N.Y. Comp. Codes R. & Regs. tit. 10 app. 5-D § 5-D.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 5-D.2 - Water Well Location and Protection

(a) Wells serving public water systems shall be located such that the owner of the water system possesses legal title to lands within 1002 of the well and the owner controls by ownership, lease, easement or other legally enforceable arrangement the land use activities within 2002 of the well. Hydrogeologic evaluations and source water assessments should be used to determine appropriate separation from potential contaminant sources. Where no evaluations are available, the minimum separation distances shall be those specified for public water system wells in Table 1.

(b) Where these ownership/control distances or separation distances specified in subdivision (a) of this Section cannot be achieved, including but not limited to the installation of in-kind replacement wells at existing well fields, and alternative water sources have been considered, use of such well location may be allowed by the Department or local health department having jurisdiction along with such additional measures as needed to prevent contamination of the water well and/or to otherwise provide potable water. Additional measures may include evaluation of local hydrogeology, including consideration of available water and soil quality information and historic water quality trends, and may include consideration of available source water assessments.

N.Y. Comp. Codes R. & Regs. Tit. 10 app 5-D § 5-D.2