N.Y. Environmental Conservation Law § 15-1527: Permit required for certain wells in Long Island counties

§ 15-1527. Permit required for certain wells in Long Island counties.

1. No person or public corporation shall hereafter install or operate

any new or additional wells in the counties of Kings, Queens, Nassau or

Suffolk to withdraw water from underground sources for any purpose or

purposes whatsoever where the installed pumping capacity of any such new

well or wells singly or in the aggregate, or the total installed pumping

capacity of old and new wells on or for use on one property is in excess

of forty-five gallons a minute without a permit pursuant to this title.

2. Such persons or public corporations operating or proposing to

operate a well or wells in excess of such capacity in any of such

counties shall be subject to all the provisions of this article relating

to persons or public corporations, with the same force and effect as if

they were supplying or proposing to supply water to the inhabitants of a

municipal corporation or other civil division of the state. In taking

action on such an application the department shall have authority to

impose such conditions and make such requirements and limitations as may

be necessary for the protection of the interests of the applicant and of

the people of the state and may issue limited or revocable permits for

such wells.

3. All new well permits shall be valid for a period of time not to

exceed ten years from the date of issuance. The department shall develop

a permit renewal application and a time schedule for permit renewals.

Well permits may be renewed, including any modifications deemed

appropriate by the department, and such renewal shall be considered

valid for a period specified by the department but in any case shall not

exceed a period of ten years from the date of reissuance or renewal.

4. All applications for new well permits, all applications for well

permit renewals, and all reopened well permits shall be evaluated,

notwithstanding any other requirements of this title, according to

criteria established by rule or regulation of the department which shall

include but not be limited to:

a. Specific yield of the aquifer segment in which the well is or will

be screened;

b. Requested rated capacity of well and anticipated or actual amount

of withdrawal from such well, both seasonally and annually;

c. Whether the well site or proposed well site is in an over-stressed,

transitional, or unstressed area;

d. The proposed use of the water; whether the water will be or is

recharged or discharged to waste; and the likely quality of the water if

it is or will be recharged;

e. The amount of withdrawal requested and its relationship to volume

of recharge occurring locally as well as the relationship of the

requested withdrawal to the regional level of withdrawal and recharge;

f. The degree of consistency between the requested rate of withdrawal

and any regional water management plans; and

g. If the well is to be used by a water purveyor, either public or

private, or a water authority, whether such purveyor or authority has an

active and on-going water conservation program, leak detection program,

and metering program.

In addition, the department shall vigorously apply subdivision two of

section 15-1503 of this title in its decision-making process. The

department shall determine whether the watershed, which in the case of

Long Island shall mean the land surface that represents the recharge

catchment area recharging water for each respective well, has been

adequately protected. If the well is to be used as a public water supply

by a water purveyor or water authority, the department shall require as

a permit condition that the water purveyor or authority prepare and

submit watershed rules and regulations as described pursuant to section

eleven hundred of the public health law.

5. The department shall develop a system for categorizing the counties

of Kings, Queens, Nassau and Suffolk into areas that are either

unstressed, transitional, or over-stressed with respect to the quality

and/or quantity of the groundwater supply. For those areas which are

considered to be over-stressed, as determined by the department, all

valid well permits within this category shall be reopened in order to

evaluate and possibly modify, add or delete any permit conditions or

requirements. Special consideration shall be given to permit conditions

aimed at reducing the levels of withdrawal and consumptive water use in

over-stressed areas. The reopening of the well permits may be phased in

over a five year period. All reopened well permits which are deemed by

the department to be acceptable following review and any subsequent

changes may be renewed and shall, if renewed, be valid for a period of

time not to exceed ten years from the date of reissuance or renewal.

Nothing in this title shall be considered to prohibit the department

from revoking a permit following the review required by this title.

6. The provisions of this section shall not apply to the installation

of 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.

7. The provisions of this section shall apply to the use of water for

agricultural purposes. The department shall, for the purposes of section

70-0116 of this chapter, make a finding of an emergency when a

replacement well is needed during the growing season for a crop.

Pursuant to section 70-0116 of this chapter, the department may issue an

emergency authorization for the construction and operation of such

replacement well.