment can endanger the public health. Consistent with its duty to protect the public health and welfare of this State, and to insure the development of the natural resource of underground water in an orderly and sanitary manner, the General Assembly hereby declares that the licensing of Water Well Contractors and Water Well Pump Installation Contractors is essential to the protection of the public health. (Source: P. A. 77‑1626.) |
(225 ILCS 345/2) (from Ch. 111, par. 7103) (Section scheduled to be repealed on January 1, 2012) Sec. 2.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. (Source: P.A. 86‑843.) |
(225 ILCS 345/2.5) (from Ch. 111, par. 7103.5) (Section scheduled to be repealed on January 1, 2012) Sec. 2.5. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of such Act were included in this Act. (Source: P.A. 80‑1170.) |
(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. (Source: P.A. 81‑791.) |
(225 ILCS 345/4) (from Ch. 111, par. 7105) (Section scheduled to be repealed on January 1, 2012) Sec. 4. License requirement. Subject to the provisions of Section 3, no contractor shall drill a water well or engage in the occupation of a water well contractor unless he holds a valid license as a water well contractor issued by the Department under this Act. Subject to the provisions of Section 3, after January 1, 1972, no person shall drill a water well, install or repair a water well pump or equipment, or engage in the occupation of a Water Well and Pump Installation Contractor unless he holds a valid license as a Water Well and Pump Installation Contractor issued under this Act. Provided, however, that nothing in this Section or any other statute or regulation of this State prohibits any person from making a water well pump installation or engaging in the business of connecting water pressure tanks to the water supply systems of buildings or to pumps or pumping units, so long as such person possesses either a valid license as a water well pump installation contractor or a water well and pump installation contractor issued under this Act. Any person holding a valid license under the Illinois Plumbing License Act may apply and receive, without examination or fee, a water well pump installation contractor license provided that all other requirements of this Act are met. (Source: P.A. 90‑692, eff. 1‑1‑99.) |
(225 ILCS 345/6) (from Ch. 111, par. 7107) (Section scheduled to be repealed on January 1, 2012) Sec. 6. Board. 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 Board shall consist of 6 members, designated from time to time by the Director. Two members shall be licensed water well contractors, two members shall be licensed water well pump installation contractors, and two members shall be licensed water well and pump installation contractors. In making the appointments to the Board, the Director shall consider the recommendation of the Illinois Association of Groundwater Professionals. The members of the Board shall be reimbursed for necessary traveling expenses in accordance with travel regulations prescribed by the Department of Finance. The Board shall advise and aid the Director in: (a) preparing subject matter for continuing | ||
| ||
(b) promulgating rules to govern the number of hours | ||
| ||
(c) holding examinations of applicants for license | ||
| ||
(d) holding hearings for the revocation or | ||
| ||
(e) submitting recommendations to the Director from | ||
| ||
(f) grading all tests and examinations for licenses | ||
| ||
(g) performing such other duties from time to time | ||
| ||
(Source: P.A. 90‑692, eff. 1‑1‑99.) |
(225 ILCS 345/7) (from Ch. 111, par. 7108) (Section scheduled to be repealed on January 1, 2012) Sec. 7. Department duties. The Department shall: (a) Fix and announce dates for examinations; (b) Prepare forms for application for a water well | ||
| ||
(c) Prepare and issue license certificates to those | ||
| ||
(d) With the aid of the Board, prescribe rules and | ||
| ||
(e) Prescribe rules for hearings to suspend, revoke | ||
| ||
(f) Maintain and publish annually a roster showing | ||
| ||
The Department shall maintain a record in the | ||
| ||
(Source: P.A. 90‑692, eff. 1‑1‑99.) |
(225 ILCS 345/8) (from Ch. 111, par. 7109) (Section scheduled to be repealed on January 1, 2012) Sec. 8. If an applicant neglects, fails or refuses to take an examination for license under this Act within 3 years after filing his application, the examination fee paid by the applicant shall be forfeited to the Department and the application denied. However, such applicant may thereafter make a new application for examination, accompanied by the required fee. The Department shall adopt and amend rules and regulations reasonably necessary to effectuate the policy declared by this Act. Such rules and regulations shall: (a) Provide procedures governing the conduct of examination; and (b) Provide for the orderly performance of such other duties as the administration and enforcement of this Act may require. (Source: P. A. 77‑1626.) |
(225 ILCS 345/9) (from Ch. 111, par. 7110) (Section scheduled to be repealed on January 1, 2012) Sec. 9. Applications for a license, or for renewal thereof, and applications for examination shall be made to the Department in writing and under oath or affirmation, upon forms prescribed and furnished by the Department. Such applications shall contain such information as the Department deems necessary in order to carry out the provisions of this Act. The Department shall issue a Water Well Contractor's license, a Water Well Pump Installation Contractor's license, or a Water Well and Pump Installation Contractor's license to any applicant therefor who: (a) is at least 18 years of age, (b) is a citizen of the United States or has declared his intention to become a citizen of the United States, (c) possesses a good moral character, (d) has had the required experience as follows: (1) an applicant for a water well contractor's license shall have worked two years under the supervision of a licensed water well contractor, (2) an applicant for a water well pump installation contractor's license shall have worked two years under the supervision of a licensed water well pump installation contractor or in the case of those applicants whose experience was gained prior to January 1, 1972, under the supervision of a contractor who was engaged in water well pump installation, (3) an applicant for a water well and pump installation contractor's license shall have worked two years for a licensed water well and pump installation contractor and the applicant shall show evidence satisfactory to the Department that he was engaged in both water well contracting and pump installing during the two year period. For those applicants who gained their experience prior to January 1, 1972, it shall be sufficient for them to show that they worked under the supervision of a licensed water well contractor who was engaged in pump installation and that they did work in both fields. (e) has made a satisfactory grade on the examination for the particular license for which he is applying. (f) has paid the fee provided by statute. Such licenses shall be serially numbered, shall be signed by the Director and issued under the seal of the Department. (Source: P.A. 81‑791.) |
(225 ILCS 345/10) (from Ch. 111, par. 7111) (Section scheduled to be repealed on January 1, 2012) Sec. 10. Any person who has been engaged in the occupation, trade or business of a water well contractor within the State of Illinois prior to June 1, 1959, shall upon application within one year of the effective date of this Act and payment of the required license fee, be issued a water well contractor's license certificate hereunder, without examination. Any person who has been engaged in the occupation, trade or business of Water Well Pump Installation Contractor within the State of Illinois for a period of twelve (12) months in the past ten (10) years prior to January 1, 1972, shall, upon application before December 31, 1972 and payment of the required fee, be issued a Water Well Pump Installation Contractor's license hereunder without examination. The Director may require such applicant to submit satisfactory proof that he was so engaged prior to such time. (Source: P.A. 77‑1626.) |
(225 ILCS 345/12) (from Ch. 111, par. 7113) (Section scheduled to be repealed on January 1, 2012) Sec. 12. License renewal. All licenses issued under this Act shall expire on January 31, next following the date of issuance, except that a license issued after October 31 and before January 31 shall expire on January 31 next occurring after the license has been in effect for one year. A license may be renewed for an ensuing license year without examination by making application therefor and paying the prescribed fee at least 30 days prior to the expiration date of the current license and such application shall extend the period of validity of the current license until a new license is received or the Department refuses to issue a new license under the provisions of this Act. A license issued under this Act which has expired may be reinstated immediately upon payment of the reinstatement fee, provided, however, not more than 3 years have elapsed since the date of expiration. A license which has expired for more than 3 years may be restored only by payment of the restoration fee and submitting evidence satisfactory to the Department of the current qualifications and fitness of the registrant, and by successfully passing the examination for a Water Well Contractor, Water Well Pump Installation Contractor, or Water Well and Pump Installation Contractor's License. Beginning January 1, 2000, a contractor seeking a renewal license under this Act shall provide substantial evidence that he or she has attended at least one continuing education session in the preceding 2 years in order to qualify for a renewal license. (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 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.) |
(225 ILCS 345/14) (from Ch. 111, par. 7115) (Section scheduled to be repealed on January 1, 2012) Sec. 14. The licensee shall conspicuously display his license at his principal place of business. (Source: P. A. 77‑1626.) |
(225 ILCS 345/15) (from Ch. 111, par. 7116) (Section scheduled to be repealed on January 1, 2012) Sec. 15. The Department may refuse to issue or renew, may suspend or may revoke a license on any one or more of the following grounds: (1) Material misstatement in the application for license; (2) Failure to have or retain the qualifications required by Section 9 of this Act; (3) Wilful disregard or violation of this Act or of any rule or regulation promulgated by the Department pursuant thereto; or disregard or violation of any law of the state of Illinois or of any rule or regulation promulgated pursuant thereto relating to water well drilling or the installation of water pumps and equipment or any rule or regulation adopted pursuant thereto; (4) Wilfully aiding or abetting another in the violation of this Act or any rule or regulation promulgated by the Department pursuant thereto; (5) Incompetence in the performance of the work of a water well contractor or of a water well pump installation contractor; (6) Allowing the use of a license by someone other than the person in whose name it was issued; (7) Conviction of any crime an essential element of which is misstatement, fraud or dishonesty, conviction in this or another State of any crime which is a felony under the laws of this State or the conviction in a federal court of any felony. (8) Making substantial misrepresentations or false promises of a character likely to influence, persuade or induce in connection with the occupation of a water well contractor or a water well pump installation contractor. (Source: P. A. 77‑1626.) |
(225 ILCS 345/16) (from Ch. 111, par. 7117) (Section scheduled to be repealed on January 1, 2012) Sec. 16. The Department may upon its own motion and shall upon the verified complaint in writing of any person, setting forth facts which, if proved, would constitute grounds for refusal, suspension or revocation under this Act, investigate the actions of any applicant or any person or persons holding or claiming to hold a license. The Department shall, before refusing to issue or renew, and before suspension or revocation of a license, at least 10 days prior to the date set for the hearing, notify in writing the applicant for or holder of a license, hereinafter called the respondent, that a hearing will be held on the date designated to determine whether the respondent is privileged to hold such license, and shall afford the respondent an opportunity to be heard in person or by counsel with reference thereto. Such written notice may be served by delivery of the same personally to the respondent, or by mailing the same by registered or certified mail to the place of business last theretofore specified by the respondent in the last notification to the Department. At the time and place fixed in the notice, the Department shall proceed to hear the charges and both the respondent and the complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to any defense thereto. At such hearing, the Director or the person designated by the Director of the Department may administer oaths. (Source: P.A. 80‑670.) |
(225 ILCS 345/17) (from Ch. 111, par. 7118) (Section scheduled to be repealed on January 1, 2012) Sec. 17. The Department, over the signature of the Director, Assistant Director or the person designated by the Director, is authorized to subpoena and bring before the Department any person or persons in this State and to take testimony either orally or by deposition or by exhibit, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State. (Source: P.A. 83‑338.) |
(225 ILCS 345/18) (from Ch. 111, par. 7119) (Section scheduled to be repealed on January 1, 2012) Sec. 18. The Department, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all proceedings at the hearing of any case involving the refusal to issue or renew or the suspension or revocation of a license. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony and the orders of the Department shall be the record of such proceedings. The Department shall furnish a transcript of such record to any person or persons interested in such hearing upon payment therefor of one dollar per page for each original transcript and fifty cents per page for each carbon copy thereof ordered with the original. Provided, that the charge for any part of such transcript ordered and paid for previous to the writing of the original record thereof shall be fifty cents per page for each carbon copy. (Source: P.A. 77‑420.) |
(225 ILCS 345/19) (from Ch. 111, par. 7120) (Section scheduled to be repealed on January 1, 2012) Sec. 19. In any case involving the refusal to issue or renew or the suspension or revocation of license the Director of the Department after the hearing, or, if the respondent failed to appear, on the date set for the hearing, shall enter an order of suspension, revocation or refusal, as the case may require, or dismiss the case, a copy of which order shall be served upon the respondent by the Department, either personally or by registered or certified mail as provided in this Act for the service of the notice of hearing. Within 20 days after such service, the respondent may present to the Department a motion in writing for a re‑hearing, which written motion shall specify the particular grounds therefor. If no motion for re‑hearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial, the original order of the Director shall become final. No more than one rehearing shall be allowed. If the respondent shall order and pay for a transcript of the record within the time for filing a motion for rehearing, then the 20 day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent. (Source: Laws 1959, p. 1786.) |
(225 ILCS 345/20) (from Ch. 111, par. 7121) (Section scheduled to be repealed on January 1, 2012)
|