N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-2.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5-2.3 - Definitions

As used in this Subpart:

(a) Abandoned well means 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 ground water supply is impracticable.

(b) Applicant means the owner, lessee or other person having the possession and control of property on which a well is to be constructed or abandoned.

(c) Construction of water wells means all acts necessary to obtain ground water by wells, including the location and excavation of the well.

(d) Permit-issuing official means the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, the State regional health director or area director having jurisdiction, a grade I or grade II public health administrator qualified and appointed pursuant to Part 11 of this Title, or any county health director having all the powers and duties prescribed in section 352 of the Public Health Law. The health commissioner or health officer of a city of 50,000 population or over, or the health commissioner or health officer of a county or part-county health district, or such grade I or grade II public health administrator or county health director may designate the director of environmental health of such district; and the State regional health director or area director may designate the district sanitary engineer as additional persons authorized to issue the permits required by this Part.

(e) Installation of pumps and pumping equipment means 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.

(f) Person means any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity.

(g) Pumps and pumping equipment means any equipment or materials utilized or intended for use in withdrawing or obtaining ground water for any use; including, without limitation, seals and tanks, together with fittings and controls.

(h) Yield means the quantity of water per unit of time which may flow or be pumped from a well at a stabilized drawdown water level.

(i) Specific capacity means the rate of yield of well per unit drawdown expressed either as gallons per minute per foot or as liters per minute per meter.

(j) Water well contractor means any person, firm, or corporation engaged in the business of constructing water wells.

(k) Well means 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 ground water, 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.[FN1]

[FN1] Counties wishing to do so may include within the coverage of this definition de-watering, seismological, geophysical, prospecting, observation or test wells.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-2.3