New York Codes, Rules and Regulations
Appendix 5-B
Section 5-B.1 - Application and definitions

Current through Register Vol. 44, No. 14, April 6, 2022

(a) Applicability.

(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 Title.

(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 respective jurisdictions.

(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 Institute.

(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.

(9) Drive 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 properties.

(12) Hydrofracturing 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 yield.

(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 Foundation.

(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 produced.

(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 Code.

(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 thickness.

(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 Laboratories.

(24) USDA means the United States Department of Agriculture.

(25) USFDA means the United States Food and Drug Administration.

(26) Water 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 well casing.

(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 (gpm).

N.Y. Comp. Codes R. & Regs. Tit. 10app 5-B § 5-B.1

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