Town of Mamakating, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamakating 2-2-1989 by L.L. No. 1-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Bathing facilities — See Ch. 53.
Building construction — See Ch. 99.
Housing standards — See Ch. 120.
Mobile homes and mobile home parks — See Ch. 131.
Sewage disposal — See Ch. 155.
Subdivision of land — See Ch. 166.
195a Table 5
[Amended 2-8-2000 by L.L. No. 1-2000]
By the adoption of this chapter, the Town Board of the Town of Mamakating declares its intent to regulate the installation of wells in the Town of Mamakating in a manner consistent with New York State Health Department Administration Rules and Regulations, 10 NYCRR, Appendix 5-B, Rural Water Supply, in order to promote the general health, safety and welfare of the citizens of the town. Therefore, recognizing the above and the need of the community for an adequate well installation and regulatory procedure and in the exercise of its police power in these regards, the Town Board of the Town of Mamakating does hereby enact the following chapter.
This chapter shall apply to well drilling and installation of wells upon all lands, public or private, within this town outside the Incorporated Villages of Wurtsboro and Bloomingburg.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes the landowner(s) and/or well driller or installer as an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
UNDEVELOPED LOT
Includes any lot or parcel of land which is vacant and upon which there are no habitable structures in which persons can reside and which lacks an existing individual well or sewage treatment system.
[Added 2-8-2000 by L.L. No. 1-2000]
WELL OR WATER SOURCE
Includes any source of water used for drinking or any other personal use, whether hand dug or drilled.
B. 
The New York State Health Department Administration Rules and Regulations, Appendix 5-B, Rural Water Supply, referred to in this chapter, may be found outlined in the Rural Water Supply booklet published by the New York State Department of Health, as amended or replaced from time to time. In the event that Appendix 5-B, Rural Water Supply, is amended or replaced, all references in this chapter shall be deemed to refer to such amended or new regulations.
[Amended 2-8-2000 by L.L. No. 1-2000]
A. 
It is hereby required that a well drilling permit be obtained from the Town Building Inspector prior to commencement of installation or drilling of a new well or water source or any repair requiring redrilling of an existing well.
[Amended 12-7-1989 by L.L. No. 5-1989]
B. 
A fee schedule adopted by the Town Board of the Town of Mamakating will determine the fees for application and issuance of a Town of Mamakating well drilling permit.
C. 
The application for a well drilling permit shall be on forms prescribed and provided by the Town of Mamakating Building Department.
[Amended 2-8-2000 by L.L. No. 1-2000]
D. 
By issuing a permit, the town does not represent that the well or the water supplied thereby complies with 10 NYCRR, Appendix 5-B, Rural Water Supply, or such other regulations as may be adopted from time to time by the New York State Department of Health which pertain to wells or the water supplied thereby. The issuance of a permit by the town shall only be deemed as confirmation that the applicant has provided proper certification to the town that the applicant has complied with such regulations.
[Added 2-8-2000 by L.L. No. 1-2000]
A. 
General.
[Amended 2-8-2000 by L.L. No. 1-2000]
(1) 
Water wells shall be of such materials and located, constructed, developed and protected as described in 10 NYCRR, Appendix 5-B, Rural Water Supply, or such other regulations promulgated in the future which pertain to wells or the water supplied thereby, and in accordance with good well-drilling practice, performed by persons or entities who or which have obtained a certificate of registration from the Department of Environmental Conservation, as required by law.
(2) 
Prior to the commencement of construction or drilling of a well, the applicant shall submit to the Building Inspector of the Town of Mamakating, for his review and approval, a site plan in a form containing the information set forth in the application for a well-drilling permit submitted by the applicant.
(3) 
Prior to the commencement of any construction of a well for which a waiver is required as set forth in Subsection B(2) or (3) of § 195-5, the applicant shall submit to the Building Inspector of the Town of Mamakating a plan for such well, certified by a professional engineer licensed to do business in the State of New York, certifying that it will not significantly compromise the standards as set forth in 10 NYCRR, Appendix 5-B, Rural Water Supply. The applicant must seek and obtain a waiver prior to the commencement of any construction, as set forth above. The Building Inspector may approve the plan if the foregoing is satisfied.
B. 
Location.
[Amended 2-8-2000 by L.L. No. 1-2000]
(1) 
General.
(a) 
The well shall be constructed on the same lot or property as the structure being served, outside the structure, in an accessible location which is not subject to flooding and at a distance from potential sources of pollution on the owner's lot or property or on adjoining lots or properties which is not less than that stated in 10 NYCRR, Appendix 5-B, Rural Water Supply.
(b) 
Any well shall be so located that the center line of the well, extended vertically, will clear any projection from any building by not less than five feet. The top of the well casing shall be readily accessible.
(2) 
New well on undeveloped lots. The proposed well shall be located in accordance with 10 NYCRR, Appendix 5-B, Rural Water Supply. In the event that the recommended separation distances specified in Appendix 5-B cannot be met, the applicant shall apply to the Building Inspector for a waiver from the recommended separation distances set forth in the aforementioned regulations. The Building Inspector may only grant such a waiver if the applicant has provided to the Building Inspector a design of the proposed well and a certification, both prepared by a professional engineer licensed in the State of New York, that the well and the water provided thereby will not significantly compromise the standards set forth in 10 NYCRR, Appendix 5-B, Rural Water Supply. The granting of a waiver by the Building Inspector of the Town of Mamakating shall not constitute and shall not be construed as a representation or determination by the town, or any of its officers or employees, that the proposed well, or the water to be supplied thereby, meets the standards or does not significantly compromise the standards set forth in 10 NYCRR, Appendix 5-B, Rural Water Supply, but shall only constitute and be construed as confirmation that a design and the appropriate certification by the professional engineer have been provided by the applicant to the town. In the event that the recommended separation distances specified in Appendix 5-B cannot be met and a waiver of the same can be obtained from another municipal agency or entity, the applicant must obtain such waiver and provide the same to the Building Inspector prior to the commencement of construction or installation of the well.
(3) 
Replacement of existing wells and new wells on previously developed lots. If an existing well for an occupied structure becomes incapable of providing an adequate quantity or quality of water, as set forth in 10 NYCRR, Appendix 5-B, Rural Water Supply, or if a new well on a previously developed lot cannot be located in accordance with 10 NYCRR, Appendix 5-B, Rural Water Supply, the Building Inspector may provide a waiver to permit the existing well to be replaced at separation distances less than those recommended in 10 NYCRR, Appendix 5-B, Rural Water Supply. The procedure for obtaining such waiver and the effect of a granting of such waiver shall be as set forth in Subsection B(2) of this section. The proposed well must be located as far as practical from surrounding septic systems and sources of pollution.
C. 
Depth. The well shall be developed from a water-bearing formation at a depth greater than 20 feet below the ground surface.
D. 
Casing.
(1) 
The well casing shall be new-brought iron or steel well casing pipe which complies with ASA Standard B36.10-1959 of AWWA Standards for Deep Wells A100-58.
(2) 
The depth of the casing shall comply with the requirements of Table 5 of the Rural Water Supply Bulletin,[1] and the top of the casing shall terminate 12 inches above the ground surface or pumphouse floor and two feet above possible flood level.
[1]
Editor's Note: Table 5 is included at the end of this chapter.
(3) 
The well casing diameter for a well in rock shall be not less than six inches (four inches in sandstone or sand and gravel).
(4) 
Each section of casing shall be joined with standard drive pipe couplings and ample full-threaded joints or by proper welding so that all joints shall be sound and watertight as installed in the well.
(5) 
Well casing alignment shall not interfere with the proper installation and operation of the pump.
E. 
Construction.
(1) 
Construction of the well shall comply with the requirements of Table 5 of the Rural Water Supply Bulletin and other standards given in said bulletin.
(2) 
Construction shall seal off, insofar as practicable, water-bearing formations that are or may be polluted.
(3) 
The well shall be constructed so that no unsealed opening will be left around the well.
(4) 
The well shall be thoroughly developed by proper means to produce maximum yield, clearing it of all excessive sand, silt and turbidity.
(5) 
Water used for well construction shall be of satisfactory sanitary quality.
(6) 
If the well is finished in a sand or gravel formation, the driller shall furnish and install a metal screen of proper diameter, design and standard manufacture, which shall permit maximum transmission of water without clogging.
F. 
Grouting. Grouting as required by Table 5 of the Rural Water Supply Bulletin shall be performed and placed as described in the Rural Water Supply Bulletin.
G. 
Yield test. Before being put into use, the well shall be tested for yield and drawdown for at least four hours' duration. The test pump shall have a capacity at least equal to the pumping rate at which it is expected the well will be pumped during its usage. The test pump shall be installed to operate continuously until the water level has stabilized and, at this point, the yield and drawdown determined. Periodic water level observations shall be made during the drawdown and subsequent recovery periods. A minimum sustained well yield of five gallons per minute shall be obtained.
H. 
Disinfection. The well shall be pumped until clear and then disinfected as explained in the Rural Water Supply Bulletin.
I. 
Capping. Temporary capping of the well until the pumping equipment is installed shall be such that no pollutant can enter the well.
J. 
Log. The driller shall furnish the owner with accurate and complete information and a well log on the form given to the well drilling permit holder at the time of the permit issuance. A copy of said completed form shall be filed with the Town of Mamakating Building Department.
K. 
Pump and pumping equipment shall be installed so as to comply with the objectives described in the Rural Water Supply Bulletin, Sullivan County Local Law No. 13 of 1977, regarding the use of licensed electrical contractors and the State and National Electrical Codes and shall be inspected by a certified inspector who has been accepted and registered by the Town of Mamakating Building Department.
L. 
Water samples. After the well has been pumped clear and after all chlorine disinfectant has been removed, one or more water samples shall be collected and examined in a New York State Department of Health approved laboratory for bacteriological examination. If warranted, chemical examination may also be required at the discretion of the Building Inspector. A copy of this bacteriological report shall be filed with the Town of Mamakating Building Department.
M. 
Well seal and pitless adapter.
(1) 
A well cap, seal and/or pitless adapter shall be provided to cap a well and to establish and maintain a tight junction between the well casing.
(2) 
The well cap, seal and/or pitless adapter shall comply with the National Sanitation Foundation Basic Criteria for Pitless Well Adapters or equal as approved by the Health Department.
[Added 2-8-2000 by L.L. No. 1-2000[1] ]
Upon the completion of construction:
A. 
If no waiver was required, the applicant shall submit to the Building Inspector of the Town of Mamakating a certification signed by the applicant or the well driller, under the penalties of perjury, that all construction has been completed in full accordance with the standards set forth in 10 NYCRR, Appendix 5-B, Rural Water Supply, and in full compliance with Chapter 195 of the Town Code of the Town of Mamakating, together with the submission of drilling logs and sample analysis.
B. 
In the event that a waiver was required, the applicant shall submit to the Building Inspector of the Town of Mamakating a certification signed by a professional engineer licensed in the State of New York, under the penalties of perjury, that all construction has been completed in full accordance with the approved plan, together with the submission of drilling logs and sample analysis.
C. 
Upon receipt and approval of either of the certifications required above, together with the submission of drilling logs and sample analysis, the Building Inspector of the Town of Mamakating shall issue a certificate of compliance to the applicant.
[1]
Editor's Note: This local law also renumbered former § 195-6, Enforcement official, and former § 195-7, Penalties for offenses, as §§ 195-7 and 195-8, respectively.
This chapter shall be enforced by the Town Building Inspector or assistant thereto through the appropriate New York State court.
[Amended 12-7-1989 by L.L. No. 5-1989; 10-4-1990 by L.L. No. 7-1990]
It shall be unlawful for any landowner and/or well driller or installer to install or drill a water source or well in violation of any provision of this chapter. Any person who violates the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, General Provisions, Article II.