Illinois Compiled Statutes
Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
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(Section scheduled to be repealed on January 1, 2027)
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(Section scheduled to be repealed on January 1, 2027)
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(Section scheduled to be repealed on January 1, 2027)
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, piping in the bore hole, heat exchange fluid, 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. 97-363, eff. 8-15-11; 98-951, eff. 8-15-14.)
 
(225 ILCS 345/2.5) (from Ch. 111, par. 7103.5)
(Section scheduled to be repealed on January 1, 2027)
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, 2027)
Sec. 3.

This Act shall not apply:
(Source: P.A. 81-791.)
 
(225 ILCS 345/4) (from Ch. 111, par. 7105)
(Section scheduled to be repealed on January 1, 2027)
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, 2027)
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
members shall be licensed water well pump installation contractors, and
2 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:
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:
(Source: P.A. 97-363, eff. 8-15-11.)
 
(225 ILCS 345/7) (from Ch. 111, par. 7108)
(Section scheduled to be repealed on January 1, 2027)
Sec. 7.
Department duties.
The Department shall:
The Department shall maintain a record in the Springfield office showing
(1) the names and addresses of all registrants under this Act, (2) the
dates of issuance of the licenses, (3) the date and substance of the
charges set forth in any complaint for suspension or revocation of any
license, (4) the date and substance of all petitions for reinstatement of
licenses and (5) the final order on such complaints and petitions. Upon
written request the Department in its discretion shall make this
information available to any registrant under this Act.

(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, 2027)
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:
(Source: P.A. 77-1626.)
 
(225 ILCS 345/9) (from Ch. 111, par. 7110)
(Section scheduled to be repealed on January 1, 2027)
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:
Such licenses shall be serially numbered, shall be signed by the
Director and issued under the seal of the Department.

(Source: P.A. 101-541, eff. 8-23-19.)
 
(225 ILCS 345/10) (from Ch. 111, par. 7111)
(Section scheduled to be repealed on January 1, 2027)
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, 2027)
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, 2027)
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. 97-363, eff. 8-15-11.)
 
(225 ILCS 345/14) (from Ch. 111, par. 7115)
(Section scheduled to be repealed on January 1, 2027)
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, 2027)
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:
(Source: P.A. 100-286, eff. 1-1-18.)
 
(225 ILCS 345/15.1)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15.1. Applicant convictions.
(a) The Department shall not require an applicant to provide the following information and shall not consider the following criminal history records in connection with an application for licensure:
(b) The Department, upon a finding that an applicant for a license was previously convicted of any felony or a misdemeanor directly related to the practice of the profession, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if the prior conviction will impair the ability of the applicant to engage in the position for which a license is sought:
(c) If the Department refuses to issue a license to an applicant, then the Department shall notify the applicant of the denial in writing with the following included in the notice of denial:
(d) No later than May 1 of each year, the Department must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum:
(Source: P.A. 100-286, eff. 1-1-18.)
 
(225 ILCS 345/16) (from Ch. 111, par. 7117)
(Section scheduled to be repealed on January 1, 2027)
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, 2027)
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, 2027)
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, 2027)
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, 2027)
Sec. 20.

Any circuit court may, upon application
of the Director of the Department or of the applicant or licensee against whom
proceedings under this Act are pending, enter an order requiring the
attendance of witnesses and their testimony, and the production of
documents, papers, files, books and records in connection with any hearing
in any proceedings under this Act. The Court may compel obedience
to its order by proceedings for contempt.

(Source: P.A. 83-334.)
 
(225 ILCS 345/21) (from Ch. 111, par. 7122)
(Section scheduled to be repealed on January 1, 2027)
Sec. 21.

Any person affected by a final administrative decision of the
Department may have such decision reviewed judicially by the circuit court
of the county wherein such person resides. If the plaintiff in the review
proceedings is not a resident of this State, the venue shall be in Sangamon
County. The provisions of the Administrative Review Law, and all amendments
and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for the
judicial review of final administrative decisions of the Department
hereunder. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
The Department shall not be required to certify any record to the court
or file any answer in court or otherwise appear in any court in a Judicial
review proceeding, unless there is filed in the court with the complaint a
receipt from the Department acknowledging payment of the costs of
furnishing and certifying the record which costs shall be computed at the
rate of 20 cents per page of such record. Exhibit shall be certified
without cost. Failure on the part of the Plaintiff to file such receipt in
court shall be grounds for dismissal of the action.

(Source: P.A. 82-783.)
 
(225 ILCS 345/23) (from Ch. 111, par. 7124)
(Section scheduled to be repealed on January 1, 2027)
Sec. 23.

Upon the revocation or suspension of any license, the licensee
shall forthwith surrender the license to the Department, and if the
licensee fails to do so, the Department shall have the right to seize the
same.

(Source: Laws 1959, p. 1786.)
 
(225 ILCS 345/24) (from Ch. 111, par. 7125)
(Section scheduled to be repealed on January 1, 2027)
Sec. 24.

The Department may issue regulations, consistent with the
provisions of this Act, for the administration and enforcement thereof and
may prescribe forms which shall be used in connection therewith.

(Source: Laws 1959, p. 1786.)
 
(225 ILCS 345/25) (from Ch. 111, par. 7126)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25.

No action or counterclaim shall be maintained by any contractor in
any court in this state with respect to any agreement, work, labor or
materials for which a license is required by this Act or to recover the
agreed price or any compensation under any such agreement, or for any such
work, labor or materials for which a license is required by this Act
without alleging and proving that such contractor had a valid license at
the time of making such agreement and of supplying such labor, work or
materials.

(Source: Laws 1959, p. 1786.)
 
(225 ILCS 345/26) (from Ch. 111, par. 7127)
(Section scheduled to be repealed on January 1, 2027)
Sec. 26.

If any person has violated or is violating this
Act, the Director of the Department may, in the name of the people of the
State of Illinois, through the Attorney General of the State of Illinois,
or the State's Attorney of any county in the State of Illinois, apply, in
the circuit court, for an order enjoining such violation or for an order
enforcing compliance with this Act. Upon the filing of a verified complaint
in such court, the court, if satisfied
by affidavit or otherwise that such person has violated this Act,
may enter a temporary restraining order or preliminary
injunction, without notice or bond, enjoining such violation. The proceedings
shall thereafter be conducted as in other civil cases. If it is established
that such person has violated or is violating
this Act, the Court, may enter an order perpetually
enjoining such violation or enforcing compliance with this Act. In case of
violation of any order entered under this Section, the
Court may summarily try and punish the offender
for contempt of court. Proceedings under this Section shall be in addition
to, and not in lieu of, all other remedies and penalties provided by this Act.

(Source: P.A. 83-334.)
 
(225 ILCS 345/27) (from Ch. 111, par. 7128)
(Section scheduled to be repealed on January 1, 2027)
Sec. 27.

Whoever violates any provision of this Act shall be guilty of
a petty offense and shall be fined a sum not less than $100. Any fine imposed
shall be in addition to any other action that may be taken under this Act.
Each day that a violation continues shall constitute a separate offense.
The State's Attorney of the County in which the violation occurred, or the
Attorney General shall bring such actions in the name of the People of the
State of Illinois, or may, in addition to other remedies provided in this
Act, bring action for an injunction to restrain such violation.

(Source: P.A. 80-670.)
 
(225 ILCS 345/28) (from Ch. 111, par. 7129)
(Section scheduled to be repealed on January 1, 2027)
Sec. 28.

If, for any reason, any part of this Act is found to be
unconstitutional or invalid, such finding shall not affect the validity of
the remaining parts of the Act.

(Source: Laws 1959, p. 1786.)
 
(225 ILCS 345/29) (from Ch. 111, par. 7130)
(Section scheduled to be repealed on January 1, 2027)
Sec. 29.
Public Policy.
It is declared to be the public policy of this State, pursuant to
paragraphs (h) and (i) of Section 6 of Article VII of the Illinois
Constitution of 1970, that any power or function set forth in this Act to
be exercised by the State is an exclusive State power or function. Such
power or function shall not be exercised concurrently, either directly or
indirectly, by any unit of local government, including home rule units,
except as otherwise provided in this Act.

(Source: P.A. 78-1231.)

Structure Illinois Compiled Statutes