LBD09096-06-9
S. 6349 2
D. ANY OTHER ACTIVITY THAT REQUIRES the opening of the well casing,
WITH THE EXCEPTION OF ACTIVITIES CONSISTING SOLELY AND EXCLUSIVELY OF A
WATER LEVEL OR WATER WELL DEPTH MEASUREMENT CONDUCTED BY THE OWNER OR
OPERATOR OF A PUBLIC WATER SUPPLY WELL AND ACTIVITIES, OTHER THAN THOSE
DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION, CONDUCTED AT REMEDIATION
SITES OTHERWISE REGULATED BY STATE OR FEDERAL COURT ORDER OR AGENCY
AGREEMENT OR ORDER;
E. THE ON-SITE SUPERVISION OF ANY OF THE ACTIVITIES SET FORTH IN PARA-
GRAPHS A, B, C AND D OF THIS SUBDIVISION; OR
F. THE DISTRIBUTION TO ANYONE OR PLACEMENT BEFORE THE PUBLIC OF ANY OF
THE FOLLOWING, BY ANY MEANS, IN FURTHERANCE OF ANY OF THE ACTIVITIES SET
FORTH IN PARAGRAPHS A, B, C, AND D OF THIS SUBDIVISION: (I) AN OFFER OF
SERVICES FOR SALE; (II) AN ADVERTISEMENT OR MARKETING MATERIAL; (III) AN
INTERNET WEBSITE; OR (IV) A SOCIAL MEDIA PRESENCE OR OTHER INTERNET
PRESENCE.
5. "Water well [driller] CONTRACTOR" shall mean a person who, for
compensation, EMPLOYMENT or as part of property development and sale,
engages in water well [drilling] CONTRACTING activities; provided,
however, that, for the purposes of this subdivision, the term "person"
shall not include a public corporation, political subdivision, govern-
ment 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 SUCH THAT WATER DISCHARGES AT THE GROUND
SURFACE BY OVER-TOPPING OR FLOWING BEYOND THE WELL CASING WITHOUT USE OF
A PUMP.
18. "DEWATERING WELL" SHALL MEAN A WATER WELL INSTALLED TO LOCALLY
CONTROL GROUNDWATER LEVELS.
19. "WATER WELL DECOMMISSIONING" OR THE "DECOMMISSIONING OF A WATER
WELL" SHALL MEAN THE PERMANENT CLOSURE OF A WATER WELL SO THAT IT IS NOT
CAPABLE OF OBTAINING OR WITHDRAWING GROUNDWATER OR ACCESSING GROUNDWATER
FOR HEAT TRANSFER PURPOSES.
20. "GEOTHERMAL WELL" SHALL MEAN ANY EXCAVATION FOR OBTAINING, WITH-
DRAWING, OR ACCESSING GROUNDWATER FOR HEAT TRANSFER PURPOSES.
21. "WATER WELL EMERGENCY" SHALL MEAN A SITUATION IN WHICH AN IN-SER-
VICE POTABLE WATER WELL IS NO LONGER CAPABLE OF PRODUCING AN ADEQUATE
QUANTITY OF POTABLE WATER.
§ 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] CONTRACTORS in New York state to obtain
certificates of registration[.]; REQUIRED NOTICES AND
REPORTS.
1. No person shall engage in [the business of] water well [drilling]
CONTRACTING in the state of New York without first obtaining OR BEING
LISTED ON a certificate of registration from the department as herein-
after provided UNLESS SUPERVISED PURSUANT TO PARAGRAPH A OF SUBDIVISION
FIVE OF THIS SECTION. All water well [drilling] CONTRACTING 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 AND SUCH STANDARDS AS MAY BE
ESTABLISHED BY THE DEPARTMENT, AND PROVIDED FURTHER THAT THE
CONSTRUCTION OF A GEOTHERMAL WELL SHALL BE IN ACCORDANCE WITH BEST PRAC-
TICES APPLICABLE TO THE GEOTHERMAL WELL INDUSTRY. PURSUANT TO ARTICLE
S. 6349 3
THIRTY-SIX-A OF THE GENERAL BUSINESS LAW, WATER WELL CONTRACTING ACTIV-
ITIES SHALL ONLY BE PERFORMED IN ACCORDANCE WITH A CONTRACT BETWEEN A
WATER WELL CONTRACTOR AND CUSTOMER, EVIDENCED BY A WRITING SIGNED BY ALL
PARTIES TO THE CONTRACT.
2. Application for a certificate of registration shall be made upon a
form prescribed [and furnished] by the department providing such infor-
mation as the department deems necessary for the purposes of issuance of
a certificate of registration. A WATER WELL CONTRACTOR SHALL OBTAIN A
CERTIFICATE OF REGISTRATION THROUGH THE SUBMISSION TO AND APPROVAL BY
THE DEPARTMENT OF SUCH FORM, BECOME LISTED ON THE VALID REGISTRATION OF
ANOTHER WATER WELL CONTRACTOR THROUGH WHICH HE OR SHE IS EMPLOYED, OR
ELSE SHALL BE SUPERVISED ON-SITE THROUGHOUT THE PERFORMANCE OF ALL WATER
WELL CONTRACTING ACTIVITIES BY A DULY REGISTERED WATER WELL CONTRACTOR.
IN ORDER TO OBTAIN A CERTIFICATE OF REGISTRATION OR TO BE NAMED IN THE
CERTIFICATE OF REGISTRATION OF ANOTHER WATER WELL CONTRACTOR, EACH SUCH
WATER WELL CONTRACTOR MUST SATISFY THE EXAM REQUIREMENT SET FORTH IN
SUBDIVISION FIVE OF THIS SECTION. A CERTIFICATE OF REGISTRATION SHALL
EXPIRE TWO YEARS FROM THE DATE ISSUED BY THE DEPARTMENT, AND THE FEE FOR
A CERTIFICATE OF REGISTRATION SHALL BE THREE HUNDRED DOLLARS. A WATER
WELL CONTRACTOR'S REGISTRATION NUMBER AND THE CURRENT REGISTRATION PERI-
OD MUST BE DISPLAYED ON THE WELL DRILLING MACHINERY OF THE REGISTRANT AT
ALL TIMES IN THE FORM OF A DECAL FURNISHED BY THE DEPARTMENT. A WATER
WELL CONTRACTOR MUST PROVIDE PROOF OF A VALID REGISTRATION UPON DEMAND
OF ANY ENFORCEMENT OFFICER.
3. [The certificate of registration shall require that, before the
commencement of drilling of any well or wells, the water well driller
shall file a preliminary notice with the department; it shall also
provide that upon the completion of the drilling of any water well or
water wells, a completion report be filed with the department, giving
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 infor-
mation pertaining to the withdrawal of water and operation 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 regis-
tration must be displayed on the well drilling machinery of the regis-
trant. 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 certificate of registration shall
be ten dollars annually. The commissioner shall promulgate a water well
completion report form which shall be utilized by all water well dril-
lers 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.] A WATER WELL CONTRACTOR SHALL
SATISFY THE FOLLOWING NOTICE AND REPORTING REQUIREMENTS:
A. BEFORE COMMENCEMENT OF THE WATER WELL CONTRACTING ACTIVITIES
CONSISTING OF CONSTRUCTION, DEEPENING, OR DECOMMISSIONING OF A WATER
WELL OR THE INSTALLATION OR REPLACEMENT OF A WATER WELL PUMP, OR THE
ON-SITE SUPERVISION THEREOF, A WATER WELL CONTRACTOR SHALL PREPARE AND
SUBMIT A PRELIMINARY NOTICE TO THE DEPARTMENT UPON A FORM PRESCRIBED BY
THE DEPARTMENT. IN THE COUNTIES OF NASSAU, SUFFOLK, KINGS, AND QUEENS,
THESE WATER WELL CONTRACTING ACTIVITIES SHALL NOT COMMENCE UNLESS THE
DEPARTMENT APPROVES SUCH ACTIVITIES AS ARE SPECIFIED IN A PRELIMINARY
NOTICE AND HAS SO NOTIFIED THE WATER WELL CONTRACTOR IN WRITING OF THE
APPROVAL. WHEN THESE WATER WELL CONTRACTING ACTIVITIES OCCUR IN
S. 6349 4
RESPONSE TO A WATER WELL EMERGENCY ANYWHERE IN THE STATE, THE PRELIMI-
NARY NOTICE MUST BE SUBMITTED WITHIN THREE CALENDAR DAYS OF THE
COMMENCEMENT OF THE WATER WELL CONTRACTING ACTIVITY WITH A SIGNED STATE-
MENT DETAILING THE WATER WELL EMERGENCY.
B. WITHIN ONE HUNDRED TWENTY DAYS OF HAVING COMPLETED THE WATER WELL
CONTRACTING ACTIVITIES CONSISTING OF CONSTRUCTION OR DEEPENING OF A
WATER WELL OR THE INSTALLATION OR REPLACEMENT OF A WATER WELL PUMP, OR
THE ON-SITE SUPERVISION THEREOF, A WATER WELL CONTRACTOR SHALL SUBMIT TO
THE DEPARTMENT AND WATER WELL OWNER A WATER WELL COMPLETION REPORT UPON
A FORM PRESCRIBED BY THE DEPARTMENT. SUCH COMPLETION REPORT SHALL
INCLUDE THE LEGAL NAMES AND ADDRESSES OF THE OWNER OF THE WATER WELL AND
THE WATER WELL CONTRACTOR, THE WELL LOCATION BY BOTH STREET ADDRESS AND
GPS COORDINATES, THE LOG OF THE WELL, THE SIZE AND DEPTH OF THE WELL,
THE CAPACITY OF THE PUMP OR PUMPS ATTACHED TO THE WELL, AND ANY OTHER
INFORMATION AS SPECIFIED BY THE DEPARTMENT. FOR WATER WELL DECOMMISSION-
ING, A WATER WELL CONTRACTOR SHALL NOT BE REQUIRED TO SUBMIT SUCH
COMPLETION REPORT AND SHALL COMPLETE THE REPORTING REQUIREMENTS SET
FORTH IN SECTION 15-1526 OF THIS TITLE.
C. THE REPORTING REQUIREMENTS SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION SHALL NOT APPLY TO WATER WELL CONTRACTING ACTIVITIES INVOLV-
ING DEWATERING WELLS, UNLESS OTHERWISE SPECIFIED IN A WATER WITHDRAWAL
OR LONG ISLAND WELL PERMIT ISSUED BY THE DEPARTMENT PURSUANT TO SECTION
15-1501 OR 15-1527 OF THIS TITLE, OR WELLS AT REMEDIATION SITES OTHER-
WISE REGULATED BY STATE OR FEDERAL COURT ORDER OR AGENCY AGREEMENT OR
ORDER.
4. The department may revoke [any] A certificate of registration for
violation of any [of the provisions of] PROVISION IN this section, [or]
SECTION 15-1526, 15-1527, 15-1528, 15-1531, OR 38-0107 OF THIS CHAPTER,
FOR violation of [rules] ANY RULE OR REGULATION made by the department
pertaining thereto, VIOLATION OF A DECISION OR ORDER ISSUED BY THE
DEPARTMENT, OR FOR OBTAINING A CERTIFICATE OF REGISTRATION THROUGH
FRAUD, DECEIT, OR THE SUBMISSION OF FALSE INFORMATION. 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 OF THIS
CHAPTER.
5. a. [On and after January first, two thousand three, any individual
who is responsible for the on-site supervision of water well drilling
activities must have passed,]PRIOR TO ENGAGING IN WATER WELL CONTRACTING
ACTIVITIES, A WATER WELL CONTRACTOR SHALL EITHER SATISFY THE EXAM
REQUIREMENT SET FORTH IN THIS SUBDIVISION OR SHALL BE SUPERVISED ON-SITE
THROUGHOUT THE PERFORMANCE OF ANY WATER WELL CONTRACTING ACTIVITIES BY A
WATER WELL CONTRACTOR WHO HAS: (I) SATISFIED THE EXAM REQUIREMENT FOR
THE WATER WELL CONTRACTING ACTIVITIES BEING PERFORMED; AND (II)
OBTAINED, OR IS LISTED IN, A VALID CERTIFICATE OF REGISTRATION AS SET
FORTH IN SUBDIVISION TWO OF THIS SECTION. THE EXAM REQUIREMENT IS TO
PASS, with at least a seventy percent score[, a two-part certification
exam] THE FOLLOWING EXAMS AS OFFERED by the national ground water asso-
ciation or [an] equivalent [exam] EXAMS 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 drill-
ing activities upon demand of any enforcement officer.]:
I. FOR WATER WELL CONTRACTING ACTIVITIES INVOLVING THE CONSTRUCTION,
RECONSTRUCTION, DEEPENING, OR DECOMMISSIONING OF A WATER WELL, INCLUDING
AN OPEN LOOP GEOTHERMAL WELL, STANDING COLUMN GEOTHERMAL WELL, OR GEOTH-
ERMAL DIFFUSION WELL, OR THE ON-SITE SUPERVISION THEREOF: A GENERAL WELL
DRILLING EXAM AND A SPECIALTY WELL DRILLING EXAM;
S. 6349 5
II. FOR WATER WELL CONTRACTING ACTIVITIES INVOLVING THE INSTALLATION,
REPLACEMENT, MAINTENANCE, OR REPAIR OF A WATER WELL PUMP, OR THE ON-SITE
SUPERVISION THEREOF: A WATER SYSTEMS GENERAL EXAM AND A SPECIALTY PUMP
EXAM;
III. FOR WATER WELL CONTRACTING ACTIVITIES INVOLVING THE INSTALLATION,
RECONSTRUCTION, DEEPENING, OR DECOMMISSIONING OF A CLOSED LOOP GEOTHER-
MAL WELL, OR THE ON-SITE SUPERVISION THEREOF: A VERTICAL CLOSED LOOP
DRILLING EXAM; AND
IV. FOR ANY OTHER WATER WELL CONTRACTING ACTIVITIES, NOT OTHERWISE
SPECIFIED IN SUBPARAGRAPH I, II, OR III OF THIS PARAGRAPH: A GENERAL
WELL DRILLING EXAM AND A SPECIALTY WELL DRILLING EXAM, OR A WATER
SYSTEMS GENERAL EXAM AND A SPECIALTY PUMP EXAM.
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] DOCUMENTATION FROM THE NATIONAL GROUNDWATER
ASSOCIATION OR OTHER ISSUING AUTHORITY of having passed such exam shall
be provided by A WATER WELL CONTRACTOR, INCLUDING the person responsible
for the on-site supervision of [the repair or installation of water
pumps, requiring the opening of the well casing,] WATER WELL CONTRACTING
ACTIVITIES upon demand of any enforcement officer.
6. Except as otherwise provided by law, nothing in this section shall
be deemed to preempt any provision of local law which requires the
license or registration of water well [drillers] CONTRACTORS or which
otherwise regulates the practice of water well [drilling] CONTRACTING,
provided that the provisions of such local law are at least as compre-
hensive as the provisions of this section.
7. THE DEPARTMENT IS AUTHORIZED TO ADOPT OR AMEND REGULATIONS AS
NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION, PROVIDED HOWEVER
THAT THE DEPARTMENT SHALL ADOPT REGULATIONS ESTABLISHING A CONTINUING
EDUCATION REQUIREMENT AS A CONDITION TO MAINTAINING REGISTRATION TO
LAWFULLY ENGAGE IN WATER WELL CONTRACTING IN THE STATE OF NEW YORK. THE
DEPARTMENT MAY ESTABLISH EXEMPTIONS FROM NOTICE AND REPORTING REQUIRE-
MENTS IN ADDITION TO THOSE EXEMPTIONS SPECIFIED IN THIS SECTION.
8. THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO A WATER WELL
CONTRACTOR OR WATER WELL CONTRACTING ACTIVITIES OTHERWISE REGULATED
PURSUANT TO ARTICLE TWENTY-THREE OF THIS CHAPTER.
§ 4. The environmental conservation law is amended by adding a new
section 15-1526 to read as follows:
§ 15-1526. WATER WELL PROTECTION, MAINTENANCE, AND DECOMMISSIONING.
1. A PERSON WHO OWNS A WATER WELL SHALL PROTECT AND MAINTAIN THE WATER
WELL AT ALL TIMES OR DECOMMISSION THE WATER WELL IN ACCORDANCE WITH THIS
SECTION.
2. A. UPON THE COMPLETION OF ANY WATER WELL CONTRACTING ACTIVITIES
THAT REQUIRE THE OPENING OF THE WELL CASING, A WATER WELL CONTRACTOR
SHALL ENSURE THAT THE WATER WELL HAS A COMPETENT CASING AND EITHER A
SECURED, EFFECTIVE, VENTED, AND LOCKED WELL CAP IN GOOD CONDITION OR A
VENTED STEEL COVER WELDED IN PLACE.
B. A PERSON WHO OWNS A WATER WELL SHALL ENSURE THAT THE WATER WELL AT
ALL TIMES HAS A COMPETENT CASING AND EITHER A SECURED, EFFECTIVE, VENT-
ED, AND LOCKED WELL CAP IN GOOD CONDITION OR A VENTED STEEL COVER WELDED
IN PLACE. SUCH OWNER SHALL MAINTAIN THE WELL IN GOOD WORKING ORDER,
INCLUDING ITS CASING AND CAP, AND SHALL PREVENT SURFACE WATER, INCLUDING
S. 6349 6
STORMWATER, OTHER LIQUIDS, SEDIMENT, DEBRIS, VERMIN, OR MATERIALS FROM
ENTERING THE WELL CASING.
3. A. WATER WELL DECOMMISSIONING 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 AND SUCH STANDARDS AS MAY BE ESTABLISHED BY THE
DEPARTMENT.
B. A WATER WELL CONTRACTOR WHO DECOMMISSIONS A WATER WELL SHALL ENSURE
THAT THE DECOMMISSIONED WELL MEETS THE FOLLOWING STANDARDS:
I. THE WATER WELL IS NO LONGER CAPABLE OF OBTAINING OR WITHDRAWING
GROUNDWATER OR ACCESSING GROUNDWATER FOR HEAT TRANSFER PURPOSES;
II. THE WELL CASING IS CUT OFF AT LEAST TWENTY-FOUR INCHES BELOW GRADE
AND REMOVED;
III. THE REMAINING CASING IS FILLED WITH INDUSTRY-STANDARD SEALING
MATERIALS WITH A BEARING STRENGTH SUFFICIENT TO PREVENT SUBSIDENCE AND
SUPPORT TRAFFIC OR BUILDING LOADS;
IV. THE WATER WELL DOES NOT SERVE AS A CONDUIT FOR THE MOVEMENT OF
GROUNDWATER OR THE LOSS OF WATER PRESSURE FROM CONFINED GEOLOGIC FORMA-
TIONS;
V. GROUNDWATER OF DIFFERING QUALITY DOES NOT INTERMINGLE IN OR ALONG
THE CASING OF THE WELL;
VI. A POLLUTANT, CONTAMINATED OR POLLUTED GROUNDWATER OR SURFACE
WATER, OR SURFACE WATER RUNOFF DOES NOT ENTER OR DISCHARGE FROM THE
WELL; AND
VII. GROUND SURFACE EROSION DOES NOT OCCUR.
C. WITHIN ONE HUNDRED TWENTY DAYS OF HAVING COMPLETED THE DECOMMIS-
SIONING OF A WATER WELL, A WATER WELL CONTRACTOR SHALL PREPARE AND
SUBMIT TO THE DEPARTMENT A COMPLETE AND ACCURATE WATER WELL DECOMMIS-
SIONING REPORT UPON A FORM PRESCRIBED BY THE DEPARTMENT AND PROVIDE A
COPY OF THE REPORT TO THE OWNER OF THE DECOMMISSIONED WELL. SUCH REPORT
SHALL INCLUDE THE WELL LOCATION BY BOTH STREET ADDRESS AND GPS COORDI-
NATES, THE SIZE AND DEPTH OF THE WELL, THE LEGAL NAME AND ADDRESS OF THE
OWNER OF THE WATER WELL, THE EQUIPMENT, MATERIALS, AND DEBRIS REMOVED
FROM THE WELL, ANY REMAINING OBSTRUCTIONS, THE DISINFECTION PERFORMED,
THE TYPE, AMOUNT, AND PLACEMENT METHOD OF ANY GROUT MATERIAL USED, THE
METHOD OF PERMANENT CAPPING, THE NAMES AND REGISTRATION NUMBERS OF ALL
WATER WELL CONTRACTORS WHO PERFORMED THE WATER WELL DECOMMISSIONING AND
ANY ON-SITE SUPERVISORS THEREOF, A STATEMENT EXPLAINING HOW THE DECOM-
MISSIONING STANDARDS SET FORTH IN THIS SECTION WERE ACHIEVED, AND ANY
OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
D. A PERSON WHO OWNS A WATER WELL THAT HAS BEEN DEEMED A HEALTH, SAFE-
TY, OR ENVIRONMENTAL HAZARD BY A STATE OR LOCAL GOVERNMENT DEPARTMENT,
AGENCY, OR AUTHORITY SHALL DECOMMISSION THE WATER WELL WITHIN NINETY
DAYS OF THE ISSUANCE OF WRITTEN NOTICE THEREOF.
4. THE DEPARTMENT IS AUTHORIZED TO ADOPT OR AMEND REGULATIONS AS
NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
5. THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO A WATER WELL
CONTRACTOR OR WATER WELL CONTRACTING ACTIVITIES INVOLVING DEWATERING
WELLS, UNLESS OTHERWISE SPECIFIED IN A WATER WITHDRAWAL OR LONG ISLAND
WELL PERMIT ISSUED BY THE DEPARTMENT PURSUANT TO SECTION 15-1501 OR
15-1527 OF THIS TITLE, WELLS AT REMEDIATION SITES OTHERWISE REGULATED BY
STATE OR FEDERAL COURT ORDER OR AGENCY AGREEMENT OR ORDER, OR WELLS
OTHERWISE REGULATED PURSUANT TO ARTICLE TWENTY-THREE OF THIS CHAPTER.
§ 5. Subdivision 6 of section 15-1527 of the environmental conserva-
tion law, as amended by chapter 773 of the laws of 1986, is amended and
a new subdivision 8 is added to read as follows:
S. 6349 7
6. The provisions of this section shall not apply to the installation
[of] OR OPERATION OF THE FOLLOWING:
A. a fire well to which no pumping equipment is permanently attached
when such well is installed by a municipal corporation, fire district or
duly organized fire company or fire department[.]; OR
B. A CLOSED LOOP, STANDING COLUMN OR SIMILAR NON-EXTRACTIVE GEOTHERMAL
SYSTEM OR GEOTHERMAL DIFFUSION WELL.
8. THE DEPARTMENT IS AUTHORIZED TO ADOPT OR AMEND REGULATIONS AS
NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
§ 6. The environmental conservation law is amended by adding a new
section 15-1531 to read as follows:
§ 15-1531. FLOWING ARTESIAN WELLS.
1. TO PREVENT WATER WELL CONTRACTING ACTIVITIES FROM RESULTING IN A
FLOWING ARTESIAN WELL, A WATER WELL CONTRACTOR SHALL:
A. IMPLEMENT THE INDUSTRY BEST PRACTICES THAT PREVAIL AT THE TIME OF
THE ACTIVITIES FOR METHODS OF WELL DRILLING AND GROUTING;
B. MAKE ALL REASONABLE EFFORTS TO CONTROL A FLOWING ARTESIAN WELL SO
THAT THE WATER WELL DOES NOT DISCHARGE WATER TO THE GROUND SURFACE BY
OVER-TOPPING OR FLOWING BEYOND THE WELL CASING; AND
C. COMPLY WITH THE RULES AND REGULATIONS OF THE DEPARTMENT, AS MAY BE
PROMULGATED TO EFFECTUATE THE PURPOSES OF THIS SECTION, AND WITH THE
RULES AND REGULATIONS OF THE DEPARTMENT OF HEALTH PURSUANT TO SUBDIVI-
SION EIGHTEEN OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW.
2. IF A WATER WELL BECOMES A FLOWING ARTESIAN WELL DURING THE COURSE
OF WATER WELL CONTRACTING ACTIVITIES, A WATER WELL CONTRACTOR SHALL
PROMPTLY COMPLETE ONE OF THE FOLLOWING ACTIVITIES:
A. IMPLEMENT THE INDUSTRY BEST PRACTICES THAT PREVAIL AT THE TIME OF
THE ACTIVITIES TO CONTROL THE WATER WELL SO THAT OVER-TOPPING OR FLOWING
BEYOND THE WELL CASING NO LONGER OCCURS AT THAT WELL;
B. DECOMMISSION THE WATER WELL IN ACCORDANCE WITH SECTION 15-1526 OF
THIS TITLE; OR
C. OBTAIN A WRITTEN WAIVER FROM THE DEPARTMENT IN ACCORDANCE WITH
SUBDIVISION THREE OF THIS SECTION.
3. THE DEPARTMENT MAY WAIVE OR MODIFY THE CONTROL OR DECOMMISSIONING
REQUIREMENTS SET FORTH IN PARAGRAPHS A AND B OF SUBDIVISION TWO OF THIS
SECTION UPON A WRITTEN APPLICATION BY A WATER WELL CONTRACTOR OR A
PERSON WHO OWNS A WATER WELL TO THE DEPARTMENT THAT INCLUDES A CERTIFIED
STATEMENT FROM THE WATER WELL CONTRACTOR DESCRIBING THE MEASURES TAKEN
TOWARD, OR ALL CONDITIONS PROHIBITING, COMPLIANCE WITH PARAGRAPH A OR B
OF SUBDIVISION TWO OF THIS SECTION AND ANY EFFECTS OF THE WELL ON THE
SURROUNDING ENVIRONMENT.
4. THE DEPARTMENT IS AUTHORIZED TO ADOPT OR AMEND REGULATIONS AS
NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
5. THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO A WATER WELL
CONTRACTOR OR WATER WELL CONTRACTING ACTIVITIES OTHERWISE REGULATED
PURSUANT TO ARTICLE TWENTY-THREE OF THIS CHAPTER.
§ 7. 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 TWENTY-TWO, IT IS PROHIB-
ITED FOR THE BELOW GROUND PORTION OF ANY SYSTEM TO CONTAIN OR MAKE USE
OF CHLOROFLUOROCARBON COMPOUNDS. THIS PROHIBITION SHALL NOT APPLY TO A
WELL THAT IS REGULATED PURSUANT TO ARTICLE TWENTY-THREE OF THIS CHAPTER.
§ 8. 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] SECTIONS 15-1525, 15-1526, 15-1527,
AND 15-1531.
S. 6349 8
Any person [violating the provisions] WHO VIOLATES A PROVISION of
section 15-1525, 15-1526, 15-1527, OR 15-1531 OF THIS CHAPTER OR A
PROVISION IN A CERTIFICATE OF REGISTRATION shall be guilty 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 EACH AND EVERY
SUCH VIOLATION CONTINUES.
§ 9. 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] FIFTEEN except section 15-1713,
or who violates or who fails to comply with any rule, regulation, deter-
mination or order of the department heretofore or hereafter promulgated
pursuant to article [15] FIFTEEN except section 15-1713, or any condi-
tion of a permit OR CERTIFICATE OF REGISTRATION issued pursuant to arti-
cle [15] FIFTEEN of this chapter, or any determination or order of the
former water resources commission or the department heretofore promul-
gated 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 EACH AND EVERY such violation [and] WHERE EVERY VIOLATION
SHALL BE A SEPARATE AND DISTINCT OFFENSE, AND, IN THE CASE OF A CONTINU-
ING VIOLATION, FOR an additional civil penalty of not more than five
hundred dollars for each day during which EACH such SEPARATE AND
DISTINCT violation continues, and, in addition thereto, such person may
be enjoined from continuing EACH AND EVERY such violation as otherwise
provided in article [15] FIFTEEN except section 15-1713.
§ 10. This act shall take effect one year after it shall have become a
law. Effective immediately the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
date.