NY Env Conserv L § 15-1527 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 15 - Water Supply 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; andg.  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.