NY State Senate Bill 2019-S6349

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jun 06, 2019	referred to rules

2019-S6349 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§15-1501, 15-1502, 15-1525, 15-1527, 38-0107, 71-1115 & 71-1127, add §§15-1526 & 15-1531, En Con L

2019-S6349 (ACTIVE) - Summary

Relates to the regulation of well water contractors.

2019-S6349 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6349

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the regulation of water well contractors

 
PURPOSE OF THE BILL:

The purpose of this bill is to update the Environmental Conservation Law
(ECL) to reflect evolving water well drilling technologies and prac-
tices; ensure that well drillers, other water well contractors, and well
owners help protect New York's groundwater resources and avoid waste and
damage to property and natural resources; provide additional consumer
protections, clarify inconsistent, confusing, and ambiguous language in
the registration, exams and reporting requirements; enable the depart-
ment to establish a continuing education requirement; and provide for
effective enforcement. The bill introduces new measures to address water
well protection and decommissioning, flowing artesian water wells,
geothermal wells, and use of water from public water supplies for once-
through heat exchange cooling or heating systems; prohibit the use of
chlorofluorocarbons (CFCs) in below ground systems; eliminate duplicate
regulation of activities already governed by the department's Division

of Mineral Resources and Division of Environmental Remediation programs;
and clarify the department's authority for regulations.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would add a new subsection 10 to ECL § 15-1501 to
prohibit the use of water from public water supplies for once-through
heat exchange cooling or heating systems as of January 1, 2022.

Section 2 of this bill would amends subsections 3, 4 and 5 in ECL §
15-1502: to include in the definition of "water well" any well that
"accesses" groundwater for heat transfer purposes, in order to include
wells, such as closed loop geothermal wells, that may not be seen as
"obtaining or withdrawing" water; to refine the definition of "water
well contracting activities" to be consistent with the actions that are
already governed by the law and to protect consumers from unregistered
contractors; and to broaden and replace the defined term, "water well
driller" with the term "water well contractor" to accurately reflect the
law's historical and continued application to a variety of contractors,
including pump installers.

Section 2 of this bill also adds new subsections 17, 18, 19, 20, and 21
to ECL § 15-1502 to define "flowing artesian well," "dewatering well,"
"water well decommissioning," "geothermal well," and water well emergen-
cy," terms used in new provisions of this bill.

Section 3 of this bill amends ECL § 15-1525 in order to achieve the
following: significantly reorganize and clarify the law; specify a two-
year, rather than an annual, registration period; require that no person
shall engage in water well contracting in the state without obtaining or
being listed on a certificate of registration from the department,
unless supervised pursuant § 15-4525(5)(a); increase the water well
contractor registration fee to $300 biannually; specify exam require-
ments based on the type of water well contracting activities that are to
be conducted; clarify that pump installers must file preliminary notices
and completion reports for certain activities; establish a 120--day
deadline for the submission of water well completion reports; emphasize
the obligation on contractors to provide completion reports to well
owners; require those who advertise or market water well contracting
services to register with the department; require the department to
establish a continuing education requirement; provide reporting
exemptions for dewatering wells and wells regulated by the department's
Division of Mineral Resources and Division of Environmental Remediation
programs; and update the authority for regulations.

Section 4 of this bill adds a new section § 15-1526 to establish
requirements for water well protection, maintenance, and decommission-
ing.

Long Island well permit exemption for geothermal wells. Section 5 of
this bill amends subsection 6 in ECL § 15-1527 to exempt closed loop
geothermal wells from Long Island well permitting and enable the promul-
gation of regulations.

Section 6 of this bill adds new section ECL § 15-1531 to require water
well contractors to observe best practices that minimize the occurrence
of flowing artesian wells and to promptly control or else decommission
those that occur despite the implementation of best practices, subject
to a waiver provision.

Section 7 of this bill adds a new paragraph e to subsection 1 of ECL §
38-0107 (Chlorofluorocarbon Compounds) to prohibit the use of CFCs such
as Freon in below-ground systems as of January 1, 2022.

Section 8 of this bill expands the enforcement provisions in ECL §
71-1115, which currently only applies to violations of ECL § 15-1525, so
that it also applies to violations of ECL Sections 15-1526, 15-1527, and
15-1531, and makes the civil penalty therein accrue on a per day basis,
per violation, consistent with penalties for other ECL violations.

Civil enforcement. Section 9 of this bill amends the enforcement
provision in ECL § 71-1127(1) to further clarify existing, law, whereby
the penalty accrues on a per day basis, per violation, and to apply this
provision to the violation of a water well contractor's certificate of
registration.

Section 10 of this bill provides for an effective date of one year
following enactment.

 
STATEMENT IN SUPPORT:

Public Water Supplies and Once-Though Heating or Cooling Systems

The use and subsequent disposal of water from public water supplies for
once-through cooling or heating systems is problematic in that it wastes
the State's water resources; presents technical difficulties and imposes
legal compliance problems on owners and operators of public water supply
treatment, distribution, and wastewater treatment systems; and is incom-
patible with the State's current Long Island water resource sustainabil-
ity study. This bill prevents consumptive use of water from a public
water supply system for once-through cooling or heating systems as of
January 1, 2022.

Water Well Contracting

The existing "well driller" law is inadequate, especially in comparison
to similar laws in other states. The phrasing of the original law is
internally inconsistent and difficult to understand and enforce.  For
example, even the term "well driller" that is used throughout the exist-
ing law is confusing in that the law also regulates water pump instal-
lers, whether or not they are "well drillers." Existing law does not
require water well ownersòand contractors to protect the resource
through appropriate well maintenance, proper decommissioning, or mini-
mizing the occurrence of flowing artesian wells during water well
contracting activities. Revisions to the law are needed to strengthen
the integrity and authority of the program to protect the state's
groundwater; clarify the requirements of the program; enhance transpar-
ency; provide increased consumer protection; and increase compliance
with the law by providing for effective enforcement. The existing $10
registration fee is out of date (not increased since 1999), so minimal
that it is fiscally burdensome to justify the department's processing of
the payments, and is out of step with other environmental regulatory
programs.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect one year after it is enacted.

2019-S6349 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6349
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   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 TWENTY-TWO, NO PERSON SHALL
 USE WATER FROM A PUBLIC WATER SUPPLY SYSTEM IN OR AS  PART  OF  A  ONCE-
 THROUGH  HEAT  EXCHANGE COOLING OR HEATING SYSTEM OR SUPPLY WATER FROM A
 PUBLIC WATER SUPPLY SYSTEM TO ANOTHER PERSON FOR USE IN OR  AS  PART  OF
 SUCH A ONCE-THROUGH SYSTEM.
   §  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 five new subdivisions 17, 18,
 19, 20, and 21 are added to read as follows:
   3. "Water well" OR "WELL" shall mean any [groundwater] excavation  for
 the purpose of obtaining [water] OR WITHDRAWING GROUNDWATER OR ACCESSING
 GROUNDWATER, INCLUDING A GEOTHERMAL WELL AS DEFINED IN SUBDIVISION TWEN-
 TY OF THIS SECTION.
   4.  "Water  well  [drilling]  CONTRACTING"  or  "water well [drilling]
 CONTRACTING activities" shall mean:
   A. the construction [and], reconstruction, DEEPENING, OR DECOMMISSION-
 ING of A water [wells,] WELL;
   B. THE INSTALLATION, REPLACEMENT, MAINTENANCE, OR REPAIR  OF  A  WATER
 WELL PUMP THAT REQUIRES THE OPENING OF THE WELL CASING;
   C. the establishment or repair of a connection through the well casing
 [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
 
   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.

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Senate Bill S6349

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2019-S6349 (ACTIVE) - Details

2019-S6349 (ACTIVE) - Summary

2019-S6349 (ACTIVE) - Sponsor Memo

2019-S6349 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6349

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2019-S6349 (ACTIVE) - Details

2019-S6349 (ACTIVE) - Summary

2019-S6349 (ACTIVE) - Sponsor Memo

2019-S6349 (ACTIVE) - Bill Text download pdf

Comments