NY Env Conserv L § 15-1525 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 15 - Water Supply 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 certificatesof 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.