[HISTORY: Adopted by the Town Board of the
Town of Mamakating 2-2-1989 by L.L. No. 1-1989. Amendments noted where
applicable.]
[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.
PERSON
UNDEVELOPED LOT
WELL OR WATER SOURCE
As used in this chapter, the following terms shall
have the meanings indicated:
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.
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]
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.
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.
