N.Y. Environmental Conservation Law § 15-1525: Water well drillers in New York state to obtain certificates of registration

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

of registration.

1. No person shall engage in the business of water well drilling in

the state of New York without first obtaining a certificate of

registration from the department as hereinafter provided. All water well

drilling shall be performed in accordance with the rules and regulations

promulgated by the commissioner of health pursuant to subdivision

eighteen of section two hundred six of the public health law.

2. Application for a certificate of registration shall be made upon a

form prescribed and furnished by the department providing such

information as the department deems necessary for the purposes of

issuance of a certificate of registration.

3. The certificate of registration shall require that, before the

commencement of drilling of any well or wells, the water well driller

shall file a preliminary notice with the department; it shall also

provide that upon the completion of the drilling of any water well or

water wells, a completion report be filed with the department, giving

the log of the well, the size and depth thereof, the capacity of the

pump or pumps attached or to be attached thereto, and such other

information pertaining to the withdrawal of water and operation of such

water well or water wells as the department by its rules and regulations

may require. The water well driller shall provide a copy of such

completion report to the water well owner. The number of the certificate

of registration must be displayed on the well drilling machinery of the

registrant. The certificate of registration shall also contain a notice

to the certificate holder that the business activities authorized by

such certificate are subject to the provisions of article thirty-six-A

of the general business law. The fee for such certificate of

registration shall be ten dollars annually. The commissioner shall

promulgate a water well completion report form which shall be utilized

by all water well drillers in satisfying the requirements of this

section and any other provision of state or local law which requires the

submission of a water well completion report or water well log.

4. The department may revoke any certificate of registration for

violation of any of the provisions of this section, or violation of

rules made by the department pertaining thereto. A certificate of

registration may be revoked by the department regardless of the criminal

provisions with regard to this section found in section 71-1115.

5. a. On and after January first, two thousand three, any individual

who is responsible for the on-site supervision of water well drilling

activities must have passed, with at least a seventy percent score, a

two-part certification exam by the national ground water association or

an equivalent exam offered or approved by the commissioner. Evidence of

having passed such exam shall be provided by the person responsible for

the on-site supervision of water well drilling activities upon demand of

any enforcement officer.

b. Notwithstanding the provisions of paragraph a of this subdivision

any individual, who is responsible for the on-site supervision of the

repair or installation of water pumps, requiring the opening of the well

casing, must have passed, with at least a seventy percent score, a

certification exam developed by the national ground water association or

the water systems council, or an equivalent exam offered or approved by

the commissioner. Evidence of having passed such exam shall be provided

by the person responsible for the on-site supervision of the repair or

installation of water pumps, requiring the opening of the well casing,

upon demand of any enforcement officer.

6. Except as otherwise provided by law, nothing in this section shall

be deemed to preempt any provision of local law which requires the

license or registration of water well drillers or which otherwise

regulates the practice of water well drilling, provided that the

provisions of such local law are at least as comprehensive as the

provisions of this section.