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.
LBD09096-06-9
S. 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 article
S. 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 the
26 commencement of drilling of any well or wells, the water well driller
27 shall file a preliminary notice with the department; it shall also
28 provide that upon the completion of the drilling of any water well or
29 water wells, a completion report be filed with the department, giving
30 the log of the well, the size and depth thereof, the capacity of the
31 pump or pumps attached or to be attached thereto, and such other infor-
32 mation pertaining to the withdrawal of water and operation of such water
33 well or water wells as the department by its rules and regulations may
34 require. The water well driller shall provide a copy of such completion
35 report to the water well owner. The number of the certificate of regis-
36 tration must be displayed on the well drilling machinery of the regis-
37 trant. The certificate of registration shall also contain a notice to
38 the certificate holder that the business activities authorized by such
39 certificate are subject to the provisions of article thirty-six-A of the
40 general business law. The fee for such certificate of registration shall
41 be ten dollars annually. The commissioner shall promulgate a water well
42 completion report form which shall be utilized by all water well dril-
43 lers in satisfying the requirements of this section and any other
44 provision of state or local law which requires the submission of a water
45 well 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 in
S. 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 individual
37 who is responsible for the on-site supervision of water well drilling
38 activities 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 certification
47 exam] 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 by
50 the person responsible for the on-site supervision of water well drill-
51 ing 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 subdivision
14 any individual, who is responsible for the on-site supervision of the
15 repair or installation of water pumps, requiring the opening of the well
16 casing, must have passed, with at least a seventy percent score, a
17 certification exam developed by the national ground water association or
18 the water systems council, or an equivalent exam offered or approved by
19 the 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 water
23 pumps, 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, including
S. 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.