NY State Senate Bill 2017-S7954

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 13, 2018	referred to environmental conservation

2017-S7954 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§15-1501, 15-1502, 15-1525, 38-0107, 71-1115 & 71-1127, add §§15-1526 & 15-1530, En Con L; amd §§372 & 378, Exec L

2017-S7954 (ACTIVE) - Summary

Relates to the regulation of water well drillers and water wells.

2017-S7954 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7954

SPONSOR: O'MARA
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the regulation of water well drillers; and to amend the
executive law, in relation to water wells

 
PURPOSE:

The purpose of this bill is to amend and enhance statutory provisions
applicable to water well drillers.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would add a new subdivision 10 to ECL § 15-1501
to prohibit the use of drinking water for once-through heat exchange
cooling or heating systems unless such water remains in or is returned
to the public water supply system subject to Health Department approval
and conditions.

Section 2 of this bill would amend ECL § 15-1502 (3), (4), and (5) to

exclude shallow temporary dewatering wells from the definition of water
well, include installation and repair of pumps on the definition of
water well drilling, and adds new subdivisions 17 and 18 of ECL §
I5-1502 to add definitions for "flowing artesian wells" and "water well
decommissioning."

Section 3 of this bill would amend ECL § 15-1525 to reorganize the
subdivision to clarify the law, establish regulatory authority to estab-
lish a water well driller registration fee, require a 30-day limit for
the submission of water well completion reports, prohibit the advertise-
ment of well and pump services by unregistered companies, and clarify
the role of the code enforcement officer.

Section 4 would add a new section 15-1526 to the ECL to establish
requirements for the closure of abandoned wells.

Section 5 would add a new section 15-1530 to the ECL to establish
requirements for flowing artesian wells.

Section 6 of this bill would add a new paragraph e to subdivision 1 of
ECL § 38-0107 to prohibit the use of chlorofluorocarbon compounds in
installed systems.

Section 7 of this bill would amend ECL § 71-1115 to add sections
15-1526, 15-1530 and the certificate of registration provisions to the
civil penalty section as well as increase the civil penalty from $1,500
per violation to $1,500 per day per violation of the above mentioned
sections.

Section 8 of this bill would amend ECL § 71-1 127 (I) to include
"certificate of registration" in the violation provision.

Section 9 of this bill would amend Executive Law (EXC) § 372 (7) to
include "water wells" in the definition of equipment.

Section 10 of this bill would add a new paragraph 5-e to subdivision 5
of EXC § 372 to establish standards for the installation of water wells
and strengthen the oversight of code enforcement officers.
Section 11 of this bill provides for an immediate effective date and
provide that the amendments regarding the registration fee will take
effect upon promulgation of regulations by the department.

 
JUSTIFICATION:

This bill would provide DEC with needed oversight and enforcement
authority concerning water well construction, maintenance and decommis-
sioning, as well as oversight through the Executive Law of installation
of water wells by code officials for new water wells based on existing
or newly established state standards in the uniform building code.

The use of finished water from public water supplies for once-through
cooling or heating systems and subsequent disposal to a sewer system or
by some other means wastes the treated public water supply and the water
as a natural resource. It can also impose technical difficulties and
legal compliance problems for the owners and operators of municipal
public water supply treatment and distribution systems, and ultimately
the relevant wastewater treatment systems.  This usage of public water
supplies is also at odds with the state's current Long Island sustaina-
bility study.

This bill would provide several enhancements to the water well drilling
law. First, it would prohibit unregistered contractors from advertising
or offering water well drilling services in order to protect the integ-
rity and authority of the program, enhance transparency, and allow DEC
to pursue appropriate enforcement for violations as a deterrent. Second,
it would establish a timeframe to submit the required completion report
for each water well drilled. That timeframe is currently unspecified and
therefore left open to interpretation and difficult to enforce. Third,
it would establish regulatory authority for the registration fee, as
current fees are not sufficient to cover the costs of administering the
program. The fee has remained at $10 since 1999. Fourth, it would
expressly authorize DEC to deny an application for annual registration
based on incomplete information or past violations. Fifth, it would
provide needed clarification that the on-site supervisor must be certi-
fied for the method of drilling that is occurring. Finally, it would
expressly authorize code enforcement officers to request a completion
report concerning a drilled water well in addition to proof of the water
well driller's registration. This will assist the DEC in program
enforcement by adding additional responsible personnel, and will better
protect the well owner through additional oversight of well
construction.

The bill would also clarify the Department's authority to require the
decommissioning water wells which are not properly maintained and would
clarify DEC's authority to regulate over-flowing artesian water wells.
These wells flood neighboring property or roads causing property damage
especially under freezing conditions. They may also carry silt and sedi-
ment causing water quality problems to streams and rivers. In extreme
cases this can lead to surface subsidence.  Flowing artesian wells also
represent a waste of the State's water resources.

The use of chlorofluorocarbons, including freon, in subsurface heating
and cooling systems present a largely unaddressed concern regarding
aquifer contamination from failing systems, although such use is already
banned by Rockland County. This bill prohibits the use of chlorofluoro-
carbons in such systems.
Current law offers insufficient fines as a deterrent to noncompliance.
This bill would amend the penalty provisions of Article 71 of the ECL to
deter violations and the addition of a per day violation would encourage
violators to return to compliance more quickly.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7954 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7954
 
                             I N  S E N A T E
 
                              March 13, 2018
                                ___________
 
 Introduced  by  Sen. O'MARA -- (at request of the Department of Environ-
   mental Conservation) -- read  twice  and  ordered  printed,  and  when
   printed to be committed to the Committee on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   regulation of water well drillers; and to amend the executive law,  in
   relation to water wells

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 15-1501 of the environmental  conservation  law  is
 amended by adding a new subdivision 10 to read as follows:
   10.  BEGINNING  JANUARY  FIRST, TWO THOUSAND EIGHTEEN, NO PUBLIC WATER
 SUPPLY WATER WITHDRAWAL PERMITTEE SHALL SELL OR  OTHERWISE  PROVIDE,  OR
 ALLOW  ANY  PERSON  TO USE POTABLE WATER FOR THE PURPOSE OF ONCE-THROUGH
 HEAT EXCHANGE COOLING OR HEATING SYSTEMS UNLESS SUCH WATER REMAINS IN OR
 IS RETURNED TO THE PUBLIC WATER SUPPLY  SUBJECT  TO  THE  DEPARTMENT  OF
 HEALTH APPROVAL AND CONDITIONS.
   §  2. Subdivisions 3, 4, and 5 of section 15-1502 of the environmental
 conservation law, subdivisions 3 and 5 as amended by section 1 of part F
 of chapter 59 of the laws of 2006 and subdivision 4 as added by  chapter
 395  of the laws of 1999, are amended and two new subdivisions 17 and 18
 are added to read as follows:
   3. "Water well" shall mean any groundwater excavation for the  purpose
 of  obtaining  OR WITHDRAWING water BUT SHALL NOT INCLUDE THE FOLLOWING:
 TEMPORARY DEWATERING WELLS LESS THAN FIFTY FEET DEEP, REMOVED AND DECOM-
 MISSIONED WITHIN ONE HUNDRED EIGHTY DAYS OF  INSTALLATION;  WELLS  REGU-
 LATED  PURSUANT TO ARTICLE TWENTY THREE OF THIS CHAPTER; AND MONITORING,
 DRIVEN, OR DIRECT PUSH WELLS LESS THAN FIFTY FEET  DEEP  AND  LESS  THAN
 THREE INCHES IN DIAMETER.
   4.  "Water  well  drilling"  or "water well drilling activities" shall
 mean the construction and reconstruction of water wells, the  establish-
 ment or repair of a connection through the well casing and the repair of
 water wells including repairs, OR INSTALLATION OR REPAIR OF PUMPS, which
 require the opening of the well casing.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14396-01-8

 S. 7954                             2
 
   5.  "Water  well driller" shall mean a person who, for compensation or
 as part of property development and sale, engages, ADVERTISES, OR OFFERS
 FOR SALE SERVICES in water well drilling activities; provided,  however,
 that,  for the purposes of this subdivision, the term "person" shall not
 include  a public corporation, political subdivision, government agency,
 department, or bureau of the state or a municipality.
   17. "FLOWING ARTESIAN WELL" SHALL MEAN A WATER WELL IN WHICH THE PRES-
 SURE IN THE AQUIFER IS  SUFFICIENT  TO  CONTINUOUSLY  OR  INTERMITTENTLY
 FORCE  WATER  OUT  OF THE WELL AT THE GROUND SURFACE WITHOUT REQUIRING A
 PUMP.
   18. "WATER WELL DECOMMISSIONING" SHALL MEAN PERMANENT CLOSURE SO THAT:
 THE WELL CASING AT THE SURFACE NO LONGER EXISTS; THE FORMER DRILLED HOLE
 NO LONGER SERVES AS A CONDUIT  FOR  MOVEMENT  OF  GROUNDWATER;  LOSS  OF
 HYDROLOGIC  PRESSURE  IS NOT ALLOWED IN CONFINED FORMATIONS; GROUNDWATER
 OF DIFFERING QUALITY IS NOT ALLOWED TO INTERMINGLE;  AND  THE  ENTRY  OR
 DISCHARGE  OF  CONTAMINATED  AND POLLUTED WATER, INCLUDING SURFACE WATER
 RUNOFF AND SURFACE EROSION, IS PRECLUDED.
   § 3. Section  15-1525  of  the  environmental  conservation  law,  the
 section  heading and subdivision 1 as amended and subdivision 6 as added
 by chapter 395 of the laws of 1999 and subdivisions 3 and 5  as  amended
 by  section 2 of part F of chapter 59 of the laws of 2006, is amended to
 read as follows:
 § 15-1525. Water well drillers in New York state to obtain  certificates
              of registration.
   1. No person shall engage in, ADVERTISE, OR OFFER FOR SALE SERVICES IN
 the  business  of  water  well drilling in the state of New York without
 first obtaining [a] AN  ANNUAL  certificate  of  registration  from  the
 department  as  hereinafter provided.   All water well drilling shall be
 performed in accordance with the rules and  regulations  promulgated  by
 the  commissioner  of health pursuant to subdivision eighteen of section
 two hundred six of the public health law.  THE DEPARTMENT MAY PROMULGATE
 REGULATIONS TO IMPLEMENT A  PROGRAM  FOR  WATER  WELL  DRILLING,  ANNUAL
 REGISTRATION,  AND  REPORTING, AND FOR WATER WELL MAINTENANCE AND DECOM-
 MISSIONING, IN ACCORDANCE WITH THIS ARTICLE.
   2. A. Application for [a] AN ANNUAL certificate of registration  shall
 be  made upon a form prescribed and furnished by the department [provid-
 ing], WHEREON THE  APPLICANT  SHALL  PROVIDE  such  information  as  the
 department deems necessary for the purposes of issuance of a certificate
 of registration.  SUCH APPLICATION INFORMATION SHALL INCLUDE, BUT NOT BE
 LIMITED  TO,  A  STATEMENT AS TO ALL PERSONS WHO WILL BE RESPONSIBLE FOR
 THE ON-SITE SUPERVISION OF WATER WELL DRILLING ACTIVITIES, AND  EVIDENCE
 THAT  ALL  SUCH  PERSONS  HAVE  PASSED,  WITH AT LEAST A SEVENTY PERCENT
 SCORE, A TWO-PART CERTIFICATION EXAM, FOR THE SPECIFIED METHOD OR  METH-
 ODS  OF  DRILLING TO BE SUPERVISED, BY THE NATIONAL GROUND WATER ASSOCI-
 ATION OR AN EQUIVALENT EXAM OFFERED OR  APPROVED  BY  THE  COMMISSIONER.
 SUCH  APPLICATION  INFORMATION  SHALL  INCLUDE, BUT NOT BE LIMITED TO, A
 STATEMENT AS TO ALL PERSONS WHO WILL  BE  RESPONSIBLE  FOR  THE  ON-SITE
 SUPERVISION  OF THE REPAIR OR INSTALLATION OF WATER PUMPS, REQUIRING THE
 OPENING OF THE WELL CASING, AND EVIDENCE  THAT  ALL  SUCH  PERSONS  HAVE
 PASSED,  WITH  AT  LEAST  A  SEVENTY PERCENT SCORE, A CERTIFICATION EXAM
 DEVELOPED BY THE NATIONAL GROUND WATER ASSOCIATION OR THE WATER  SYSTEMS
 COUNCIL, OR AN EQUIVALENT EXAM OFFERED OR APPROVED BY THE COMMISSIONER.
   B. THE BUSINESS ACTIVITIES AUTHORIZED BY A WELL DRILLER CERTIFICATE OF
 REGISTRATION  ARE  SUBJECT  TO THE PROVISIONS OF ARTICLE THIRTY-SIX-A OF
 THE GENERAL BUSINESS LAW WHICH, IN  PART,  REQUIRE  A  WRITTEN  CONTRACT
 BETWEEN A WATER WELL DRILLER AND CUSTOMER.

 S. 7954                             3
 
   3. [The certificate of registration shall require that, before] BEFORE
 the  commencement of drilling of any WATER well [or wells, the], A water
 well driller shall file a preliminary notice with  the  department[;  it
 shall also provide that upon] USING A FORM PROVIDED BY THE DEPARTMENT.
   4. UPON the completion of the drilling of any water well [or], A water
 [wells,]  WELL  DRILLER SHALL PREPARE a completion report [be filed with
 the department, giving] AND FILE THE COMPLETION REPORT WITH THE  DEPART-
 MENT WITHIN THIRTY DAYS OF THE COMPLETION OF THE DRILLING OF THE WELL. A
 WATER  WELL  DRILLER  SHALL  INCLUDE  THE  FOLLOWING  INFORMATION IN THE
 COMPLETION REPORT: the log of the well, the size and depth thereof,  the
 capacity  of  the  pump or pumps attached or to be attached thereto, and
 such other information pertaining to the withdrawal of water and  opera-
 tion of such water well [or water wells] as the department [by its rules
 and  regulations]  may  require.  The water well driller shall provide a
 copy of such completion report to the water well owner.  The  number  of
 the  certificate  of registration must be displayed on the well drilling
 machinery of the registrant. [The certificate of registration shall also
 contain a notice to the certificate holder that the business  activities
 authorized  by such certificate are subject to the provisions of article
 thirty-six-A of the general business  law.]  The  fee  for  such  ANNUAL
 certificate  of registration shall be [ten dollars annually] ESTABLISHED
 BY REGULATION PROMULGATED BY THE  DEPARTMENT.  THE  WATER  WELL  DRILLER
 SHALL  ALSO  PRODUCE  A COPY OF THE COMPLETION REPORT UPON DEMAND OF THE
 DEPARTMENT AND, OR INCLUDING AN ENFORCEMENT OFFICER.  The [commissioner]
 DEPARTMENT shall [promulgate] PROVIDE a  water  well  completion  report
 form  which  shall  be utilized by all water well drillers in satisfying
 the requirements of this section and any other  provision  of  state  or
 local  law  which  requires  the  submission  of a water well completion
 report or water well log.
   [4.] 5. The department may DENY AN APPLICATION FOR  A  CERTIFICATE  OF
 REGISTRATION OR revoke [any] A certificate of registration for violation
 of  any of the provisions of this section, or violation of rules made by
 the department pertaining thereto. [A] AN APPLICATION FOR A  CERTIFICATE
 OF  REGISTRATION  MAY  BE DENIED OR A certificate of registration may be
 revoked by the department regardless of  the  criminal  provisions  with
 regard to this section found in section 71-1115.
   [5.]  6.  a. On and after January first, two thousand three, any indi-
 vidual who is responsible for the  on-site  supervision  of  water  well
 drilling  activities  must  have passed, with at least a seventy percent
 score, a two-part certification exam by the national ground water  asso-
 ciation  or  an equivalent exam offered or approved by the commissioner.
 Evidence of having passed such exam shall  be  provided  by  the  person
 responsible  for  the  on-site supervision of water well drilling activ-
 ities upon demand of THE DEPARTMENT OR any enforcement officer.
   b. Notwithstanding the provisions of paragraph a of  this  subdivision
 any  individual,  who  is responsible for the on-site supervision of the
 repair or installation of water pumps, requiring the opening of the well
 casing, must have passed, with at  least  a  seventy  percent  score,  a
 certification exam developed by the national ground water association or
 the  water systems council, or an equivalent exam offered or approved by
 the commissioner. Evidence of having passed such exam shall be  provided
 by  the  person responsible for the on-site supervision of the repair or
 installation of water pumps, requiring the opening of the  well  casing,
 upon demand of THE DEPARTMENT OR any enforcement officer.
   [6.]  7.  Except as otherwise provided by law, nothing in this section
 shall be deemed to preempt any provision of local law which requires the

 S. 7954                             4
 
 license or registration of water well drillers or which otherwise  regu-
 lates  the practice of water well drilling, provided that the provisions
 of such local law are at least as comprehensive  as  the  provisions  of
 this section.
   §  4.  The  environmental  conservation law is amended by adding a new
 section 15-1526 to read as follows:
 § 15-1526. WATER WELL PROTECTION AND DECOMMISSIONING.
   1. ANY OWNER OF A WATER WELL MUST AT  ALL  TIMES  EITHER  MAINTAIN  OR
 DECOMMISSION THE WATER WELL IN ACCORDANCE WITH THIS TITLE.
   2.  A  WATER WELL THAT HAS NOT BEEN DECOMMISSIONED MUST HAVE A PROTEC-
 TIVE CASING AND A SECURED, LOCKED WELL CAP IN GOOD CONDITION OR A  STEEL
 COVER  WELDED  IN  PLACE.  THE WATER WELL MUST BE MAINTAINED IN A WAY TO
 PREVENT SURFACE WATER, OTHER LIQUIDS, SEDIMENT, DEBRIS OR MATERIALS FROM
 ENTERING THE CASING.
   3. THE OWNER OF A WATER WELL THAT HAS BEEN DEEMED A HEALTH  OR  SAFETY
 HAZARD  BY  A  STATE OR LOCAL GOVERNMENT DEPARTMENT, AGENCY OR AUTHORITY
 WITH JURISDICTION, SHALL, WITHIN NINETY DAYS OF THE ISSUANCE OF  WRITTEN
 NOTICE  THEREOF,  COMPLETE  THE  DECOMMISSIONING  OF  THE  WATER WELL IN
 ACCORDANCE WITH STATE HEALTH DEPARTMENT STANDARDS OR AS  THE  DEPARTMENT
 MAY REQUIRE.
   4.  THE  DECOMMISSIONING  OF A WATER WELL SHALL ONLY BE PERFORMED BY A
 WATER WELL DRILLER WITH A VALID ANNUAL CERTIFICATE  OF  REGISTRATION.  A
 WATER  WELL  DRILLER  WHO DECOMMISSIONS A WATER WELL SHALL FILE WITH THE
 DEPARTMENT A WATER WELL DECOMMISSIONING REPORT ON A FORM PROVIDED BY THE
 DEPARTMENT, AND PROVIDE A COPY TO THE WELL OWNER, WITHIN THIRTY DAYS  OF
 COMPLETION OF THE DECOMMISSIONING. THE WATER WELL DECOMMISSIONING REPORT
 SHALL  DESCRIBE  AND  PROVIDE  THE: LOCATION OF THE WELL, BOTH BY STREET
 ADDRESS AND GPS COORDINATES; SIZE AND DEPTH OF THE WELL; LEGAL NAME  AND
 ADDRESS  OF  THE  OWNER  OF  THE  WATER  WELL; EQUIPMENT, MATERIALS, AND
 DEBRIS, REMOVED FROM THE  WELL;  REMAINING  OBSTRUCTIONS;  DISINFECTION;
 GROUT MATERIAL, AMOUNT, AND PLACEMENT METHOD; A STATEMENT DESCRIBING THE
 CASING  OR  CASINGS; METHOD OF PERMANENT CAPPING; AND ANY OTHER INFORMA-
 TION REQUIRED BY THE DEPARTMENT.
   § 5. The environmental conservation law is amended  by  adding  a  new
 section 15-1530 to read as follows:
 § 15-1530. FLOWING ARTESIAN WELLS.
   A  WATER WELL SHALL BE ADEQUATELY CONTROLLED SO THAT IT IS NOT A FLOW-
 ING ARTESIAN WELL THAT DISCHARGES TO  THE  SURFACE  IN  AN  UNRESTRICTED
 MANNER EITHER BY OVER-TOPPING THE WELL CASING OR FLOWING BEYOND THE WELL
 CASING.  THIS  IS TO BE ACCOMPLISHED THROUGH THE UPWARD EXTENSION OF THE
 WELL CASING, USING WELL  DRILLING  INDUSTRY  ESTABLISHED  MECHANICAL  OR
 GROUTING  METHODS,  OR BY DECOMMISSIONING THE WELL. A WATER WELL DRILLER
 SHALL ENSURE THAT A NEW WATER WELL IS ADEQUATELY CONTROLLED. AN OWNER OF
 A WATER WELL MAY NOT MAINTAIN  A  WATER  WELL  THAT  IS  NOT  ADEQUATELY
 CONTROLLED.
   §  6.  Subdivision 1 of section 38-0107 of the environmental conserva-
 tion law is amended by adding a new paragraph (e) to read as follows:
   (E) ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, NO  PORTION  OF
 ANY  SYSTEM  INSTALLED BELOW GROUND SURFACE SHALL CONTAIN OR MAKE USE OF
 CHLOROFLUOROCARBON COMPOUNDS EXCLUDING ACTIVITIES REGULATED PURSUANT  TO
 ARTICLE TWENTY-THREE OF THIS CHAPTER.
   § 7. Section 71-1115 of the environmental conservation law, as amended
 by chapter 640 of the laws of 1977, is amended to read as follows:
 § 71-1115. Enforcement of section 15-1525.
   Any  person  violating  the  provisions  of  section 15-1525, 15-1526,
 15-1530, OR A PROVISION IN A CERTIFICATE OF REGISTRATION shall be guilty

 S. 7954                             5
 
 of a violation punishable by a  fine  of  not  more  than  one  thousand
 dollars, and in addition thereto, shall be liable for a civil penalty of
 not  more  than  fifteen  hundred dollars FOR EACH DAY DURING WHICH SUCH
 VIOLATION CONTINUES.
   §  8.  Subdivision 1 of section 71-1127 of the environmental conserva-
 tion law, as amended by chapter 401 of the laws of 2011, is  amended  to
 read as follows:
   1.  Any  person who violates any of the provisions of, or who fails to
 perform any duty imposed by article 15 except section  15-1713,  or  who
 violates or who fails to comply with any rule, regulation, determination
 or  order of the department heretofore or hereafter promulgated pursuant
 to article 15 except section 15-1713, or any condition of  a  permit  OR
 CERTIFICATE  OF REGISTRATION issued pursuant to article 15 of this chap-
 ter, or any determination or order of the former water resources commis-
 sion or the department heretofore promulgated pursuant to former article
 5 of the Conservation Law, shall be liable for a civil  penalty  of  not
 more  than  two  thousand five hundred dollars for such violation and an
 additional civil penalty of not more than five hundred dollars for  each
 day  during  which  such  violation continues, and, in addition thereto,
 such person may be enjoined from continuing such violation as  otherwise
 provided in article 15 except section 15-1713.
   §  9. Subdivision 7 of section 372 of the executive law, as amended by
 chapter 309 of the laws of 1996, is amended to read as follows:
   7. "Equipment" means plumbing, heating, electrical,  ventilating,  air
 conditioning,  refrigerating equipment, elevators, dumb waiters, escala-
 tors, WATER WELLS and other mechanical additions or installations.
   § 10. Section 378 of the executive law is  amended  by  adding  a  new
 subdivision 5-e to read as follows:
   5-E. STANDARDS FOR INSTALLATION OF WATER WELLS:
   A. PRIOR TO THE INSTALLATION OF ANY WATER WELL AT ANY DWELLING USED AS
 A  RESIDENCE, THE OWNER THEREOF, OR HIS OR HER AGENT, SHALL FIRST SECURE
 A BUILDING PERMIT FROM THE APPROPRIATE LOCAL GOVERNMENT OFFICIAL;
   B. AN APPROPRIATE AND QUALIFIED INSPECTOR, AS DETERMINED BY THE  LOCAL
 GOVERNMENT,  SHALL  CAUSE AN INSPECTION TO BE MADE OF THE WATER WELL AND
 WATER QUALITY AT  A  TIME  WHEN  SUCH  INSPECTION  WILL  BEST  DETERMINE
 CONFORMITY  OF SUCH INSTALLATION WITH THE UNIFORM CODE, PROVIDED, HOWEV-
 ER, THAT THE LOCAL GOVERNMENT OFFICIAL MAY  WAIVE  SUCH  INSPECTION  FOR
 GOOD CAUSE SHOWN;
   C.  UPON  APPROVAL OF SUCH INSTALLATION, THE APPROPRIATE LOCAL GOVERN-
 MENT OFFICIAL SHALL ISSUE A CERTIFICATE EVIDENCING COMPLIANCE  WITH  THE
 APPROPRIATE PROVISIONS OF THE UNIFORM CODE;
   D.  NO  OWNER  OF  ANY  DWELLING USED AS A RESIDENCE SHALL OPERATE, OR
 CAUSE TO BE OPERATED, ANY WATER WELL, UNTIL SUCH INSTALLATION  HAS  BEEN
 APPROVED  AND  A  CERTIFICATE INDICATING SUCH APPROVAL OBTAINED FROM THE
 APPROPRIATE LOCAL GOVERNMENT OFFICIAL;
   E. THE ISSUANCE OF SUCH CERTIFICATE OF COMPLIANCE SHALL NOT BE  DEEMED
 TO  GIVE  RISE  TO  ANY CLAIM OR CAUSE OF ACTION FOR DAMAGES AGAINST THE
 LOCAL GOVERNMENT OR LOCAL OFFICIAL FOR DAMAGES RESULTING FROM  OPERATION
 OR USE OF SUCH WATER WELL; AND
   F.  THE  LOCAL GOVERNMENT IN WHICH SUCH PROPERTY IS LOCATED MAY ESTAB-
 LISH AND COLLECT A REASONABLE FEE FOR SUCH INSPECTION FROM THE OWNER  OF
 SUCH PROPERTY OR HIS OR HER AGENT;
   G.  ANY  VIOLATION OF THIS SUBDIVISION SHALL BE DEEMED A VIOLATION AND
 BE PUNISHABLE BY A FINE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS;
   H. NOTWITHSTANDING THE FOREGOING PROVISIONS OF  THIS  SUBDIVISION,  IN
 THE  EVENT  OF AN EMERGENCY, WHERE A DELAY OCCASIONED BY THE REQUIREMENT

 S. 7954                             6
 
 OF SECURING A BUILDING PERMIT COULD  REASONABLY  BE  EXPECTED  TO  CAUSE
 IRREPARABLE  DAMAGE TO THE PROPERTY, HARDSHIP OR SERIOUS PERSONAL INJURY
 TO THE OCCUPANTS OR OTHER PERSON, THE OWNER OR  HIS  OR  HER  AGENT  MAY
 COMMENCE  SUCH INSTALLATION WITHOUT FIRST OBTAINING SUCH BUILDING PERMIT
 PROVIDED APPLICATION THEREFORE IS FILED WITHIN THREE BUSINESS DAYS AFTER
 SUCH WORK IS COMMENCED.
   § 11. This act shall take effect immediately, provided,  however,  the
 amendments  to  subdivision four of section 15-1525 of the environmental
 conservation law made by section three of this act  regarding  registra-
 tion  fees  shall  be  deemed to be in effect upon promulgation of regu-
 lations by the department.

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Senate Bill S7954

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2017-S7954 (ACTIVE) - Details

2017-S7954 (ACTIVE) - Summary

2017-S7954 (ACTIVE) - Sponsor Memo

2017-S7954 (ACTIVE) - Bill Text download pdf

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Senate Bill S7954

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2017-S7954 (ACTIVE) - Details

2017-S7954 (ACTIVE) - Summary

2017-S7954 (ACTIVE) - Sponsor Memo

2017-S7954 (ACTIVE) - Bill Text download pdf

Comments