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

§ 15-1527. Permit required for certain wells in Long Island counties.\n 1. No person or public corporation shall hereafter install or operate\nany new or additional wells in the counties of Kings, Queens, Nassau or\nSuffolk to withdraw water from underground sources for any purpose or\npurposes whatsoever where the installed pumping capacity of any such new\nwell or wells singly or in the aggregate, or the total installed pumping\ncapacity of old and new wells on or for use on one property is in excess\nof forty-five gallons a minute without a permit pursuant to this title.\n 2. Such persons or public corporations operating or proposing to\noperate a well or wells in excess of such capacity in any of such\ncounties shall be subject to all the provisions of this article relating\nto persons or public corporations, with the same force and effect as if\nthey were supplying or proposing to supply water to the inhabitants of a\nmunicipal corporation or other civil division of the state. In taking\naction on such an application the department shall have authority to\nimpose such conditions and make such requirements and limitations as may\nbe necessary for the protection of the interests of the applicant and of\nthe people of the state and may issue limited or revocable permits for\nsuch wells.\n 3. All new well permits shall be valid for a period of time not to\nexceed ten years from the date of issuance. The department shall develop\na permit renewal application and a time schedule for permit renewals.\nWell permits may be renewed, including any modifications deemed\nappropriate by the department, and such renewal shall be considered\nvalid for a period specified by the department but in any case shall not\nexceed a period of ten years from the date of reissuance or renewal.\n 4. All applications for new well permits, all applications for well\npermit renewals, and all reopened well permits shall be evaluated,\nnotwithstanding any other requirements of this title, according to\ncriteria established by rule or regulation of the department which shall\ninclude but not be limited to:\n a. Specific yield of the aquifer segment in which the well is or will\nbe screened;\n b. Requested rated capacity of well and anticipated or actual amount\nof withdrawal from such well, both seasonally and annually;\n c. Whether the well site or proposed well site is in an over-stressed,\ntransitional, or unstressed area;\n d. The proposed use of the water; whether the water will be or is\nrecharged or discharged to waste; and the likely quality of the water if\nit is or will be recharged;\n e. The amount of withdrawal requested and its relationship to volume\nof recharge occurring locally as well as the relationship of the\nrequested withdrawal to the regional level of withdrawal and recharge;\n f. The degree of consistency between the requested rate of withdrawal\nand any regional water management plans; and\n g. If the well is to be used by a water purveyor, either public or\nprivate, or a water authority, whether such purveyor or authority has an\nactive and on-going water conservation program, leak detection program,\nand metering program.\n In addition, the department shall vigorously apply subdivision two of\nsection 15-1503 of this title in its decision-making process. The\ndepartment shall determine whether the watershed, which in the case of\nLong Island shall mean the land surface that represents the recharge\ncatchment area recharging water for each respective well, has been\nadequately protected. If the well is to be used as a public water supply\nby a water purveyor or water authority, the department shall require as\na permit condition that the water purveyor or authority prepare and\nsubmit watershed rules and regulations as described pursuant to section\neleven hundred of the public health law.\n 5. The department shall develop a system for categorizing the counties\nof Kings, Queens, Nassau and Suffolk into areas that are either\nunstressed, transitional, or over-stressed with respect to the quality\nand/or quantity of the groundwater supply. For those areas which are\nconsidered to be over-stressed, as determined by the department, all\nvalid well permits within this category shall be reopened in order to\nevaluate and possibly modify, add or delete any permit conditions or\nrequirements. Special consideration shall be given to permit conditions\naimed at reducing the levels of withdrawal and consumptive water use in\nover-stressed areas. The reopening of the well permits may be phased in\nover a five year period. All reopened well permits which are deemed by\nthe department to be acceptable following review and any subsequent\nchanges may be renewed and shall, if renewed, be valid for a period of\ntime not to exceed ten years from the date of reissuance or renewal.\nNothing in this title shall be considered to prohibit the department\nfrom revoking a permit following the review required by this title.\n 6. The provisions of this section shall not apply to the installation\nof a fire well to which no pumping equipment is permanently attached\nwhen such well is installed by a municipal corporation, fire district or\nduly organized fire company or fire department.\n 7. The provisions of this section shall apply to the use of water for\nagricultural purposes. The department shall, for the purposes of section\n70-0116 of this chapter, make a finding of an emergency when a\nreplacement well is needed during the growing season for a crop.\nPursuant to section 70-0116 of this chapter, the department may issue an\nemergency authorization for the construction and operation of such\nreplacement well.\n