§ 15-1528. Moratorium on the drilling of new wells in the Lloyd Sands.\n 1. The department is directed to identify those areas of Long Island\nwithin the counties of Kings, Queens, Nassau and Suffolk which, for the\npurposes of this section, shall be considered coastal communities.\n 2. A moratorium shall be established on the granting of new permits to\ndrill public water supply, private water supply or industrial wells into\nthe Lloyd Sands or to permit new withdrawals of water from the Lloyd\nSands or to permit the storage or pumping of water into the Lloyd Sands.\nSuch moratorium shall apply to all areas that are not coastal\ncommunities, provided however that such moratorium shall apply to all\nareas including coastal communities for the storage or pumping of water\ninto the Lloyd Sands. The waters of the Lloyd Sands shall be reserved\nfor the use of coastal communities during the moratorium, however,\nnothing required herein shall affect the permits of wells presently\nscreened in the Lloyd Sands and withdrawing water therefrom.\n 3. The moratorium shall be lifted upon a directive from the\ncommissioner. The directive shall be based upon his finding that\nsufficient research has been conducted so as to provide a sound working\nknowledge of the details, dynamics, water volume, and levels of safe\nwithdrawal appropriate to maintain a safe quantity of Lloyd Sands water.\nFurther, the commissioner must find that a workable program is in place\nthat can properly administer a well permit program for the Lloyd Sands\nwater. Such program shall take into account both the localized and\nregional aspects and implications of Lloyd Sands water withdrawals, with\nspecial attention given to the prevention of water contamination and\nsalt water intrusion. The program must ensure that a safe level of\nwithdrawal from the Lloyd Sands is not exceeded.\n 4. The commissioner may grant exemptions to the moratorium upon a\nfinding of just cause and extreme hardship. Such exemptions shall not\napply to the storage or pumping of water into the Lloyd Sands. An\nadjudicatory hearing shall be held and findings presented to the\ncommissioner prior to the granting of an exemption.\n
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