What's happening
This bill strengthens the regulation, maintenance, decommissioning, and inspection of water wells and well drillers in New York State.
Why it matters
Tightens qualifications and oversight for well drillers. The bill requires annual registration and certification exams for all individuals supervising water well drilling and pump installation, raising the professional competency standards and allowing for better enforcement against unqualified operators.
Mandates comprehensive record-keeping and reporting. Water well drillers must submit detailed notices, completion reports, and decommissioning reports to the state, including technical and ownership information, which enhances government tracking of groundwater use and well safety.
Establishes clear requirements for well maintenance and closure. Well owners must either maintain wells with secure casings/caps or ensure proper professional decommissioning, reducing risks of contamination, groundwater loss, and accidents from abandoned or improperly maintained wells.
Expands local government roles and public protection. The bill requires permits, inspections, and certificates of compliance for residential water wells, giving local governments new oversight authority and ensuring wells meet health and safety standards before use, while also setting penalties for violations.
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Who cares
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Regulate Water Well Drillers
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to environmental conservation
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7954
IN SENATE
March 13, 2018
Introduced by Sen. O'MARA -- (at request of the Department of Environmental 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 Assembly, 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 decommissioned within one hundred eighty days of installation; wells regulated 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 establishment 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 pressure 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 decommissioning, 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 [providing], 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 methods of drilling to be supervised, by the national ground water association 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 department 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 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 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 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 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 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.
§ 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 protective 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 information 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 flowing 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 conservation 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 conservation law, as amended by chapter 401 of the laws of 2011, is amended to read as follows:
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Read the full memo (991 words)
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.
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