[HISTORY: Adopted by the Town Board of the Town of Bethel 6-22-1995 by L.L. No. 3-1995. Amendments noted where applicable.]
By the adoption of this chapter, the Town Board of the Town of Bethel declares its intent to regulate the installation of wells in the Town of Bethel in a manner consistent with the New York State Health Department Administration Rules and Regulations, Part 72 (Appendix A), and the Public Health Service Drinking Water Standards of 1962 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 regulatory procedure and in the exercise of its police power in these regards, the Town Board of the Town of Bethel 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.
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, farm, partnership, corporation or association of persons, and the singular number shall include the plural number.
The New York State Health Department Administration Rules and Regulations, Part 72 (Appendix A), and the Public Health Service Drinking Water Standards of 1962 referred to in this chapter may be found outlined in the Rural Water Supply Bulletin published by the New York State Department of Health in 1966 or the most recent revision, as amended from time to time.
It is hereby required that a well drilling permit be obtained from the Town Code Enforcement Officer prior to commencement of installation or drilling of a new well or water source or any repair requiring redrilling of an existing well.
A fee schedule adopted by the Town Board of the Town of Bethel will determine the fees for application and issuance of a Town of Bethel well drilling permit.
Prior to the issuance of any well drilling permit under this chapter, the applicant shall complete an application form in a form approved by the Town Board of the Town of Bethel, which shall be executed by both the owner(s) of the premises upon which a well is sought to be drilled, and shall further be executed by the person proposing to drill such well.
Prior to the issuance of a well drilling permit, the applicant shall provide proof of sufficient workers' compensation coverage and liability insurance coverage satisfactory to the Town Code Enforcement Officer.
General. Water wells shall be of such materials and located, constructed, developed and protected as described in the Rural Water Supply Bulletin and in accordance with good well drilling practice.
The well shall be constructed in an accessible location which is not subject to flooding and at a distance from potential sources of pollution on the owner's property or on adjoining properties which is not less than that stated in Table 3 of the Rural Water Supply Bulletin.
When a well is located adjacent to a building, it shall be so located that the center line of the well, extended vertically, will clear any projection from the building by not less than five feet. The top of the well casing shall be readily accessible.
Depth. The well shall be developed from a water-bearing formation at a depth greater than 20 feet below the ground surface.
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.
The depth of the casing shall comply with the requirements of Table 5 of the Rural Water Supply Bulletin, and the top of the casing shall terminate 18 inches above the ground surface or pumphouse floor, and two feet above possible flood level.
The well casing diameter for a well in rock shall be not less than six inches (four inches in sandstone or gravel).
Each section of casing shall be joined with standard drivepipe couplings and ample full-threaded joints or by proper welding so that all joints shall be sound and watertight as installed in the well.
Well casing alignment shall not interfere with the proper installation and operation of the pump.
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.
Construction shall seal off, insofar as practicable, waterbearing formations that are or may be polluted.
The well shall be constructed so that no unsealed opening will be left around the well.
The well shall be thoroughly developed by proper means to produce yield sufficient to supply the building(s), premises or structures for which the use of the well is intended, clearing it of all excessive sand, silt and turbidity.
Water used for well construction shall be of satisfactory sanitary quality.
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.
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.
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 which is sufficient to service the building(s), premises, structure(s) and improvements for which said well is intended.
Disinfection. The well shall be pumped until clear and then disinfected as explained in the Rural Water Supply Bulletin.
Capping. Temporary capping of the well until the pumping equipment is installed shall be such that no pollutant can enter the well.
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 Bethel Building Department.
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 Bethel Building Department.
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 Code Enforcement Officer. A copy of this bacteriological report shall be filed with the Town of Bethel Building Department.
Well seal and pitless adapter.
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.
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.
This chapter shall be enforced by the Town Code Enforcement Officer or assistant thereto, or such other person designated by the Town Board, through the appropriate New York State court.
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 commits or permits any acts in violation of any of the provisions of this chapter shall be deemed to have committed an offense and shall be liable for the penalty provided herein. Each day any violation shall continue or be permitted to continue to exist shall be constituted as a separate violation.
For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than $250 or imprisonment not to exceed 15 days, or to both such fine and imprisonment.
Any person violating this chapter shall be subject to a civil penalty enforceable and collectable by the Town in the amount of $250 for each such offense. Such penalty shall be collectable by and in the name of the Town for each day that such violation shall continue.
The Justice Court of the Town of Bethel shall have original and trial jurisdiction over summonses and appearance tickets served and informations filed charging a violation of this chapter. Trials shall be before the Court without jury.
In addition to the above-provided penalties and punishment, an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction of the violation of this chapter may be commenced by any of the following:
In addition, upon a conviction for any violation of any provision of this chapter and/or a judgment rendered by a court of competent jurisdiction compelling compliance with or granting a restraint by injunction of the violation of this chapter, the Town Board, through its authorized agent as set forth hereinabove, shall be entitled to recover all costs, disbursements and professional fees and expenses, including but not limited to legal fees and engineering fees necessarily incurred by the Town in connection with the prosecution of any person and/or entity for a violation of any provision of this chapter.