§ 15-1525. Water well drillers in New York state to obtain certificates

of registration.

1. No person shall engage in the business of water well drilling in
the state of New York without first obtaining a 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.

2. Application for a certificate of registration shall be made upon a
form prescribed and furnished by the department providing such
information as the department deems necessary for the purposes of
issuance of a certificate of registration.

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
information 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 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 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 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. The department may revoke any certificate of registration for
violation of any of the provisions of this section, or violation of
rules made by the department pertaining thereto. 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. 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, with at least a seventy percent score, a
two-part certification exam by the national ground water association 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 activities upon demand of
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 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 or which otherwise
regulates 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.