When any well to be plugged may safely be used as a fresh water well, and such utilization is desired by the landowner, the well bore need not be filled above the required plug placed below the deepest potable fresh water level. Permission for such plugging and conversion procedure will be issued by the department upon application therefor from the owner or operator accompanied by a written statement from the landowner granting authority for such action and accepting full responsibility for the well.
N.Y. Comp. Codes R. & Regs. Tit. 6 § 555.6