[HISTORY: Adopted by the Board of Health 3-3-1997. Amendments
noted where applicable.]
The City of Corning Board of Health accepts
the premise that an abundant source of potable water is essential
to the public's health, safety and welfare and to the continued socioeconomic
growth of the community. The City of Corning's sole source of supply
for potable water is the groundwater that lies beneath the city. This
supply is subject to contamination from a variety of sources. It is
essential that this aquifer be protected from contamination due to
improper construction, operation, maintenance and abandonment of water
wells. It is for this purpose that the following regulations have
been promulgated.
A.
Minimum requirements are hereby prescribed governing
the location, construction, operation, maintenance and abandonment
of water wells used for nonpotable purposes other than municipal or
public sources, together with procedures relating thereto, in implementation
of this chapter. No person shall construct or abandon, or cause to
be constructed or abandoned, any water well, nor shall any person
install, or cause to be installed, any pump or pumping equipment contrary
to this chapter. Drilling of private wells for the purpose of providing
potable water shall be prohibited. Distribution of water beyond the
point of discharge from the storage or pressure tank, or beyond the
point of discharge from the pump if no tank is employed, and to wells
used or intended to be used as a source of water supply for public
water supply systems, or to any pump, well or other equipment used
temporarily for dewatering purposes shall comply with all other applicable
state and local regulations.
B.
Nothing contained hereafter shall eliminate, impair
or diminish the obligation to conform to the water quality standards
set forth by the City of Corning Sewer Use Law.
As used in this chapter, the following terms
shall have the meanings indicated:
A well whose use has been permanently discontinued. A well
shall be deemed abandoned if it is in such a state of disrepair that
continued use for the purpose of obtaining a satisfactory groundwater
supply is impracticable.
The owner, lessee or other person having the possession and
control of property on which a well is to be constructed or abandoned.
All those relevant sample collection, preservation, analytical
and statistical reporting methods known to accurately and precisely
represent physical, chemical, biological and radiological parameters
of interest or concern in water, wastewater or waste. Approved testing
methods shall be regulatory or consensus standards and shall include
the current editions of, but shall not be limited to, Standard Methods
for the Examination of Water and Wastewater [American Public Health
Association (APHA), American Water Works Association (AWWA), Water
Pollution Control Federation (WPCF)] and Methods for Chemical Analysis
of Water and Wastes [Environmental Protection Agency (EPA)].
A water-bearing formation (soil or bedrock) that stores and
transmits groundwater in sufficient quantities to supply a well.
The City of Corning Board of Health or its designated representatives
acting pursuant to Public Health Law 1308.
All acts necessary to obtain groundwater by wells, including
the location and excavation of the well.
Steuben County, New York.
Sanitization or bactericidal and other germicidal treatment
of a well or a water supply by a process approved by the Department
that provides either sufficient accumulative heat or minimum concentration
of approved chemical sanitizing or disinfection agents for a sufficient
contact time and under specified conditions to destroy or to substantially
reduce to a safe and acceptable level, as determined by approved test
methods, microorganisms, including pathogens, while being neither
damaging to materials and equipment nor hazardous to the health or
safety of workers or consumers.
All subsurface water in the vadose (unsaturated) and phreatic
(saturated) zones occurring naturally in soil and rock.
The procedure employed in the placement, protection and preparation
for operation of pumps and pumping equipment, including all construction
involved in making entrance to the well and establishing seals.
Water that does not meet New York State Department of Health
Water Quality Standards, but which may be used for other purposes
pursuant to these regulations.
The Superintendent of Public Works or a designated representative.
Any person to whom a valid permit has been issued by the
Board of Health for the purpose of well construction, reconstruction,
repair, registered use, reclaimed use, temporary capping or permanent
sealing pursuant to this chapter.
Any individual, public or private corporation, political
subdivision, government agency, municipality, industry, copartnership,
association, firm, trust, estate or any other legal entity.
A contaminant whose form, concentration or other presence
in water exceeds acceptable criteria and standards for potable, safe
drinking water prescribed by the New York State Department of Health.
Nonpotable water unfit for human consumption because it contains
one or more pollutants.
Water which is safe for human consumption, as determined
by water quality standards adopted by the New York State Department
of Health, in that it is free from impurities in amounts sufficient
to cause acute or chronic disease, toxicity or other adverse or harmful
physiological effects by exposure through ingestion, inhalation, skin
and eye absorption or other routes of entry.
Any equipment or materials utilized or intended for use in
withdrawing or obtaining groundwater for any use; including, without
limitations, seals and tanks, together with fittings and controls.
Work which includes the removal or insertion of the well
casing, screen or modification to the well diameter or depth below
the upper termination of the well casing (the point 12 inches above
grade; or any chemical or physical process designed to increase yield
from the well).
Any approved action upon an existing well that results in
a breaking or opening of the sanitary well seal or in the replacement
of a pump or well appurtenances, but shall exclude any and all reconstruction.
A comprehensive inspection, inventory and testing of a water
supply system, including the well and its appurtenances, building
plumbing and water storage, treatment and use devices with emphasis
on the sources of contamination to protect public health and safety.
The rate of yield of well per unit drawdown expressed either
as gallons per minute per foot or as liters per minute per meter.
The sapping or secure watertight covering of a new well prior
to placement into service, an existing well temporarily removed from
service or an unused or abandoned well not permanently sealed when
permitted by the Board of Health pursuant to this chapter.
Any person, firm or corporation engaged in the business of
constructing water wells.
Any excavation that is drilled, cored, bored, washed, driven,
dug, jetted or otherwise constructed when the intended use of such
excavation is for the location or acquisition of groundwater, but
such term does not include an excavation made for the purpose of obtaining
or for prospecting for oil, natural gas, minerals or products of mining
or quarrying, or for inserting media to repressure oil or natural
gas-bearing formation or for storing petroleum, natural gas or other
products.
The quantity of water per unit of time, per foot of drawdown
which may flow or be pumped from a well at a stabilized drawdown water
level.
No private water well, the purpose of which
is to supply potable water for drinking, culinary, food processing
or any other potable purpose shall be permitted as per 9 NYCRR Part
902.1.
No person or entity shall construct, reconstruct,
repair or abandon a water well or well pump within the City of Corning
without having first notified the Board of Health and obtaining the
necessary permits from the permit-issuing official. Notification shall
be made in writing upon permit forms furnished by the City of Corning
Board of Health. Such notification shall be made in duplicates with
one copy remaining on file with the Board of Health.
A.
An application for permission to construct, reconstruct
or repair a water well shall be submitted by the applicant or his/her
agent and contain the following information:
(1)
Name and address of applicant.
(2)
Legal or other description adequate to locate the
property and the well.
(3)
Name and address of the water well contractor.
(4)
Estimated depth in feet and method of construction.
(5)
Purpose for which well is to be used and desired yield.
(6)
Proposed diameter of the well and drill hole in inches.
(7)
Type and depth of the proposed well casing.
(8)
Approximate distance and relative elevation to well
of any potential sources of groundwater pollution which may be located
within 200 feet of such well, including, without limitation, the following:
sewage seepage pit, sewage filter bed, sewage disposal field, underground
sewers, septic tank, stormwater drain, building foundation drain,
abandoned well, other well, sink hole, stone quarry, mine, rainwater
cistern, solid waste disposal site, calcium or salt piles, petroleum
bulk storage, chemical storage site or any other potential source
of contamination, and the location of all public utilities.
(9)
Distance to well from existing and proposed structures,
as well as property lines located within 100 feet.
(10)
Statements of whether site is subject to flooding.
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Failure to provide all relevant information
shall mean that the application is incomplete and shall not be processed
until such information is made available to the permit-issuing official.
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B.
An application for permission to abandon a water well
shall be submitted by the applicant or his/her agent if such well
is to be sealed or closed to protect the aquifer from pollution and
prevent a hazard to life or property. The application shall contain
the following information:
(1)
Name and address of the applicant.
(2)
Legal or other description adequate to locate the
property and the well.
(3)
Name and address of the water well contractor employed
to perform the work herein required for abandonment.
(4)
Type and description of well.
(5)
Reason for abandonment.
(6)
Description of work to be performed to effect abandonment.
If the permit-issuing official finds that an
application fails to meet the requirements for issuance of a permit
of use as hereinabove provided he or she shall issue a notice of permit
denial. Such notice shall:
A.
State the grounds for disapproval; and
B.
Be served upon the applicant or his/her agent; provided,
however, that such notice shall be deemed to be properly served upon
such applicant or agent if a copy thereof is sent by registered or
certified mail to his/her last known address or if he/she is served
by such other methods as are or may be authorized under the laws of
this state governing personal service of process upon individuals.
Such notice may state any remedial action which, if taken, will effect
compliance with this chapter and permit approval of the application.
A.
The permit-issuing official shall issue a construction
or abandonment permit whenever he or she finds that an application
is in proper form and contains required information, provided that
on the basis of the information therein contained, the proposed location,
construction, abandonment or installation will not be contrary to
applicable law, rules or regulations. The permit-issuing official
shall file a copy of the permit with the Board of Health along with
any pertinent information.
A.
No well shall be used or operated without a registered
well use permit.
B.
Owners of new wells shall apply for a registered well
use permit upon satisfactory completion of the terms and conditions
of their well construction permit. Upon renewal or significant change
of circumstances, the Board of Health reserves the right to set additional
terms and conditions for the operation and use of any well. These
terms and conditions will be stated on the registered well use permit.
This permit shall be renewed on a five-year basis after the permit-issuing
official conducts a site inspection and all terms and conditions of
this chapter are met. Each well that is permitted shall be assigned
a unique identification number by the Board of Health and shall be
issued by the permit-issuing official.
Within 30 days of the completion of water well
construction, the applicant or his or her agent shall:
A.
Pump the well until the water is clear;
B.
Disinfect the well in accordance with the requirements
of the permit-issuing official; and
C.
Submit a well log to the permit-issuing official.
Such well log shall specify the well location, depth and diameter,
formations penetrated, casing length, extent and nature of grouting,
well output tests and associated water levels and any other information
required by the permit-issuing official. In addition, analytical data
of the water quality associated with such well shall be submitted
when available.
A.
Completed works under this chapter shall be subject
to monitoring for contaminants. Schedule of monitoring shall be established
during the permitting process by the permit-issuing official in consultation
with the Board of Health. Such monitoring schedule shall take into
account the hazards present and the site conditions under which the
well will operate, and water quality testing shall be done by a New
York State certified laboratory.
B.
No person shall construct and operate a water well
in a manner that shall adversely affect the available water supply
of other well owners. The Board of Health, at its discretion, may
require the applicant for well construction to monitor static levels
in adjacent wells during the initial pump test and to require changes
in design to mitigate impact on adjacent wells.
C.
All monitoring requirements will become part of the
well owners registered well use permit and will be subject to review
and renewal on an annual basis.
An applicant may appeal to the Board of Health
a decision by the permit-issuing official or may petition the Board
of Health to reconsider its decision under this chapter. The appeal
shall be in writing, filed with the City Clerk and set forth the reasons.
Any review of an application will be suspended pending a decision
of the appeal. The Board of Health will decide any appeal under this
chapter within 62 days and shall notify the applicant of its decision
in writing, which will also be filed in the office of the City Clerk.
The decision on appeal may affirm, modify or reverse the decision
appealed. If the applicant is not satisfied with the decision of the
Board of Health, any further review shall be pursuant to Article 78
of the Civil Law Practice and Rules in a proceeding commenced in New
York State Supreme Court, County of Steuben. Such a proceeding shall
be instituted within 30 days after the filing of the decision of the
Board of Health in the office of the City Clerk.
A.
The Board of Health shall have authority to consider
and grant use and area variances. Use variances shall not be granted
by the Board without a showing by the applicant that unnecessary hardship
exists in following these regulations. To prove such unnecessary hardship,
the applicant must demonstrate that:
B.
Area variances shall not be granted by the Board of
Health until the benefit of a variance to the applicant is weighed
against the detriment to the health, safety and welfare of the city.
The Board of Health shall consider the following before making its
determination:
(1)
Whether special circumstances or conditions exist
that do not apply generally to other property in the same vicinity.
(2)
Whether the variance will materially or adversely
affect the health, safety or welfare of persons residing or working
in the area adjacent to the property of the applicant.
(3)
Whether the variance will be materially detrimental
to the public welfare or injurious to property or improvements in
the area adjacent to the property of the applicant.
(4)
Whether the requested area variance is substantial.
(5)
Whether the alleged difficulty was self-created.
(6)
Whether the variance will decrease the water quality
of the affected aquifers.
C.
Economic considerations alone shall not constitute
unnecessary hardship or practical difficulty under the terms of these
regulations. The Board of Health may impose reasonable conditions
and restrictions in the granting of variances to ensure compliance
with these regulations and protect adjacent properties and the public
interest. These conditions and restrictions will be stated on the
registered well use permit. A violation of any condition set forth
in a variance shall automatically terminate the variance. The Board
shall grant the minimum variance that it shall deem necessary and
adequate while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the city.
D.
Variance applications and appeals.
(1)
An application for a variance shall be filed with
the Board of Health and shall include:
(a)
Names, addresses and telephone numbers of the
applicants and the owners if different from the applicants.
(b)
Legal description of the property.
(c)
Site and/or development plans showing all pertinent
dimensions, buildings and significant natural features affecting the
variance.
(d)
All necessary state and federal permits.
(e)
Statement describing in detail the practical
difficulty or unnecessary hardship.
(2)
The Board of Health shall hold at least one public
hearing for a variance application. Notice of the purpose, time and
place of such public hearing shall be published in a newspaper of
general circulation of the city at least 10 days prior to the date
of the hearing. The applicant shall pay for the cost of the notice.
(3)
All decisions on variances by the Board of Health
shall be final, except that any aggrieved person shall have the right
to appeal on questions of law and fact within 30 days after receipt
of notice of the Board's decision to the New York State Supreme Court
in the county in which the land is located. No variance application
which has been denied shall be resubmitted for a period of six months
from the date of denial, except on the grounds of new evidence or
proof of change in conditions.
If the permit-issuing official finds an immediate
and significant threat to the environment or public health, safety
or welfare of the citizens of Corning, the registered well use permit
may be temporarily suspended. The permit-issuing official shall notify
the Board of Health of the permit suspension and the reason(s) for
such action. Written notice of suspension of the permit shall be served
personally on the permittee or by registered or certified mail as
soon as reasonably practical. In addition, the, permit-issuing official
may post copies of the notice of suspension of permit on the property.
Said posting shall constitute notice required under this section.
A.
Notice of suspension. Written notice of the suspension
of a permit shall state the effective date of suspension, the nature
of the violation, the facts supporting a violation and a statement
that if the permittee desires to appeal within 10 days he or she must
file a request for a hearing before the Board of Health. The request
for a hearing shall be in writing, state the grounds for appeal and
be served personally or by registered or certified mail by the Board
of Health. Following receipt of a request for an appeal, the Board
of Health shall set a time and place for the hearing as soon thereafter
as practicable, but in no event later than 30 days, and render a decision
within 30 days of the hearing.
B.
Cease and desist orders. Whenever the permit-issuing official has reasonable grounds to believe the construction, reconstruction or repair on any well or well pump violates or does not comply with the provisions of this chapter, the permit-issuing official shall notify the well owner, the owner's agent or the person performing the work to cease and desist all activities until the order has been rescinded. The issuance of a cease and desist order shall not prevent the permit-issuing official from using any of the other authorized remedies available. Service of this order shall be in the manner provided in § 235-7 above and shall contain the same information required in a violation order as provided in § 235-16 below. An applicant may appeal such orders in the manner as a notice of suspension provided above in § 235-15A.
C.
Vacating suspension or cease and desist order. The
suspension or cease and desist order shall not be stayed pending an
appeal or informal review by the Board of Health but may be vacated
upon a favorable reinspection by the permit-issuing official.
A.
All persons or entities operating, constructing, reconstructing,
repairing or abandoning a well shall comply with all provisions of
the rules and regulations and determinations issued in connection
therewith. Unless an alternative party has been identified as the
responsible party, the well owner shall be presumed to be responsible
for any failure to comply with said provisions. The well owner may
offer evidence to rebut this presumption.
B.
The permit-issuing official shall have authority to issue a violation order to the responsible party. The order shall be in writing, identify the well subject to the order, specify the violation and the remedial action to be taken. Appeals shall be made in the manner specified in § 235-13 above. Service of a notice of violation shall be made in the same manner as provided in § 235-7 above.
C.
In the event that the responsible party fails, refuses
or neglects to comply with a violation order within the time specified,
the permit-issuing official shall take such legal action as necessary,
including but not limited to:
(1)
Ordering the responsible party to cease and desist
or stop work.
(2)
Charging the property with a violation in Corning
City Court for each day on which the violation continues to exist
after the date specified for remedial action.
(3)
Each day on which the violation continues, issue an
appearance ticket pursuant to Criminal Procedure Law § 150
charging the responsible party with a violation of this chapter.
Any person who violates these regulations may
be punished by a fine of not less than $25 nor more than $250 per
day for each day the violation occurs or continues.
A.
Upon discovery, the Board of Health shall notify the
property owner or well owner where an unused or an abandoned well
exists that the well must be properly sealed in accordance with these
regulations. The property or well owner shall comply within 90 days
from the date of receipt of written orders. In cases of an immanent
hazard, the compliance time may be reduced accordingly to 30 days
or less to protect the groundwater and public health and safety.
B.
If the owner does not comply within the compliance
time limit, the Board of Health may request that the City Council
contract with a licensed well contractor to have the well properly
sealed.
C.
Any expenses incurred by the City of Corning in properly
sealing, testing, logging or otherwise remediating any such well shall
be the responsibility of the property or well owner and, if subsequently
unpaid, the City Council shall direct the chief fiscal officer of
the City of Corning to levy all costs to the property owner's city
real property tax.
D.
Nothing contained in this chapter shall be construed
to eliminate or impair the criminal sanctions set forth in Penal Law
§ 270.10, Subdivision 2, for criminal abandonment of a well.
All water withdrawn from wells constructed after
this chapter takes effect shall meet the requirements of the City
of Corning Sewer Use Law.[1]
A.
Existing wells may continue to be used as a source
of nonpotable waters if they meet the following conditions:
(1)
The well is constructed or can be reconstructed to
meet the minimum construction standards set forth in these regulations.
(2)
The permit-issuing official deems the water quality
is acceptable for the use intended.
(3)
The use of the well now and in the future shall not
present a threat to the water quality or quantity of the groundwater
resource.
The Board of Health shall be granted access
to all well sites at reasonable times for the purpose of confirming
compliance with these regulations, and such access shall be a term
and condition of all permits.
The Board of Health may waive fees to other
governments or governmental agencies. The permit-issuing official
shall determine the applicability of permit fees.
Provisions and standards applicable to the construction
and location of all water wells and the installation of all pumps
and pumping equipment contained in Appendix A[1] of this chapter shall be used as the basis for issuing
or denying a permit.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
