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Part 602: Applications For Long Island Wells

(Statutory authority: Environmental Conservation Law, §§ 3-0301(2)(m), 15-1527)

[Effective 04/28/72]

[Amended 01/15/86 and reissued 7/95]

[page 1 of 1]

Contents:

Sec.

§602.1 Applicability

(a) Any person or public corporation who installs or operates any well in the County of Kings, Queens, Nassau or Suffolk to withdraw water for any purpose, other than for a public water supply, must have a permit pursuant to this Part when the total capacity of such well or wells on any one property is in excess of 45 gallons per minute (or 64,800 gallons per day). This includes temporary or permanent dewatering wells.

(b) Well capacity, except for free-flowing wells, is defined as the capacity of the pumps installed, not the actual contemplated draft.

(c) Permits to install or operate wells to withdraw water for public water supply purposes are issued pursuant to Part 601 of this Title.

§602.2 Exemptions (Specific parts of the regulation have been superceded by an amendment.)

No permit is required for the use of water for agricultural purposes, or 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 department.

(Important note: the permit exemption for agricultural water wells on Long Island was eliminated in 1986 by the introduction of paragraph 7 of ECL §15-1527).

§602.3 Application for a permit to install a well

(a) A permit application shall be on forms supplied by the department. The application shall be submitted to Regional Permit Administrator, Region 1, New York State Department of Environmental Conservation, State University of New York at Stony Brook, Building 40, Stony Brook, NY 11790.

(b) The application shall be signed as follows:

(1) corporations--by a duly qualified officer of at least the level of vice-president;

(2) partnerships--by a partner; or

(3) individuals or sole proprietors--by the individual or sole proprietor, respectively.

(c) Contents of application. The application must contain the following information:

(1) status of applicant;

(2) proposed project;

(3) intended use of proposed well or wells;

(4) proposed pump capacity;

(5) rate of pumping, annual use and the number of present wells and water use on the applicant's property, if applicable; and

(6) effect of proposed water withdrawal on domestic water supplies.

(d) Exhibits. The application shall be accompanied by the following:

(1) Location map which shows the location of the property to be served, the location of all wells, existing and proposed, diffusion pits and other pertinent information.

(2) Construction plans should be filed for projects contemplating unusual structures.

(3) Any other information requested by the department, including any of the information or exhibits required in Part 601 of this Title.

(e) All applications and exhibits must be filed in duplicate, unless the department directs otherwise.

§602.4 Action on permit applications

(a) The department may grant or deny a permit, or grant a permit with conditions or restrictions. At its discretion, the department may issue limited or revocable permits. (b) The permit issued pursuant to this section authorizes only the installation of the proposed well or wells. The permittee must obtain the department's approval of the completed project pursuant to section 602.5 of this Part before placing the well or wells into operation.

§602.5 Approval of completed works

(a) Before any well or wells installed pursuant to a permit granted under this Part may be operated, the completed works must be inspected and a formal approval issued by the department.

(b) The permittee must submit to the department a written request for such approval, accompanied by the results of an analysis of the water obtained from the completed well or wells.

(c) If, after inspection, the department finds that the terms and conditions of the applicable permit have been complied with, it may issue a formal approval of completed works authorizing the permittee to operate the well or wells installed.

§602.6 Procedures

Article 70 of the Environmental Conservation Law, and the rules and regulations promulgated thereunder, shall govern permit applications, renewals, modifications, suspensions and revocations under this Part.