Current through Register Vol. 44, No. 14, April 6, 2022
(1) This regulation applies to
water wells used for drinking, culinary and/or food processing purposes and is
the minimum standard for construction, renovation, development and abandonment
of such water wells. Additional requirements may need to be met for certain
water wells that serve a public water system as defined in Subpart 5-1 of this
(2) Installation of new and
replacement water wells shall meet all of the applicable provisions of this
Appendix. Deviations may only be allowed at the discretion of the Department or
local health department in accordance with: a waiver issued pursuant to Part 75
of this Title; or a variance issued pursuant to Subpart 5-2 of this Title; or a
written approval issued by the Department or local health department prior to
December 1, 2005; or a written approval granted by a local health department
pursuant to a local sanitary code.
(3) Other state agencies, regional
authorities, and local health departments with authority to regulate water
wells may establish additional requirements for water wells within their
(b) Definitions - As used in this regulation,
the following words and terms shall have the indicated meaning:
(1) Adequate means sufficient to accomplish
the purpose for which something is intended, and to such a degree that no
unreasonable risk to health or safety is presented. An item installed,
maintained, designed and assembled, an activity conducted, or act performed, in
accordance with generally accepted standards, principles or practices
applicable to a particular trade, business, occupation or profession, is
adequate within the meaning of this Appendix.
(2) Air lift test means a method of
performing a water well yield test by pumping air through an inductor pipe to
force water out of an eductor pipe. The inductor pipe is submerged to a depth
generally about 60 percent below the static water level to allow for successful
completion of the test. The drill pipe is utilized as the inductor pipe/air
delivery mechanism and the casing and/or borehole as the eductor. The flow rate
of water in gallons per minute (gpm) is determined as the water exits the top
of the well. The drop of air pressure in the inductor pipe can be used to
estimate the drawdown in the well.
(3) API means American Petroleum
(4) ASTM means American
Society for Testing and Materials.
(5) Bailing test means a method of estimating
well yield by bailing a known quantity of water from static water level and
maintaining a stabilized water level over a measured period of time.
(6) Contaminant includes but is not limited
to any physical, chemical, microbiological or radiological substance or matter
in water that can be present at levels of public health concern.
(7) Decommissioning means the act of filling,
sealing and plugging water wells in accordance with the requirements of Section
5-B.6(a) of this regulation such that the continued existence of the well will
neither pose a health or safety hazard nor serve as a conduit for contaminant
migration to or within the aquifer.
(8) Department means the New York State
Department of Health.
shoe means a beveled cutting edge attachment to the bottom of the first section
of permanent steel casing to protect the casing as it is being driven and to
provide firm seating in consolidated geologic materials.
(10) GPM means gallons per minute.
(11) Grout means a material that has a low
permeability, such as neat cement, bentonite slurry, bentonite chips, bentonite
pellets, granular bentonite, or other materials that have equivalent sealing
means the procedure of pumping water and/or sand and/or small particles of
high-strength plastic into a geologic formation to induce fracture and increase
(13) Local health department
means a city, county, or part-county department of health.
(14) NSF means the National Sanitation
Foundation International, formerly known as National Sanitation
(15) Person means an
individual, corporation, company, association, partnership, State agency, or
municipality, including a county.
(16) Pitless adapter means an assembly of
parts that will permit water from a well to flow through the wall of the well
casing, or extension thereof, into a pipe leading to a building or other point
of water use, and that shall be constructed and installed in a manner to
prevent the entrance of contaminants into the well and the water
(17) Pitless unit means a
factory produced assembly that is threaded or welded to the casing below grade
which provides access to the well for maintenance and repair and shall be
constructed and installed in a manner to prevent the entrance of contaminants
into the well and the water produced.
(18) Potable water means water which meets
the water quality requirements established in Subpart 5-1 of the State Sanitary
(19) Public water supply well
means a water well used or intended for use for a public water system as
defined in Subpart 5-1 of the State Sanitary Code.
(20) SDR means "standard dimension ratio"
which means the ratio of average outside pipe diameter to minimum pipe wall
(21) Stabilized water
level occurs when water in a well has achieved steady state during a period of
constant rate withdrawal of groundwater (i.e. stabilized drawdown).
(22) Static water level is the natural water
level in a well not being pumped or in a well fully recovered after pumping, as
measured from the top of the well casing or the ground surface.
(23) UL means Underwriters
(24) USDA means the
United States Department of Agriculture.
(25) USFDA means the United States Food and
well (well) shall mean any excavation for the purpose of obtaining ground water
for drinking, culinary and/or food processing purposes, with installed
components (including well casing, screen, grout, adapters, et al.).
(27) Water well drilling or water well
drilling activities shall mean the construction or reconstruction of water
wells, the establishment or repair of a connection through the well casing and
the repair of water wells including repairs which require the opening of the
(28) Well casing means
watertight, non-porous material used to maintain a well opening and provide
access to the interior of the well.
(29) Well development or redevelopment of a
water well means actions to remove clay, silt, fine sand and/or
organic/inorganic deposits from the aquifer and/or gravel packing to increase
porosity and permeability of the aquifer formation and to minimize continued
pumping of clay, silt and fine sand while obtaining water without changing the
physical construction of the well. Such actions include bailing, jetting, air
lifting, pumping, surging, hydrofracturing and/or chemical treatment.
(30) Well renovation means changes or repairs
to water well.
(31) Well yield
means a sustainable quantity of water per unit of time that may flow from or be
pumped continuously from a well and is usually expressed as gallons per minute
N.Y. Comp. Codes R.
& Regs. Tit. 10app 5-B §