§ 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\n of registration.\n 1. No person shall engage in the business of water well drilling in\nthe state of New York without first obtaining a certificate of\nregistration from the department as hereinafter provided. All water well\ndrilling shall be performed in accordance with the rules and regulations\npromulgated by the commissioner of health pursuant to subdivision\neighteen of section two hundred six of the public health law.\n 2. Application for a certificate of registration shall be made upon a\nform prescribed and furnished by the department providing such\ninformation as the department deems necessary for the purposes of\nissuance of a certificate of registration.\n 3. The certificate of registration shall require that, before the\ncommencement of drilling of any well or wells, the water well driller\nshall file a preliminary notice with the department; it shall also\nprovide that upon the completion of the drilling of any water well or\nwater wells, a completion report be filed with the department, giving\nthe log of the well, the size and depth thereof, the capacity of the\npump or pumps attached or to be attached thereto, and such other\ninformation pertaining to the withdrawal of water and operation of such\nwater well or water wells as the department by its rules and regulations\nmay require. The water well driller shall provide a copy of such\ncompletion report to the water well owner. The number of the certificate\nof registration must be displayed on the well drilling machinery of the\nregistrant. The certificate of registration shall also contain a notice\nto the certificate holder that the business activities authorized by\nsuch certificate are subject to the provisions of article thirty-six-A\nof the general business law. The fee for such certificate of\nregistration shall be ten dollars annually. The commissioner shall\npromulgate a water well completion report form which shall be utilized\nby all water well drillers in satisfying the requirements of this\nsection and any other provision of state or local law which requires the\nsubmission of a water well completion report or water well log.\n 4. The department may revoke any certificate of registration for\nviolation of any of the provisions of this section, or violation of\nrules made by the department pertaining thereto. A certificate of\nregistration may be revoked by the department regardless of the criminal\nprovisions with regard to this section found in section 71-1115.\n 5. a. On and after January first, two thousand three, any individual\nwho is responsible for the on-site supervision of water well drilling\nactivities must have passed, with at least a seventy percent score, a\ntwo-part certification exam by the national ground water association or\nan equivalent exam offered or approved by the commissioner. Evidence of\nhaving passed such exam shall be provided by the person responsible for\nthe on-site supervision of water well drilling activities upon demand of\nany enforcement officer.\n b. Notwithstanding the provisions of paragraph a of this subdivision\nany individual, who is responsible for the on-site supervision of the\nrepair or installation of water pumps, requiring the opening of the well\ncasing, must have passed, with at least a seventy percent score, a\ncertification exam developed by the national ground water association or\nthe water systems council, or an equivalent exam offered or approved by\nthe commissioner. Evidence of having passed such exam shall be provided\nby the person responsible for the on-site supervision of the repair or\ninstallation of water pumps, requiring the opening of the well casing,\nupon demand of any enforcement officer.\n 6. Except as otherwise provided by law, nothing in this section shall\nbe deemed to preempt any provision of local law which requires the\nlicense or registration of water well drillers or which otherwise\nregulates the practice of water well drilling, provided that the\nprovisions of such local law are at least as comprehensive as the\nprovisions of this section.\n