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.
As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONED WELL
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.
APPLICANT
The owner, lessee or other person having the possession and
control of property on which a well is to be constructed or abandoned.
APPROVED TESTING METHODS
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)].
AQUIFER
A water-bearing formation (soil or bedrock) that stores and
transmits groundwater in sufficient quantities to supply a well.
BOARD OF HEALTH
The City of Corning Board of Health or its designated representatives
acting pursuant to Public Health Law 1308.
COUNTY
Steuben County, New York.
DISINFECTION
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.
GROUNDWATER
All subsurface water in the vadose (unsaturated) and phreatic
(saturated) zones occurring naturally in soil and rock.
INSTALLATION OF PUMPS AND PUMPING EQUIPMENT
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.
NONPOTABLE WATER
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.
PERMITTEE
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.
PERSON
Any individual, public or private corporation, political
subdivision, government agency, municipality, industry, copartnership,
association, firm, trust, estate or any other legal entity.
POLLUTANT
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.
POLLUTED WATER
Nonpotable water unfit for human consumption because it contains
one or more pollutants.
POTABLE WATER
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.
PUMPS AND PUMPING EQUIPMENT
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.
RECONSTRUCTION
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).
REPAIR
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.
SANITARY SURVEY
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.
SPECIFIC CAPACITY
The rate of yield of well per unit drawdown expressed either
as gallons per minute per foot or as liters per minute per meter.
TEMPORARY CAPPING
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.
WATER WELL CONTRACTOR
Any person, firm or corporation engaged in the business of
constructing water wells.
WELL
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.
YIELD
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.
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.
Upon satisfactory completion of the requirements of the permit-issuing official as contained in §§
235-5 and
235-6 of this chapter, a certificate of compliance will be issued to the applicant.
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.
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.
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.
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.
All water withdrawn from wells constructed after
this chapter takes effect shall meet the requirements of the City
of Corning Sewer Use Law.
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 of this chapter shall be used as the basis for issuing
or denying a permit.