Town of Chester, NY
Orange County
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[HISTORY: Adopted by the Town Board of the Town of Chester 7-24-1990 by L.L. No. 5-1990. Amendments noted where applicable.]
Water — See Ch. 95.
In response to the increasing development in the Town of Chester and the potential impact of the drilling of new wells or the increased utilization of existing wells in the Town, the Town Board hereby finds that certain safeguards must now be implemented to ensure that the development of new water usage will not harm or detrimentally affect existing supplies.
Unless specifically exempted from this requirement, persons or business entities of any kind wishing to open a pump for more than 48 hours in any new or existing well at a rate of 10 gallons per minute (GPM) or more within the Town shall, before engaging in any such activity:
Submit an application with a fee of $50 to the Town Engineer with the following information:
The name(s) and addresses (both local and legal) of owners of record.
The names and addresses of developers and any companies to be used in doing open well testing or well drilling.
The dates and times of proposed testing.
Pump horse power and estimated volume in GPM of testing.
Notify, by certified mail, return receipt requested, property owners within 1,000 feet of the well to be tested at least 10 days before the commencement of testing, of the specific dates and times that tests are to be conducted.
Sign an agreement, to be provided by the Town of Chester, to save and hold harmless the Town of Chester, its boards and departments from any claims or damages which may arise by reason of said testing.
The Town Engineer shall review and, if all appropriate information has been provided, approve any well testing covered by this statute. Such approval shall be indicated on the completed application, showing the date and time given. In so doing, the Town Engineer may cause the applicant to send notice to an enlarged area for good cause. The Town Engineer may also require the applicant to conduct an interference study and monitor as many adjacent wells as he deems necessary to fulfill the purpose of this chapter.
Any violations of this chapter shall be prosecuted by the Town of Chester Attorney upon the sworn deposition of the Town Engineer in the Town of Chester Justice Court. The penalty for any such violation shall not be more than $1,000 for a first offense and $2,500 for succeeding offenses.