Bill Text: NY S06349 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the regulation of well water contractors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S06349 Detail]
Download: New_York-2019-S06349-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6349 2019-2020 Regular Sessions IN SENATE June 6, 2019 ___________ Introduced by Sen. KAMINSKY -- (at request of the Department of Environ- mental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the environmental conservation law, in relation to the regulation of water well contractors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 15-1501 of the environmental conservation law is 2 amended by adding a new subdivision 10 to read as follows: 3 10. Beginning January first, two thousand twenty-two, no person shall 4 use water from a public water supply system in or as part of a once- 5 through heat exchange cooling or heating system or supply water from a 6 public water supply system to another person for use in or as part of 7 such a once-through system. 8 § 2. Subdivisions 3, 4, and 5 of section 15-1502 of the environmental 9 conservation law, subdivisions 3 and 5 as amended by section 1 of part F 10 of chapter 59 of the laws of 2006 and subdivision 4 as added by chapter 11 395 of the laws of 1999, are amended and five new subdivisions 17, 18, 12 19, 20, and 21 are added to read as follows: 13 3. "Water well" or "well" shall mean any [groundwater] excavation for 14 the purpose of obtaining [water] or withdrawing groundwater or accessing 15 groundwater, including a geothermal well as defined in subdivision twen- 16 ty of this section. 17 4. "Water well [drilling] contracting" or "water well [drilling] 18 contracting activities" shall mean: 19 a. the construction [and], reconstruction, deepening, or decommission- 20 ing of a water [wells,] well; 21 b. the installation, replacement, maintenance, or repair of a water 22 well pump that requires the opening of the well casing; 23 c. the establishment or repair of a connection through the well casing 24 [and the repair of water wells including repairs which require]; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09096-06-9S. 6349 2 1 d. any other activity that requires the opening of the well casing, 2 with the exception of activities consisting solely and exclusively of a 3 water level or water well depth measurement conducted by the owner or 4 operator of a public water supply well and activities, other than those 5 described in paragraph a of this subdivision, conducted at remediation 6 sites otherwise regulated by state or federal court order or agency 7 agreement or order; 8 e. the on-site supervision of any of the activities set forth in para- 9 graphs a, b, c and d of this subdivision; or 10 f. the distribution to anyone or placement before the public of any of 11 the following, by any means, in furtherance of any of the activities set 12 forth in paragraphs a, b, c, and d of this subdivision: (i) an offer of 13 services for sale; (ii) an advertisement or marketing material; (iii) an 14 internet website; or (iv) a social media presence or other internet 15 presence. 16 5. "Water well [driller] contractor" shall mean a person who, for 17 compensation, employment or as part of property development and sale, 18 engages in water well [drilling] contracting activities; provided, 19 however, that, for the purposes of this subdivision, the term "person" 20 shall not include a public corporation, political subdivision, govern- 21 ment agency, department, or bureau of the state or a municipality. 22 17. "Flowing artesian well" shall mean a water well in which the pres- 23 sure in the aquifer is sufficient to continuously or intermittently 24 force water out of the well such that water discharges at the ground 25 surface by over-topping or flowing beyond the well casing without use of 26 a pump. 27 18. "Dewatering well" shall mean a water well installed to locally 28 control groundwater levels. 29 19. "Water well decommissioning" or the "decommissioning of a water 30 well" shall mean the permanent closure of a water well so that it is not 31 capable of obtaining or withdrawing groundwater or accessing groundwater 32 for heat transfer purposes. 33 20. "Geothermal well" shall mean any excavation for obtaining, with- 34 drawing, or accessing groundwater for heat transfer purposes. 35 21. "Water well emergency" shall mean a situation in which an in-ser- 36 vice potable water well is no longer capable of producing an adequate 37 quantity of potable water. 38 § 3. Section 15-1525 of the environmental conservation law, the 39 section heading and subdivision 1 as amended and subdivision 6 as added 40 by chapter 395 of the laws of 1999, and subdivisions 3 and 5 as amended 41 by section 2 of part F of chapter 59 of the laws of 2006, is amended to 42 read as follows: 43 § 15-1525. Water well [drillers] contractors in New York state to obtain 44 certificates of registration[.]; required notices and 45 reports. 46 1. No person shall engage in [the business of] water well [drilling] 47 contracting in the state of New York without first obtaining or being 48 listed on a certificate of registration from the department as herein- 49 after provided unless supervised pursuant to paragraph a of subdivision 50 five of this section. All water well [drilling] contracting shall be 51 performed in accordance with the rules and regulations promulgated by 52 the commissioner of health pursuant to subdivision eighteen of section 53 two hundred six of the public health law and such standards as may be 54 established by the department, and provided further that the 55 construction of a geothermal well shall be in accordance with best prac- 56 tices applicable to the geothermal well industry. Pursuant to articleS. 6349 3 1 thirty-six-A of the general business law, water well contracting activ- 2 ities shall only be performed in accordance with a contract between a 3 water well contractor and customer, evidenced by a writing signed by all 4 parties to the contract. 5 2. Application for a certificate of registration shall be made upon a 6 form prescribed [and furnished] by the department providing such infor- 7 mation as the department deems necessary for the purposes of issuance of 8 a certificate of registration. A water well contractor shall obtain a 9 certificate of registration through the submission to and approval by 10 the department of such form, become listed on the valid registration of 11 another water well contractor through which he or she is employed, or 12 else shall be supervised on-site throughout the performance of all water 13 well contracting activities by a duly registered water well contractor. 14 In order to obtain a certificate of registration or to be named in the 15 certificate of registration of another water well contractor, each such 16 water well contractor must satisfy the exam requirement set forth in 17 subdivision five of this section. A certificate of registration shall 18 expire two years from the date issued by the department, and the fee for 19 a certificate of registration shall be three hundred dollars. A water 20 well contractor's registration number and the current registration peri- 21 od must be displayed on the well drilling machinery of the registrant at 22 all times in the form of a decal furnished by the department. A water 23 well contractor must provide proof of a valid registration upon demand 24 of any enforcement officer. 25 3. [The certificate of registration shall require that, before the26commencement of drilling of any well or wells, the water well driller27shall file a preliminary notice with the department; it shall also28provide that upon the completion of the drilling of any water well or29water wells, a completion report be filed with the department, giving30the log of the well, the size and depth thereof, the capacity of the31pump or pumps attached or to be attached thereto, and such other infor-32mation pertaining to the withdrawal of water and operation of such water33well or water wells as the department by its rules and regulations may34require. The water well driller shall provide a copy of such completion35report to the water well owner. The number of the certificate of regis-36tration must be displayed on the well drilling machinery of the regis-37trant. The certificate of registration shall also contain a notice to38the certificate holder that the business activities authorized by such39certificate are subject to the provisions of article thirty-six-A of the40general business law. The fee for such certificate of registration shall41be ten dollars annually. The commissioner shall promulgate a water well42completion report form which shall be utilized by all water well dril-43lers in satisfying the requirements of this section and any other44provision of state or local law which requires the submission of a water45well completion report or water well log.] A water well contractor shall 46 satisfy the following notice and reporting requirements: 47 a. Before commencement of the water well contracting activities 48 consisting of construction, deepening, or decommissioning of a water 49 well or the installation or replacement of a water well pump, or the 50 on-site supervision thereof, a water well contractor shall prepare and 51 submit a preliminary notice to the department upon a form prescribed by 52 the department. In the counties of Nassau, Suffolk, Kings, and Queens, 53 these water well contracting activities shall not commence unless the 54 department approves such activities as are specified in a preliminary 55 notice and has so notified the water well contractor in writing of the 56 approval. When these water well contracting activities occur inS. 6349 4 1 response to a water well emergency anywhere in the state, the prelimi- 2 nary notice must be submitted within three calendar days of the 3 commencement of the water well contracting activity with a signed state- 4 ment detailing the water well emergency. 5 b. Within one hundred twenty days of having completed the water well 6 contracting activities consisting of construction or deepening of a 7 water well or the installation or replacement of a water well pump, or 8 the on-site supervision thereof, a water well contractor shall submit to 9 the department and water well owner a water well completion report upon 10 a form prescribed by the department. Such completion report shall 11 include the legal names and addresses of the owner of the water well and 12 the water well contractor, the well location by both street address and 13 GPS coordinates, the log of the well, the size and depth of the well, 14 the capacity of the pump or pumps attached to the well, and any other 15 information as specified by the department. For water well decommission- 16 ing, a water well contractor shall not be required to submit such 17 completion report and shall complete the reporting requirements set 18 forth in section 15-1526 of this title. 19 c. The reporting requirements set forth in paragraphs a and b of this 20 subdivision shall not apply to water well contracting activities involv- 21 ing dewatering wells, unless otherwise specified in a water withdrawal 22 or Long Island well permit issued by the department pursuant to section 23 15-1501 or 15-1527 of this title, or wells at remediation sites other- 24 wise regulated by state or federal court order or agency agreement or 25 order. 26 4. The department may revoke [any] a certificate of registration for 27 violation of any [of the provisions of] provision in this section, [or] 28 section 15-1526, 15-1527, 15-1528, 15-1531, or 38-0107 of this chapter, 29 for violation of [rules] any rule or regulation made by the department 30 pertaining thereto, violation of a decision or order issued by the 31 department, or for obtaining a certificate of registration through 32 fraud, deceit, or the submission of false information. A certificate of 33 registration may be revoked by the department regardless of the criminal 34 provisions with regard to this section found in section 71-1115 of this 35 chapter. 36 5. a. [On and after January first, two thousand three, any individual37who is responsible for the on-site supervision of water well drilling38activities must have passed,]Prior to engaging in water well contracting 39 activities, a water well contractor shall either satisfy the exam 40 requirement set forth in this subdivision or shall be supervised on-site 41 throughout the performance of any water well contracting activities by a 42 water well contractor who has: (i) satisfied the exam requirement for 43 the water well contracting activities being performed; and (ii) 44 obtained, or is listed in, a valid certificate of registration as set 45 forth in subdivision two of this section. The exam requirement is to 46 pass, with at least a seventy percent score[, a two-part certification47exam] the following exams as offered by the national ground water asso- 48 ciation or [an] equivalent [exam] exams offered or approved by the 49 commissioner[. Evidence of having passed such exam shall be provided by50the person responsible for the on-site supervision of water well drill-51ing activities upon demand of any enforcement officer.]: 52 i. for water well contracting activities involving the construction, 53 reconstruction, deepening, or decommissioning of a water well, including 54 an open loop geothermal well, standing column geothermal well, or geoth- 55 ermal diffusion well, or the on-site supervision thereof: a general well 56 drilling exam and a specialty well drilling exam;S. 6349 5 1 ii. for water well contracting activities involving the installation, 2 replacement, maintenance, or repair of a water well pump, or the on-site 3 supervision thereof: a water systems general exam and a specialty pump 4 exam; 5 iii. for water well contracting activities involving the installation, 6 reconstruction, deepening, or decommissioning of a closed loop geother- 7 mal well, or the on-site supervision thereof: a vertical closed loop 8 drilling exam; and 9 iv. for any other water well contracting activities, not otherwise 10 specified in subparagraph i, ii, or iii of this paragraph: a general 11 well drilling exam and a specialty well drilling exam, or a water 12 systems general exam and a specialty pump exam. 13 b. [Notwithstanding the provisions of paragraph a of this subdivision14any individual, who is responsible for the on-site supervision of the15repair or installation of water pumps, requiring the opening of the well16casing, must have passed, with at least a seventy percent score, a17certification exam developed by the national ground water association or18the water systems council, or an equivalent exam offered or approved by19the commissioner. Evidence] Documentation from the national groundwater 20 association or other issuing authority of having passed such exam shall 21 be provided by a water well contractor, including the person responsible 22 for the on-site supervision of [the repair or installation of water23pumps, requiring the opening of the well casing,] water well contracting 24 activities upon demand of any enforcement officer. 25 6. Except as otherwise provided by law, nothing in this section shall 26 be deemed to preempt any provision of local law which requires the 27 license or registration of water well [drillers] contractors or which 28 otherwise regulates the practice of water well [drilling] contracting, 29 provided that the provisions of such local law are at least as compre- 30 hensive as the provisions of this section. 31 7. The department is authorized to adopt or amend regulations as 32 necessary to effectuate the purposes of this section, provided however 33 that the department shall adopt regulations establishing a continuing 34 education requirement as a condition to maintaining registration to 35 lawfully engage in water well contracting in the state of New York. The 36 department may establish exemptions from notice and reporting require- 37 ments in addition to those exemptions specified in this section. 38 8. The requirements of this section shall not apply to a water well 39 contractor or water well contracting activities otherwise regulated 40 pursuant to article twenty-three of this chapter. 41 § 4. The environmental conservation law is amended by adding a new 42 section 15-1526 to read as follows: 43 § 15-1526. Water well protection, maintenance, and decommissioning. 44 1. A person who owns a water well shall protect and maintain the water 45 well at all times or decommission the water well in accordance with this 46 section. 47 2. a. Upon the completion of any water well contracting activities 48 that require the opening of the well casing, a water well contractor 49 shall ensure that the water well has a competent casing and either a 50 secured, effective, vented, and locked well cap in good condition or a 51 vented steel cover welded in place. 52 b. A person who owns a water well shall ensure that the water well at 53 all times has a competent casing and either a secured, effective, vent- 54 ed, and locked well cap in good condition or a vented steel cover welded 55 in place. Such owner shall maintain the well in good working order, 56 including its casing and cap, and shall prevent surface water, includingS. 6349 6 1 stormwater, other liquids, sediment, debris, vermin, or materials from 2 entering the well casing. 3 3. a. Water well decommissioning shall be performed in accordance with 4 the rules and regulations promulgated by the commissioner of health 5 pursuant to subdivision eighteen of section two hundred six of the 6 public health law and such standards as may be established by the 7 department. 8 b. A water well contractor who decommissions a water well shall ensure 9 that the decommissioned well meets the following standards: 10 i. the water well is no longer capable of obtaining or withdrawing 11 groundwater or accessing groundwater for heat transfer purposes; 12 ii. the well casing is cut off at least twenty-four inches below grade 13 and removed; 14 iii. the remaining casing is filled with industry-standard sealing 15 materials with a bearing strength sufficient to prevent subsidence and 16 support traffic or building loads; 17 iv. the water well does not serve as a conduit for the movement of 18 groundwater or the loss of water pressure from confined geologic forma- 19 tions; 20 v. groundwater of differing quality does not intermingle in or along 21 the casing of the well; 22 vi. a pollutant, contaminated or polluted groundwater or surface 23 water, or surface water runoff does not enter or discharge from the 24 well; and 25 vii. ground surface erosion does not occur. 26 c. Within one hundred twenty days of having completed the decommis- 27 sioning of a water well, a water well contractor shall prepare and 28 submit to the department a complete and accurate water well decommis- 29 sioning report upon a form prescribed by the department and provide a 30 copy of the report to the owner of the decommissioned well. Such report 31 shall include the well location by both street address and GPS coordi- 32 nates, the size and depth of the well, the legal name and address of the 33 owner of the water well, the equipment, materials, and debris removed 34 from the well, any remaining obstructions, the disinfection performed, 35 the type, amount, and placement method of any grout material used, the 36 method of permanent capping, the names and registration numbers of all 37 water well contractors who performed the water well decommissioning and 38 any on-site supervisors thereof, a statement explaining how the decom- 39 missioning standards set forth in this section were achieved, and any 40 other information required by the department. 41 d. A person who owns a water well that has been deemed a health, safe- 42 ty, or environmental hazard by a state or local government department, 43 agency, or authority shall decommission the water well within ninety 44 days of the issuance of written notice thereof. 45 4. The department is authorized to adopt or amend regulations as 46 necessary to effectuate the purposes of this section. 47 5. The requirements of this section shall not apply to a water well 48 contractor or water well contracting activities involving dewatering 49 wells, unless otherwise specified in a water withdrawal or Long Island 50 well permit issued by the department pursuant to section 15-1501 or 51 15-1527 of this title, wells at remediation sites otherwise regulated by 52 state or federal court order or agency agreement or order, or wells 53 otherwise regulated pursuant to article twenty-three of this chapter. 54 § 5. Subdivision 6 of section 15-1527 of the environmental conserva- 55 tion law, as amended by chapter 773 of the laws of 1986, is amended and 56 a new subdivision 8 is added to read as follows:S. 6349 7 1 6. The provisions of this section shall not apply to the installation 2 [of] or operation of the following: 3 a. a fire well to which no pumping equipment is permanently attached 4 when such well is installed by a municipal corporation, fire district or 5 duly organized fire company or fire department[.]; or 6 b. a closed loop, standing column or similar non-extractive geothermal 7 system or geothermal diffusion well. 8 8. The department is authorized to adopt or amend regulations as 9 necessary to effectuate the purposes of this section. 10 § 6. The environmental conservation law is amended by adding a new 11 section 15-1531 to read as follows: 12 § 15-1531. Flowing artesian wells. 13 1. To prevent water well contracting activities from resulting in a 14 flowing artesian well, a water well contractor shall: 15 a. implement the industry best practices that prevail at the time of 16 the activities for methods of well drilling and grouting; 17 b. make all reasonable efforts to control a flowing artesian well so 18 that the water well does not discharge water to the ground surface by 19 over-topping or flowing beyond the well casing; and 20 c. comply with the rules and regulations of the department, as may be 21 promulgated to effectuate the purposes of this section, and with the 22 rules and regulations of the department of health pursuant to subdivi- 23 sion eighteen of section two hundred six of the public health law. 24 2. If a water well becomes a flowing artesian well during the course 25 of water well contracting activities, a water well contractor shall 26 promptly complete one of the following activities: 27 a. implement the industry best practices that prevail at the time of 28 the activities to control the water well so that over-topping or flowing 29 beyond the well casing no longer occurs at that well; 30 b. decommission the water well in accordance with section 15-1526 of 31 this title; or 32 c. obtain a written waiver from the department in accordance with 33 subdivision three of this section. 34 3. The department may waive or modify the control or decommissioning 35 requirements set forth in paragraphs a and b of subdivision two of this 36 section upon a written application by a water well contractor or a 37 person who owns a water well to the department that includes a certified 38 statement from the water well contractor describing the measures taken 39 toward, or all conditions prohibiting, compliance with paragraph a or b 40 of subdivision two of this section and any effects of the well on the 41 surrounding environment. 42 4. The department is authorized to adopt or amend regulations as 43 necessary to effectuate the purposes of this section. 44 5. The requirements of this section shall not apply to a water well 45 contractor or water well contracting activities otherwise regulated 46 pursuant to article twenty-three of this chapter. 47 § 7. Subdivision 1 of section 38-0107 of the environmental conserva- 48 tion law is amended by adding a new paragraph (e) to read as follows: 49 (e) On and after January first, two thousand twenty-two, it is prohib- 50 ited for the below ground portion of any system to contain or make use 51 of chlorofluorocarbon compounds. This prohibition shall not apply to a 52 well that is regulated pursuant to article twenty-three of this chapter. 53 § 8. Section 71-1115 of the environmental conservation law, as amended 54 by chapter 640 of the laws of 1977, is amended to read as follows: 55 § 71-1115. Enforcement of [section] sections 15-1525, 15-1526, 15-1527, 56 and 15-1531.S. 6349 8 1 Any person [violating the provisions] who violates a provision of 2 section 15-1525, 15-1526, 15-1527, or 15-1531 of this chapter or a 3 provision in a certificate of registration shall be guilty of a 4 violation punishable by a fine of not more than one thousand dollars, 5 and in addition thereto, shall be liable for a civil penalty of not more 6 than fifteen hundred dollars for each day during which each and every 7 such violation continues. 8 § 9. Subdivision 1 of section 71-1127 of the environmental conserva- 9 tion law, as amended by chapter 401 of the laws of 2011, is amended to 10 read as follows: 11 1. Any person who violates any of the provisions of, or who fails to 12 perform any duty imposed by article [15] fifteen except section 15-1713, 13 or who violates or who fails to comply with any rule, regulation, deter- 14 mination or order of the department heretofore or hereafter promulgated 15 pursuant to article [15] fifteen except section 15-1713, or any condi- 16 tion of a permit or certificate of registration issued pursuant to arti- 17 cle [15] fifteen of this chapter, or any determination or order of the 18 former water resources commission or the department heretofore promul- 19 gated pursuant to former article 5 of the Conservation Law, shall be 20 liable for a civil penalty of not more than two thousand five hundred 21 dollars for each and every such violation [and] where every violation 22 shall be a separate and distinct offense, and, in the case of a continu- 23 ing violation, for an additional civil penalty of not more than five 24 hundred dollars for each day during which each such separate and 25 distinct violation continues, and, in addition thereto, such person may 26 be enjoined from continuing each and every such violation as otherwise 27 provided in article [15] fifteen except section 15-1713. 28 § 10. This act shall take effect one year after it shall have become a 29 law. Effective immediately the addition, amendment and/or repeal of any 30 rule or regulation necessary for the implementation of this act on its 31 effective date are authorized to be made and completed on or before such 32 date.
