EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0250*
HOUSE BILL 250
M3, N1 2lr1115
By: Delegate Stewart
Introduced and read first time: January 13, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Private Well Safety Act of 2022 2
FOR the purpose of establishing the Private Well Safety Program in the Department of the 3
Environment to address and manage the contamination of private and domestic 4
water supply wells in the State; establishing the Private Well Safety Fund to award 5
grants to certain counties and households for costs associated with water quality 6
testing and remediation; requiring the Department to utilize a certain online portal 7
to receive and upload certain information and to provide public access to the 8
information; requiring a State–certified laboratory that conducts water quality 9
testing of certain wells to submit to the Department certain results of water quality 10
testing in a certain manner; requiring a contract for the sale of real property on 11
which a certain well is located to include a provision requiring, as a condition of the 12
sale, that certain water quality testing be conducted; and generally relating to 13
private and domestic water supply wells in the State. 14
BY adding to 15
Article – Environment 16
Section 9–4A–01 to be under the new part “Part I. Definitions”; 9–4A–04 through 17
9–4A–10 to be under the new part “Part II. Program and Fund”; and 9–4A–13 18
to be under the new part “Part III. Private Well Water Quality Database” 19
Annotated Code of Maryland 20
(2014 Replacement Volume and 2021 Supplement) 21
BY repealing and reenacting, with amendments, 22
Article – Environment 23
Section 9–4A–01 to be under the new part “Part IV. Residential Rental Property” 24
Annotated Code of Maryland 25
(2014 Replacement Volume and 2021 Supplement) 26
BY adding to 27
Article – Real Property 28 2 HOUSE BILL 250
Section 10–713 1
Annotated Code of Maryland 2
(2015 Replacement Volume and 2021 Supplement) 3
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
That the Laws of Maryland read as follows: 5
Article – Environment 6
PART I. DEFINITIONS. 7
9–4A–01. 8
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(B) “CONTAMINATION ” MEANS THAT WATER QUALITY TESTIN G FOR A 11
COVERED HOUSEHOLD DE MONSTRATE D THAT: 12
(1) A SUBSTANCE IS PRESENT THAT EXCEEDS THE LEGAL 13
THRESHOLD LIMIT ON T HE AMOUNT OF THE SUBSTANCE THAT IS AL LOWED IN A 14
PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE DRINKING WATER ACT; OR 15
(2) THERE IS A HARMFUL LE VEL OF ANOTHER CONTA MINANT, AS 16
DETERMINED BY THE DEPARTMENT . 17
(C) “COVERED HOUSEHOLD ” MEANS ONE OR MORE IN DIVIDUALS WHO 18
RESIDE AT A PROPERTY THAT IS SERVED BY A PRIVATE WELL. 19
(D) “ELIGIBLE COUNTY ” MEANS A COUNTY THAT : 20
(1) IS AWARDED A GRANT UNDER THE FUND FOR DISTRIBUTION TO 21
COVERED HOUSEHOLDS T O ASSIST WITH THE CO STS OF WATER QUALITY TESTING 22
AND REMEDIATION ; AND 23
(2) MEETS THE ELIGIBILITY REQUIREMENTS ESTABLISHED UNDER § 24
9–4A–08 OF THIS SUBTITLE. 25
(E) “FUND” MEANS THE PRIVATE WELL SAFETY FUND. 26
(F) “HOTSPOT” MEANS A ZIP CODE WHERE AT LEAST 50% OF THE WATER 27
QUALITY TESTING COMP LETED WITHIN THE PAS T 2 YEARS DETECTED A SUB STANCE 28
THAT EXCEEDS THE MAX IMUM CONTAMINANT LEV EL FOR THAT SUBSTANC E. 29
HOUSE BILL 250 3
(G) “INELIGIBLE COUNTY ” MEANS A COUNTY THAT HAS NOT BEEN AWARDED 1
A GRANT UNDER THE FUND. 2
(H) “MAXIMUM CONTAMINANT L EVEL” MEANS A STANDARD THA T IS: 3
(1) SET BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY OR THE 4
DEPARTMENT FOR DRINKI NG WATER QUALITY ; AND 5
(2) THE LEGAL THRESHOLD L IMIT ON THE AMOUNT O F A SUBSTANCE 6
THAT IS ALLOWED IN A PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE 7
DRINKING WATER ACT. 8
(I) “PRIVATE WELL ” MEANS A P RIVATE OR DOMESTIC WATER SU PPLY 9
WELL. 10
(J) “PROGRAM” MEANS THE PRIVATE WELL SAFETY PROGRAM. 11
(K) “REMEDIATION” INCLUDES: 12
(1) THE DRILLING OF A NEW WELL; 13
(2) CONNECTION TO A PUBLI C WATER SUPPLY ; AND 14
(3) PROVIDING ONGOING TRE ATMENT TO RESOLVE CO NTAMINATION . 15
(L) (1) “WATER QUALITY TESTING ” MEANS WATER QUALITY SAMPLING, 16
TESTING, AND ANALYSIS: 17
(I) CONDUCTED B Y A STATE–APPROVED LABORATORY FOR A 18
PRIVATE WELL; AND 19
(II) OF WHICH THE SAMPLING IS LIMITED TO THE SA ME 20
CRITERIA USED WHEN C ERTIFYING A WELL FOR A NONPUBLIC POTABLE WATER 21
SUPPLY SYSTEM UNDER COMAR 26.04.04.30. 22
(2) “WATER QUALITY TESTING” INCLUDES WATER QUA LITY 23
SAMPLING OF ANY CONT AMINANT OF CONCERN , AS DETERMINED BY THE 24
DEPARTMENT . 25
9–4A–02. RESERVED. 26
9–4A–03. RESERVED. 27
4 HOUSE BILL 250
PART II. PROGRAM AND FUND. 1
9–4A–04. 2
(A) THERE IS A PRIVATE WELL SAFETY PROGRAM IN THE DEPARTMENT . 3
(B) THE PURPOSE OF THE PROGRAM IS TO ADDRESS AND MANAGE T HE 4
CONTAMINATION OF PRI VATE WELLS IN THE STATE. 5
(C) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 6
SUBTITLE. 7
9–4A–05. 8
(A) THERE IS A PRIVATE WELL SAFETY FUND. 9
(B) THE PURPOSE OF THE FUND IS TO AWARD GRANTS TO ELIGIBLE 10
COUNTIES AND COVERED HOUSEHOLDS IN INELIG IBLE COUNTIES FOR COSTS 11
ASSOCIATED WITH WATE R QUALITY TESTING AN D REMEDIATION . 12
(C) THE SECRETARY SHALL ADMIN ISTER THE FUND. 13
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 14
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 15
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 16
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 17
(E) THE FUND CONSISTS OF : 18
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 19
AND 20
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR 21
THE BENEFIT OF THE FUND. 22
(F) THE FUND MAY BE USED ONLY FOR AWARDING GRANTS TO: 23
(1) ELIGIBLE COUNTIES FOR DISTRIBUTION TO COVE RED 24
HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOCIATED WIT H WATER QUALITY 25
TESTING AND REMEDIAT ION; AND 26
(2) COVERED HOUSEHOLDS LO CATED IN AN INELIGIB LE COUNTY TO 27 HOUSE BILL 250 5
ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 1
REMEDIATION . 2
9–4A–06. 3
(A) THE DEPARTMENT SHALL ESTABLISH A GRANT APPLICATION PROC ESS 4
FOR AWARDING A GRANT UNDER THE FUND IN ACCORDANCE WITH THIS SUBTITLE. 5
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 6
DEPARTMENT MAY ESTABL ISH A GRANT APPLICATION FEE. 7
(2) (I) THE APPLICATION FEE F OR AN AWARD FOR WATE R QUALITY 8
TESTING MAY NOT EXCEED $10; AND 9
(II) THE APPLICATION FEE F OR AN AWARD FOR REMEDIATION 10
MAY NOT EXCEED $250. 11
(3) THE DEPARTMENT MAY WAIVE THE APPLICATION FEE ON A 12
CASE–BY–CASE BASIS, BASED ON HOUSEHOLD INCOME . 13
(C) IN AN APPLICATION FOR A GRANT AWARD UNDER THE FUND, A 14
COVERED HOUSEHOLD SH ALL SUBMIT A COPY OF ITS MOST RECENT STATE INCOME 15
TAX RETURN OR AN AFF IDAVIT OF: 16
(1) A FILING OF A HOUSEHOLD INCOME EXEM PTION; 17
(2) A HOUSEHOLD INCOME REDUCTION; OR 18
(3) THE PROJECTED HOUSEHOLD I NCOME FOR THE CURREN T YEAR. 19
9–4A–07. 20
THE DEPARTMENT SHALL : 21
(1) PROVIDE NOTICE TO EACH COUNTY OF: 22
(I) THE FUND; AND 23
(II) THE GRANT APPLICATION PROCESS ESTABLISHED UNDER § 24
9–4A–06 OF THIS SUBTITLE; 25
(2) FOR THE PURPOSE OF IN FORMING COVERED HOUS EHOLDS IN 26
INELIGIBLE COUNTIES , PUBLISH ON ITS WEBSITE INFORMATION ON: 27 6 HOUSE BILL 250
(I) THE FUND; AND 1
(II) THE GRANT APPLICATION PROCESS; AND 2
(3) FOR THE PURPOSE OF IN FORMING PRIVATE WELL OWNERS, 3
PUBLISH ON ITS WEBSITE INFORMATION ON WATER QUALITY TESTIN G, INCLUDING: 4
(I) RESOURCES FOR WATER Q UALITY TESTING AND 5
REMEDIATION ; 6
(II) CONTACT INFORMATION F OR LICENSED WELL DRI LLERS, 7
PUMP INSTALLERS , AND STATE–CERTIFIED WATER QUAL ITY TESTING 8
LABORATORIES ; 9
(III) INFORMATION ON POTENTIAL CONTAMINAN TS OF 10
CONCERN IN THE STATE, BY REGION OR GROUNDW ATER AQUIFER; AND 11
(IV) INFORMATION ON THE IMPORTANCE OF AN NUAL TESTING. 12
9–4A–08. 13
A COUNTY IS ELIGIBLE T O RECEIVE A GRANT AWARD IN ACCORDANCE WITH 14
THIS SUBTITLE IF THE COUNTY AGR EES TO ENGAGE IN OUTREACH AC TIVITIES: 15
(1) TO EDUCATE COUNTY RES IDENTS ON THE EXISTE NCE AND 16
PURPOSE OF THE FUND AND ON THE IMPOR TANCE OF ANNUALLY TE STING WELL 17
WATER FOR CONTAMINAN TS; AND 18
(2) THAT, AT A MINIMUM, INCLUDE: 19
(I) PUBLISHING INFORMATIO N ON THE COUNTY ’S WEBSITE; 20
(II) PROVIDING INFORMATION TO RESIDENTS OVER TH E 21
TELEPHONE WHEN A RES IDENT CALLS THE COUN TY ABOUT WATER QUALITY 22
TESTING OR REMEDIATION OR TH E PROGRAM; AND 23
(III) SUBMITTING THE ANNUAL REPORT TO THE DEPARTMENT 24
IN ACCORDANCE WITH § 9–4A–10 OF THIS SUBTITLE. 25
9–4A–09. 26
(A) IN ACCORDANCE WITH TH IS SUBTITLE, THE DEPARTMENT MAY AWARD 27 HOUSE BILL 250 7
A GRANT UNDER THE FUND TO: 1
(1) AN ELIGIBLE COUNT Y FOR DISTRIBUTION TO COVERED 2
HOUSEHOLDS TO ASSIST WITH THE C OSTS ASSOCIATED WITH WATER QUALITY 3
TESTING AND REMEDIAT ION; AND 4
(2) A COVERED HOUSEHOLD LOCA TED IN AN INELIG IBLE COUNTY TO 5
ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND 6
REMEDIATION . 7
(B) IN AWARDING A GRANT TO AN ELIGIBLE COUNTY UNDER THIS SUBTITLE, 8
THE DEPARTMENT MAY CONSIDER: 9
(1) THE ESTIMATED PROPORT ION OF COVERED HOUSE HOLDS IN THE 10
ELIGIBLE COUNTY ; 11
(2) THE COUNTY ’S SPECIFIC NEEDS REL ATED TO THE COSTS OF 12
ADMINISTERING AND IMPLEMENTING GRANTS UNDER THE FUND; 13
(3) THE COUNTY’S NEED TO ADDRESS PU BLIC HEALTH CONCERNS OR 14
SPECIFIC CONTAMINATI ON CONCERNS ; AND 15
(4) ANY OTHER RELEVANT FA CTOR, AS DETERMINED BY THE 16
DEPARTMENT . 17
(C) (1) THE DEPARTMENT OR AN ELIGIBLE COUNTY SHALL: 18
(I) BASE THE DOLLAR AMOUNT OF A GRANT AWARD FOR WATER 19
QUALITY TESTING ON SAMPLING PARAMETE RS AND COSTS; AND 20
(II) BASE THE DOLLAR AMOUN T OF A GRANT AWARD FOR 21
REMEDIATION ON AN INCOME GUIDELI NE SCALE ESTABLISHED BY THE 22
DEPARTMENT . 23
(2) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY AWARD A GRANT 24
FOR UP TO 100% OF THE COSTS ASSOCIA TED WITH WATER QUALI TY TESTING AND 25
REMEDIATION TO A COVERED HOUSEHOLD TH AT CAN DEMONSTRATE HOUSEHOLD 26
INCOME BELOW 50% OF THE STATE’S MEDIAN INCOME LEVE L. 27
(D) (1) THIS SUBSECTION APPLI ES TO A GRANT AWARD FOR THE COSTS 28
ASSOCIATED WITH REME DIATION. 29
(2) UNLESS A COVERED HOUS EHOLD PROVIDES DOCUM ENTATION TO 30 8 HOUSE BILL 250
THE DEPARTMENT THAT PAYMENT HAS BEEN MADE TO A LICENSED WELL DRILLE R 1
OR PUMP INSTALLER , THE DEPARTMENT OR AN ELIGIBLE COUNTY SHALL MAKE 2
PAYMENT DIRECTLY TO THE LICENSED WELL DRILLER OR PUMP INSTALLER THAT 3
HAS BEEN CONTRACTED TO PERFORM THE REMEDIATION PROJ ECT. 4
(E) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY NOT AWARD A GRANT 5
UNDER THE FUND FOR COSTS ASSOCI ATED WITH: 6
(1) ANY WORK OR TESTING CONDUCTED BEFORE THE GRANT AWARD 7
WAS APPROVED BY THE DEPARTMENT OR ELIGIBL E COUNTY; 8
(2) WELLS SERVING COMMERC IAL ESTABLISHMENTS ; 9
(3) PRIVATE WELLS THAT DO NOT MEET THE ESTABLI SHED 10
CONTAMINATION CRITER IA; 11
(4) DUG WELLS; AND 12
(5) POINT–DRIVEN WELLS . 13
(F) A COVERED HOUSEHOLD MA Y NOT RECEIVE A GRANT AWARD UNDER 14
THIS SECTION MORE TH AN TWICE A YEAR , INCLUDING ONE GRANT AWARD FOR 15
WATER QUALITY TESTING AND ONE GRAN T AWARD FOR REMEDIATION . 16
(G) THE DEPARTMENT SHALL DEVE LOP A LIST OF ADDITI ONAL STANDARDS 17
FOR WATER QUALITY TE STING THAT THE DEPARTMENT DEEMS NECESSARY FOR 18
EACH COUNTY OR ANY S PECIFIC AREA WITHIN A COUNTY, INCLUDING REQUIRING , 19
AS APPROPRIATE , TESTING FOR: 20
(1) MANGANESE; 21
(2) ARSENIC; 22
(3) RADON; 23
(4) MERCURY; AND 24
(5) ALL VOLATILE ORGANIC COM POUNDS FOR WHICH THE RE IS A 25
MAXIMUM CONTAMINANT LEVEL. 26
9–4A–10. 27
(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, A COUNTY THAT RECEIV ED A 28 HOUSE BILL 250 9
GRANT AWARD IN ACCORDANCE WITH T HIS SUBTITLE SHALL S UBMIT TO THE 1
DEPARTMENT A REPORT THAT INCLUDES , FOR THE IMMEDIATELY PRECEDING 2
FISCAL YEAR: 3
(1) THE LOCATIONS OF COVE RED HOUSEHOLDS THAT RECEIVED A 4
GRANT AWARD; 5
(2) THE DOLLAR AMOUNT AWARDED TO EACH HOUSEHOLD , 6
CATEGORIZED BY FUNDI NG FOR WATER QUALITY TESTING AND REMEDIAT ION; 7
(3) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 8
UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 9
EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 10
CATEGORIZED BY ZIP C ODE OR OTHER IDENTIF YING FACTORS; 11
(4) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 12
PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 13
SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T 14
SUBSTANCE, CATEGORIZED BY ZIP C ODE; 15
(5) THE LOCATION OF AREAS OF POTENTIAL CONCERN , INCLUDING 16
THE LOCATION OF HOTS POTS; 17
(6) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 18
CATEGORIZED BY ZIP C ODE; AND 19
(7) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT. 20
(B) ON OR BEFORE JANUARY 1 EACH YEAR, THE DEPARTMENT SHALL 21
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE 22
STATE GOVERNMENT ARTICLE, ON: 23
(1) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED 24
UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT 25
EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE , 26
CATEGORIZED BY COUNT Y AND ZIP CODE; 27
(2) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE 28
PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A 29
SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTAMINA NT LEVEL FOR THAT 30
SUBSTANCE, CATEGORIZED BY COUNT Y AND ZIP CODE; 31
(3) THE LOCATION OF POTEN TIAL HOTSPOTS OR OTH ER AREAS OF 32 10 HOUSE BILL 250
KNOWN CONTAMINATION ; 1
(4) A DESCRIPTION OF THE B ENEFITS REALIZED AND DEFICIENCIES 2
ADDRESSED AS A RESULT OF TH E PROGRAM AND RECOMMEND ATIONS FOR ANY 3
APPROPRIATE LEGISLAT IVE ACTION; AND 4
(5) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN, 5
CATEGORIZED BY ZIP C ODE. 6
9–4A–11. RESERVED. 7
9–4A–12. RESERVED. 8
PART III. PRIVATE WELL WATER QUALITY DATABASE. 9
9–4A–13. 10
(A) THE DEPARTMENT SHALL UTIL IZE AN EXISTING ONLI NE PORTAL: 11
(1) TO RECEIVE THE RESULTS OF WATER QUA LITY TESTING FRO M 12
STATE–CERTIFIED LABORATORI ES AND THE MARYLAND GEOLOGICAL SURVEY; 13
(2) TO UPLOAD CERTIFICATE S OF POTABILITY, RESULTS OF WATER 14
QUALITY TESTING, AND OTHER RELEVANT I NFORMATION SUBMITTED TO THE 15
DEPARTMENT RELATED TO PRIVATE WELLS, ON AT LEAST A QUARTERLY BASIS ; AND 16
(3) TO PROVIDE PUBLIC ACC ESS TO THE INFORMATION RECEIVED 17
UNDER ITEMS (1) AND (2) OF THIS SUBSECTION I N A MANNER THAT IS E ASY TO USE 18
AND CATEGORIZED BY C OUNTY. 19
(B) ON AN ONGOING BASIS , A COUNTY MAY SUBMIT TO THE DEPARTMENT 20
RECORDS OF CERTIFICA TES OF POTABILITY AN D ANY RESULTS OF WATER QUALITY 21
TESTING RECEIVED VOLUNTARILY FROM RESIDENTS. 22
(C) ON A QUARTERLY BASIS , A STATE–CERTIFIED LABORATORY THAT 23
CONDUCTS WATER QUALI TY TESTING OF PRIVATE WELLS FOR THE PURPOSE OF 24
IMPLEMENTING THIS SUBTITLE SHALL SUBMIT TO THE DEPARTMENT THE RESULTS 25
OF EACH WATER QUALITY TEST CONDUCTED BY THE LAB ORATORY IN A MANNER 26
DETERMINED BY THE DEPARTMENT . 27
9–4A–14. RESERVED. 28
9–4A–15. RESERVED. 29 HOUSE BILL 250 11
PART IV. RESIDENTIAL RENTAL PROPERTY. 1
[9–4A–01.] 9–4A–16. 2
(a) An owner of residential rental property that is served by a private [water 3
supply] well shall: 4
(1) Provide for water quality testing every 3 years; 5
(2) Disclose to a tenant the results of the water quality testing; and 6
(3) Notify a tenant: 7
(i) After any water quality test required under item (1) of this 8
subsection is complete; and 9
(ii) Of the most recent water quality test when they sign a lease. 10
(b) (1) The requirements of this subsection apply when a private [water 11
supply] well is contaminated by a substance that exceeds: 12
(i) The maximum contaminant level for that substance that is set 13
by the U.S. Environmental Protection Agency for drinking water quality; or 14
(ii) A harmful level for that substance, as determined by the 15
Department. 16
(2) When a water quality test reveals a private [water supply] well is 17
contaminated, the owner of a residential rental property that is served by the well shall: 18
(i) Notify the Department and the local health department about 19
the contamination; 20
(ii) Provide an approved potable water supply until the 21
contamination is permanently remediated; and 22
(iii) Within 60 days of the date on which the owner knew of the 23
contamination, resolve the issue, including by: 24
1. Providing an approved potable water supply on an ongoing 25
basis; 26
2. Permanently remediating the contamination; or 27
3. Providing the tenant with the option to terminate the 28 12 HOUSE BILL 250
lease. 1
(c) (1) A person who violates a provision of this section is subject to a civil 2
penalty not exceeding $1,000. 3
(2) A local health department may: 4
(i) Enforce this section; and 5
(ii) Collect the civil penalty provided under paragraph (1) of this 6
subsection. 7
(d) The Department shall adopt regulations to establish minimum criteria for 8
water quality testing required under this section. 9
Article – Real Property 10
10–713. 11
(A) IN THIS SECTION , “MAXIMUM CONTAMINANT LEVEL” AND “WATER 12
QUALITY TESTING ” HAVE THE MEANING S STATED IN § 9–4A–01 OF THE 13
ENVIRONMENT ARTICLE. 14
(B) (1) A CONTRACT FOR THE SAL E OF REAL PROPERTY ON WHICH A 15
PRIVATE OR DOMESTIC WATER SUPPLY WELL IS LOCATED SHALL INCLUDE A 16
PROVISION REQUIRING , AS A CONDITION OF TH E SALE, THAT WATER QUALITY 17
TESTING OF THE WELL BE CONDUCTED . 18
(2) (I) SETTLEMENT ON THE CON TRACT FOR THE SALE O F THE 19
REAL PROPERTY MAY NO T OCCUR UNTIL THE VENDOR AND THE P URCHASER HAVE 20
EACH RECEIVED AND REVIEWED THE RESULTS OF THE WATER QUALITY TESTING 21
CONDUCTED UNDER THIS SUBSECTIO N. 22
(II) AT SETTLEMENT ON THE CONTRACT FOR THE SAL E OF THE 23
REAL PROPERTY , THE VENDOR AND THE P URCHASER SHALL EACH CERTIFY IN 24
WRITING THAT THEY HA VE RECEIVED AND REVI EWED THE RESULTS OF THE WATER 25
QUALITY TESTING. 26
(3) FOR THE PURPOSE OF TH IS SUBSECTION, THE RESULTS OF THE 27
WATER QUALITY TEST ING REMAIN VALID FOR 6 MONTHS. 28
(C) (1) THIS SUBSECTION APPLIES TO A STATE–CERTIFIED LABORATORY 29
THAT CONDUCTS WATER QUALITY TESTING FOR THE PURP OSE OF COMPLYING WITH 30
THIS SECTION. 31
HOUSE BILL 250 13
(2) A STATE–CERTIFIED LABORATORY SHALL PROVIDE THE RESULTS 1
OF A WATER QUALITY TEST ON A STANDARDIZED RE PORTING FORM , AS REQUIRED 2
BY THE DEPARTMENT OF THE ENVIRONMENT , THAT INCLUDES : 3
(I) A REPORT ON A NY SUBSTANCE THAT EX CEEDS: 4
1. THE MAXIMUM CONTAMINA NT LEVEL FOR THAT 5
SUBSTANCE; OR 6
2. A HARMFUL LEVEL FOR TH AT SUBSTANCE , AS 7
DETERMINED BY THE DEPARTMENT OF THE ENVIRONMENT ; AND 8
(II) INFORMATION ON THE PRIVATE WELL SAFETY FUND 9
ESTABLISHED UNDER § 9–4A–05 OF THE ENVIRONMENT ARTICLE, INCLUDING THE 10
WEBSITE OF THE DEPARTMENT OF THE ENVIRONMENT ON WHICH INFORMATION ON 11
THE FUND IS POSTED. 12
(3) A STATE–CERTIFIED LABORATORY MAY PROVIDE THE RESULTS 13
OF WATER QUALITY TESTIN G ONLY TO: 14
(I) 1. THE VENDOR AND PURCHA SER OF REAL PROPERTY 15
FOR WHICH THE WATER QUALITY TESTING WAS CONDUCTED ; AND 16
2. ANY PERSON AUTHORIZED BY THE VENDOR OR 17
PURCHASER ; 18
(II) THE DEPARTMENT OF THE ENVIRONMENT IN ACCORD ANCE 19
WITH PARAGRAPH (4) OF THIS SUBSECTION ; AND 20
(III) ANY PERSON DESIGNATED BY A COURT ORDER . 21
(4) WITHIN 5 BUSINESS DAYS AFTER COMPLETION OF WATER 22
QUALITY TEST ING, A STATE–CERTIFIED LABORATORY SHALL SUBMIT TO THE 23
DEPARTMENT OF THE ENVIRONMENT THE RESULTS OF WATER QUALITY TEST ING 24
AND INCLUDE THE FOLL OWING INFORMATION : 25
(I) A STATEMENT THAT THE WATER QUALITY TESTING IS FOR 26
THE PURPOSE OF COMPL YING WITH THIS SECTION; 27
(II) THE LOCATION OF THE R EAL PROPERTY , DESCRIBED BY 28
BLOCK AND LOT NUMBER , STREET ADDRESS , COUNTY, AND, IF APPLICABLE , 29
MUNICIPALITY; 30
14 HOUSE BILL 250
(III) THE NAME AND MAILING ADDRESS OF THE PERSO N THAT 1
REQUESTED THE WATER QUALITY TESTIN G; 2
(IV) THE NAME OF THE EMPLO YEE OR AN AUTHORIZED 3
REPRESENTATIVE OF TH E LABORATO RY WHO COLLECTED THE WELL SAMPLE ; 4
(V) THE DATE AND TIME THA T THE WATER SAMPLE W AS 5
COLLECTED AND THE SP ECIFIC POINT OF COLL ECTION; 6
(VI) THE DATE AND TIME THE SAMPLE WAS ANALYZED BY THE 7
LABORATORY ; AND 8
(VII) ANY OTHER INFORMATION REQUIRED BY THE 9
DEPARTMENT OF THE ENVIRONMENT . 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2022. 12