WES MOORE, Governor Ch. 587
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Chapter 587
(House Bill 11)
AN ACT concerning
Private Well Safety Act of 2023
FOR the purpose of establishing the Private Well Safety Program in requiring the
Department of the Environment to manage and, subject to the availability of certain
funding, address the contamination of certain private and domestic water supply
wells in the State; establishing the Private Well Safety Fund to award grants to
certain counties and households for costs associated with water quality testing and
remediation adopt regulations on or before a certain date to identify additional
standards for water quality testing; requiring the Department of the Environment,
subject to certain funding and in consultation with the Department of Information
Technology, to utilize an online portal to receive and upload certain information and
to provide public access to the information; requiring a State–certified laboratory
that conducts water quality testing of certain wells to submit to the Department of
the Environment certain results of water quality testing in a certain manner;
requiring the Department of the Environment to share certain information
consistently with the Maryland Department of Health and local health departments
and to encourage the Maryland Department of Health and local health departments
to share certain information to the online portal; requiring a contract for the sale of
real property on which a certain well is located to include a provision requiring, as a
condition of the sale, that the purchaser ensure that certain water quality testing be
conducted; and generally relating to private and domestic water supply wells in the
State.
BY adding to
Article – Environment
Section 9–4A–01 to be under the new part “Part I. Definitions”; 9–4A–04 through
9–4A–10 to be under the new part “Part II. Program and Fund”; and 9–4A–13
to be under the new part “Part III. Private Well Water Quality Database”
Section 9–4A–01 through 9–4A–03
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Environment
Section 9–4A–01 to be under the new part “Part IV. Residential Rental Property”
Section 9–4A–01
Annotated Code of Maryland
(2014 Replacement Volume and 2022 Supplement)
BY adding to
Article – Real Property Ch. 587 2023 LAWS OF MARYLAND
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Section 10–713
Annotated Code of Maryland
(2015 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
PART I. DEFINITIONS.
9–4A–01.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “CONTAMINATION ” MEANS THAT WATER QUA LITY TESTING FOR A
COVERED HOUSEHOLD DEMONSTRAT ED THAT:
(1) A SUBSTANCE IS PRESENT THAT EXCEEDS THE LEG AL
THRESHOLD LIMIT ON T HE AMOUNT OF THE SUB STANCE THAT IS ALLOW ED IN A
PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE DRINKING WATER ACT; OR
(2) THERE IS A HARMFUL LE VEL OF ANOTH ER CONTAMINANT , AS
DETERMINED BY THE DEPARTMENT .
(C) “COVERED HOUSEHOLD ” MEANS ONE OR MORE IN DIVIDUALS WHO
RESIDE AT A PROPERTY THAT IS SERVED BY A PRIVATE WELL.
(D) “ELIGIBLE COUNTY ” MEANS A COUNTY THAT :
(1) IS AWARDED A GRANT UN DER THE FUND FOR DISTRIBUTION TO
COVERED HOUSEHOLDS T O ASSIST WITH THE CO STS OF WATER QUALITY TESTING
AND REMEDIATION ; AND
(2) MEETS THE ELIGIBILITY REQUIREMENTS ESTABLI SHED UNDER §
9–4A–08 OF THIS SUBTITLE.
(E) “FUND” MEANS THE PRIVATE WELL SAFETY FUND.
(F) “INELIGIBLE COUNTY ” MEANS A COUNTY THAT HAS NOT BEEN AWARDED
A GRANT UNDER THE FUND.
(G) (B) “MAXIMUM CONTAMINANT L EVEL” MEANS A STANDARD THA T IS: WES MOORE, Governor Ch. 587
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(1) SET BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY OR THE
DEPARTMENT FOR DRINKI NG WATER QUALITY ; AND
(2) THE LEGAL THRESHOLD L IMIT ON THE AMOUNT O F A SUBSTANCE
THAT IS ALLOWED IN A PUBLIC WATER SYSTEM UNDER THE FEDERAL SAFE
DRINKING WATER ACT.
(H) (C) “PRIVATE WELL” MEANS A PRIVATE OR D OMESTIC WATER SUPPLY
WELL THAT IS A SOURC E OF POTABLE WATER .
(I) “PROGRAM” MEANS THE PRIVATE WELL SAFETY PROGRAM.
(J) “REMEDIATION” INCLUDES:
(1) THE DRILLING OF A NEW WELL; AND
(2) CONNECTION TO A PUBLI C WATER SUPPLY .
(K) (D) (1) “WATER QUALITY TESTING ” MEANS WATER QUALITY
SAMPLING, TESTING, AND ANALYSIS:
(I) CONDUCTED BY A STATE–APPROVED WATER SAMPL ER AND
A STATE–APPROVED LABORATORY FOR A PRIVATE WELL ; AND
(II) OF WHICH THE MINIMUM SAMPLING CRITERIA IN CLUDE
BACTERIA, NITRATE, AND TURBIDITY .
(2) “WATER QUALITY TESTING ” INCLUDES WATER QUALI TY
SAMPLING OF ANY CONTAMINANT OF CONCERN , AS DETERMINED BY THE
DEPARTMENT .
9–4A–02. RESERVED.
9–4A–03. RESERVED.
PART II. PROGRAM AND FUND.
9–4A–04. 9–4A–02.
(A) THERE IS A PRIVATE WELL SAFETY PROGRAM IN THE DEPARTMENT .
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(B) THE PURPOSE OF THE PROGRAM IS TO MANAGE AND , SUBJECT TO THE
AVAILABILITY OF FUND ING IN THE FUND, ADDRESS THE CONTAMIN ATION OF
PRIVATE WELLS IN THE STATE.
(C) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS
SUBTITLE.
9–4A–05.
(A) THERE IS A PRIVATE WELL SAFETY FUND.
(B) THE PURPOSE OF THE FUND IS TO AWARD GRAN TS TO ELIGIBLE
COUNTIES AND COVERED HOUSEHOLDS IN INELIG IBLE COUNTIES FOR CO STS
ASSOCIATED WITH WATE R QUALITY TESTING AN D REMEDIATION .
(C) THE SECRETARY SHALL ADMIN ISTER THE FUND.
(D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS N OT
SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY ,
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND.
(E) THE FUND CONSISTS OF :
(1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND;
AND
(2) ANY OTHER MONEY FROM ANY OTHER SOURCE ACC EPTED FOR
THE BENEFIT OF THE FUND.
(F) THE FUND MAY BE USED ONLY FOR AWARDING GRANTS :
(1) TO ELIGIBLE COUNTIES FOR DISTRIBUTION TO COVERED
HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOCIATED WIT H WATER QUALITY
TESTING AND REMEDIAT ION; AND
(2) TO COVERED HOUSEHOLDS LOCATED IN AN INELIG IBLE COUNTY
TO ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND
REMEDIATION .
9–4A–06.
WES MOORE, Governor Ch. 587
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(A) THE DEPARTMENT SHALL ESTA BLISH A GRANT APPLICATION PR OCESS
FOR AWARDING A GRANT UNDER THE FUND IN ACCORDANCE WI TH THIS SUBTITLE .
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE
DEPARTMENT MAY ESTABL ISH A GRANT APPLICAT ION FEE.
(2) (I) THE APPLICATION FEE F OR AN AWARD FOR WAT ER QUALITY
TESTING MAY NOT EXCE ED $10; AND
(II) THE APPLICATION FEE F OR AN AWARD FOR REME DIATION
MAY NOT EXCEED $250.
(3) THE DEPARTMENT MAY WAIVE THE APPLICATION FEE ON A
CASE–BY–CASE BASIS, BASED ON HOUSEHOLD I NCOME.
(C) IN AN APPLICATION FOR A GRANT AWARD UNDER TH E FUND, A
COVERED HOUSEHOLD SH ALL SUBMIT A COPY OF ITS MOST RECENT STATE INCOME
TAX RETURN OR AN AFF IDAVIT OF:
(1) A FILING OF A HOUSEHOL D INCOME EXEMPTION ;
(2) A HOUSEHOLD INCOME RED UCTION; OR
(3) THE PROJECTED HOUSEHO LD INCOME FOR THE CURRE NT YEAR.
9–4A–07.
THE DEPARTMENT SHALL :
(1) PROVIDE NOTICE TO EAC H COUNTY OF:
(I) THE FUND; AND
(II) THE GRANT APPLICATION PROCESS ESTABLISHED UNDER §
9–4A–06 OF THIS SUBTITLE;
(2) FOR THE PURPOSE OF IN FORMING COVERED HOUSEHOLDS IN
INELIGIBLE COUNTIES , PUBLISH ON ITS WEBSI TE INFORMATION ON :
(I) THE FUND; AND
(II) THE GRANT APPLICATION PROCESS; AND
Ch. 587 2023 LAWS OF MARYLAND
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(3) FOR THE PURPOSE OF IN FORMING PRIVATE WELL OWNERS,
PUBLISH ON ITS WEBSI TE INFORMATION ON WA TER QUALITY TESTING , INCLUDING:
(I) RESOURCES FOR WATER Q UALITY TESTING AND
REMEDIATION ;
(II) CONTACT INFORMATION F OR LICENSED WELL DRI LLERS,
PUMP INSTALLERS , AND STATE–CERTIFIED WATER QUAL ITY TESTING
LABORATORIES ;
(III) INFORMATION ON POTENT IAL CONTAMINANTS OF
CONCERN IN THE STATE, BY REGION OR GROUNDW ATER AQUIFER ; AND
(IV) INFORMATION ON THE IM PORTANCE OF ANNUAL T ESTING.
9–4A–08.
A COUNTY IS ELIGIBLE T O RECEIVE A GRANT AW ARD IN ACCORDANCE WI TH
THIS SUBTITLE IF THE COUNTY AGREES TO ENG AGE IN OUTREACH ACTIVITIES:
(1) TO EDUCATE COUNTY RES IDENTS ON THE EXISTE NCE AND
PURPOSE OF THE FUND AND ON THE IMPOR TANCE OF ANNUALLY TE STING WELL
WATER FOR CONTAMINAN TS; AND
(2) THAT, AT A MINIMUM, INCLUDE:
(I) PUBLISHING INFORMATIO N ON THE COUNTY ’S WEBSITE;
(II) PROVIDING INFORMATION TO RESIDENTS OVER TH E
TELEPHONE WHEN A RES IDENT CALLS THE COUN TY ABOUT WATER QUALI TY
TESTING OR REMEDIATI ON OR THE PROGRAM; AND
(III) SUBMITTING THE ANNUAL REPORT TO THE DEPARTMENT
IN ACCORDANCE WITH § 9–4A–10 OF THIS SUBTITLE.
9–4A–09.
(A) IN ACCORDANCE WITH TH IS SUBTITLE, AND SUBJECT TO THE
AVAILABILITY OF FUND ING IN THE FUND, THE DEPARTMENT MAY AWARD A GRANT
UNDER THE FUND TO:
(1) AN ELIGIBLE COUNTY FO R DISTRIBUTION TO CO VERED
HOUSEHOLDS TO ASSIST WITH THE COSTS ASSOCIATED WITH WATE R QUALITY
TESTING AND REMEDIAT ION; AND WES MOORE, Governor Ch. 587
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(2) A COVERED HOUSEHOLD LO CATED IN AN INELIGIB LE COUNTY TO
ASSIST WITH THE COST S ASSOCIATED WITH WA TER QUALITY TESTING AND
REMEDIATION .
(B) IN AWARDING A GRANT T O AN ELIGIBLE COUNTY UNDER THIS SUBTITLE,
THE DEPARTMENT MAY CONSID ER:
(1) THE ESTIMATED PROPORT ION OF COVERED HOUSE HOLDS IN THE
ELIGIBLE COUNTY ;
(2) THE COUNTY ’S SPECIFIC NEEDS REL ATED TO THE COSTS OF
ADMINISTERING AND IM PLEMENTING GRANTS UN DER THE FUND;
(3) THE COUNTY’S NEED TO ADDRESS PUBLIC HE ALTH CONCERNS OR
SPECIFIC CONTAMINATI ON CONCERNS ; AND
(4) ANY OTHER RELEVANT FA CTOR, AS DETERMINED BY THE
DEPARTMENT .
(C) (1) THE DEPARTMENT OR AN ELIG IBLE COUNTY SHALL :
(I) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR WATER
QUALITY TESTING ON :
1. SAMPLING PARAMETERS AND COSTS ; AND
2. AN INCOME GUIDELINE S CALE ESTABLISHED BY THE
DEPARTMENT ; AND
(II) BASE THE DOLLAR AMOUN T OF A GRANT AWARD F OR
REMEDIATION ON AN IN COME GUIDELINE SCALE ESTABLISHED BY THE
DEPARTMENT .
(2) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY AWAR D A GRANT
FOR UP TO 100% OF THE COSTS ASSOCIA TED WITH WATER QUALI TY TESTING AND
REMEDIATION TO A COV ERED HOUSEHOLD THAT CAN DEMONSTRATE HOUS EHOLD
INCOME BELOW 50% OF THE STATE’S MEDIAN INCOME LEVEL.
(D) (1) THIS SUBSECTION APPLI ES TO A GRANT AWARD FOR THE COSTS
ASSOCIATED WITH REME DIATION.
(2) A COVERED HOUSEHOLD SH ALL, ON SATISFACTORY COMP LETION
OF THE REMEDIATION P ROJECT, MAKE PAYMENT DIRECTL Y TO THE LICENSED WE LL Ch. 587 2023 LAWS OF MARYLAND
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DRILLER, WATER CONDITIO NER INSTALLER , OR PUMP INSTALLER TH AT HAS BEEN
CONTRACTED TO PERFOR M THE REMEDIATION PR OJECT.
(E) THE DEPARTMENT OR AN ELIG IBLE COUNTY MAY NOT AWARD A GRANT
UNDER THE FUND FOR COSTS ASSOCI ATED WITH:
(1) ANY WORK OR TESTING C ONDUCTED BEFORE THE GRANT AWARD
WAS APPROVED BY THE DEPARTMENT OR ELIGIBL E COUNTY;
(2) WELLS SERVING COMMERC IAL ESTABLISHMENTS ;
(3) PRIVATE WELLS THAT DO NOT MEET THE ESTABLI SHED
CONTAMINATION CRITER IA;
(4) DUG WELLS; AND
(5) POINT–DRIVEN WELLS .
(F) A COVERED HOUSEHOLD MAY NOT RE CEIVE A GRANT AWARD UNDER
THIS SECTION MORE TH AN TWICE A YEAR , INCLUDING ONE GRANT AWARD FOR
WATER QUALITY TESTIN G AND ONE GRANT AWAR D FOR REMEDIATION .
(G) (A) THE ON OR BEFORE DECEMBER 31, 2026, THE DEPARTMENT
SHALL ADOPT REGULATI ONS TO IDENTIFY A LIST OF ADDITIONAL STANDARDS FOR
WATER QUALITY TESTIN G THAT THE DEPARTMENT DEEMS NECE SSARY FOR EACH
COUNTY OR ANY SPECIF IC AREA WITHIN A COU NTY,.
(B) INCLUDING REQUIRING REGULATIONS ADOPTED I N ACCORDANCE WITH
THIS SUBSECTION MAY REQUIRE, AS APPROPRIATE , TESTING FOR:
(1) MANGANESE;
(2) ARSENIC;
(3) RADON;
(4) MERCURY; AND
(5) ALL OTHER VOLATILE ORGANIC COM POUNDS FOR WHICH THE RE
IS A MAXIMUM CONTAMI NANT LEVEL.
9–4A–10.
WES MOORE, Governor Ch. 587
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(A) ON OR BEFORE SEPTEMBER 1 EACH YEAR, A COUNTY THAT RECEIVED A
GRANT AWARD IN ACCOR DANCE WITH THIS SUBT ITLE SHALL SUBMIT TO THE
DEPARTMENT A REPORT T HAT INCLUDES , FOR THE IMMEDIATELY PRECEDING
FISCAL YEAR:
(1) THE LOCATIONS OF COVE RED HOUSEHOLDS THAT RECEIVED A
GRANT AWARD ;
(2) THE DOLLAR AMOUNT AWA RDED TO EACH HOUSEHOLD ,
CATEGORIZED BY FUNDI NG FOR WATER QUALITY TESTING AND REMEDIAT ION;
(3) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED
UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT
EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE ,
CATEGORIZED BY CENSU S TRACT OR OTHER IDENTIFYING FACTORS;
(4) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE
PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A
SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T
SUBSTANCE, CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS ;
(5) THE LOCATION OF AREAS OF POTENTIAL CONCERN ;
(6) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN,
CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS ;
(7) ANY OTHER INFORMATION TO FURTH ER EXPLAIN OR QUALIF Y
THE INFORMATION INCL UDED IN THE REPORT ; AND
(8) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT .
(B) ON OR BEFORE JANUARY 1 EACH YEAR, THE DEPARTMENT SHALL
REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE WITH § 2–1257 OF THE
STATE GOVERNMENT ARTICLE, ON:
(1) THE TOTAL NUMBER OF W ATER QUALITY TESTS C ONDUCTED
UNDER THE PROGRAM AND THE PROPO RTION THAT DETECTED A SUBSTANCE THAT
EXCEEDS THE MAXIMUM CONTAMINANT LEVEL FO R THAT SUBSTANCE ,
CATEGORIZED BY COUNT Y AND CENSUS TRACT OR OTHER IDENTIFYING FACTORS ;
(2) THE NUMBER OF WATER Q UALITY TESTS CONDUCT ED WITHIN THE
PREVIOUS 12–MONTH PERIOD AND THE PROPORTION THAT DETE CTED A
SUBSTANCE THAT EXCEE DS THE MAXIMUM CONTA MINANT LEVEL FOR THA T Ch. 587 2023 LAWS OF MARYLAND
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SUBSTANCE, CATEGORIZED BY COUN TY AND CENSUS TRACT OR OTHER IDENTIFYING
FACTORS;
(3) THE LOCATION OF AREAS OF KNOWN CONTAMINATION ;
(4) A DESCRIPTION OF THE B ENEFITS REALIZED AND DEFICIENCIES
ADDRESSED AS A RESUL T OF THE PROGRAM AND RECOMMEND ATIONS FOR ANY
APPROPRIATE LEGISLAT IVE ACTION; AND
(5) THE MOST COMMONLY DET ECTED CONTAMINANTS O F CONCERN,
CATEGORIZED BY CENSU S TRACT OR OTHER IDE NTIFYING FACTORS .
9–4A–11. RESERVED.
9–4A–12. RESERVED.
PART III. PRIVATE WELL WATER QUALITY DATABASE.
9–4A–13. 9–4A–03.
(A) THE SUBJECT TO THE AVAILABILITY OF FUNDING FOR THE PLAN NING
AND IMPLEMENTATION O F AN ONLINE PORTAL , AND IN CONSULTATION WITH THE
DEPARTMENT OF INFORMATION TECHNOLOGY , THE DEPARTMENT SHALL UTIL IZE
AN ONLINE PORTAL :
(1) TO RECEIVE THE RESULT S OF WATER QUALITY T ESTING FROM
STATE–CERTIFIED LABORATORI ES AND THE MARYLAND GEOLOGICAL SURVEY;
(2) TO UPLOAD CERTIFICATE S OF POTABILITY AS R EQUIRED UNDER
COMAR 26.04.04.30, RESULTS OF WATER QUA LITY TESTING , AND OTHER
RELEVANT INFORMATION SUBMITTED TO THE DEPARTMENT RELATED TO PRIVATE
WELLS, ON AT LEAST A QUARTE RLY BASIS; AND
(3) TO PROVIDE PUBLIC ACC ESS TO THE INFORMATI ON RECEIVED
UNDER ITEMS (1) AND (2) OF THIS SUBSECTION I N A MANNER THAT IS E ASY TO USE
AND CATEGORIZED BY C OUNTY.
(B) ON AN ONGOING BASIS IMPLEMENTATION OF TH E ONLINE PORTAL
UNDER THIS SECTION ,:
(1) A A COUNTY MAY SUBMIT TO THE DEPARTMENT RECORDS OF
CERTIFICATES OF POTA BILITY, AS REQUIRED UNDER COMAR 26.04.04.30, AND WES MOORE, Governor Ch. 587
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ANY RESULTS OF WATER QUALITY TESTING RECE IVED VOLUNTARILY FRO M
RESIDENTS.; AND
(C) (2) ON A QUARTERLY BASIS , A A STATE–CERTIFIED LABORATORY
THAT CONDUCTS WATER QUALITY TESTING OF P RIVATE WELLS FOR THE PURPOSE
OF IMPLEMENTING THIS SUBTITLE SHALL SUBMI T TO THE DEPARTMENT THE
RESULTS OF EACH WATE R QUALITY TEST CONDU CTED BY THE LABORATO RY IN A
MANNER DETERMINED BY THE DEPARTMENT .
(C) THE DEPARTMENT SHALL :
(1) CONSISTENTLY SHARE TH E INFORMATION COLLEC TED UNDER
THIS SECTION WITH TH E MARYLAND DEPARTMENT OF HEALTH AND LOCAL HEAL TH
DEPARTMENTS ; AND
(2) ENCOURAGE THE MARYLAND DEPARTMENT OF HEALTH AND
LOCAL HEALTH DEPARTM ENTS TO SHARE RELEVA NT INFORMATION TO TH E ONLINE
PORTAL.
9–4A–14. RESERVED.
9–4A–15. RESERVED.
PART IV. RESIDENTIAL RENTAL PROPERTY.
[9–4A–01.] 9–4A–16. 9–4A–04.
(a) An owner of residential rental property that is served by a private [water
supply] well shall:
(1) Provide for water quality testing every 3 years;
(2) Disclose to a tenant the results of the water quality testing; and
(3) Notify a tenant:
(i) After any water quality test required under item (1) of this
subsection is complete; and
(ii) Of the most recent water quality test when they sign a lease.
(b) (1) The requirements of this subsection apply when a private [water
supply] well is contaminated by a substance that exceeds:
Ch. 587 2023 LAWS OF MARYLAND
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(i) The maximum contaminant level for that substance that is set
by the U.S. Environmental Protection Agency for drinking water quality; or
(ii) A harmful level for that substance, as determined by the
Department.
(2) When a water quality test reveals a private [water supply] well is
contaminated, the owner of a residential rental property that is served by the well shall:
(i) Notify the Department and the local health department about
the contamination;
(ii) Provide an approved potable water supply until the
contamination is permanently remediated; and
(iii) Within 60 days of the date on which the owner knew of the
contamination, resolve the issue, including by:
1. Providing an approved potable water supply on an ongoing
basis;
2. Permanently remediating the contamination; or
3. Providing the tenant with the option to terminate the
lease.
(c) (1) A person who violates a provision of this section is subject to a civil
penalty not exceeding $1,000.
(2) A local health department may:
(i) Enforce this section; and
(ii) Collect the civil penalty provided under paragraph (1) of this
subsection.
(d) The Department shall adopt regulations to establish minimum criteria for
water quality testing required under this section.
Article – Real Property
10–713.
(A) IN THIS SECTION , “MAXIMUM CONTAMINANT LEVEL” AND “WATER
QUALITY TESTING ” HAVE THE MEANINGS ST ATED IN § 9–4A–01 OF THE
ENVIRONMENT ARTICLE. WES MOORE, Governor Ch. 587
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(B) (1) A CONTRACT FOR THE SALE OF REAL PROPERT Y ON WHICH A
PRIVATE OR DOMESTIC WATER SUPPLY WELL IS LOCATED SHALL INCLUD E A
PROVISION REQUIRING , AS A CONDITION OF TH E SALE, THAT THE PURCHASER
ENSURE THAT WATER QUALITY TESTIN G OF THE WELL BE CON DUCTED.
(2) (I) SETTLEMENT ON THE C ONTRACT FOR THE SALE OF THE
REAL PROPERTY MAY NO T OCCUR UNTIL THE VE NDOR AND THE PURCHAS ER HAVE
EACH RECEIVED AND RE VIEWED THE RESULTS O F THE WATER QUALITY TESTING
CONDUCTED UNDER THIS SUBSECTION.
(II) AT SETTLEMENT ON THE CONTRACT FOR THE SAL E OF THE
REAL PROPERTY , THE VENDOR AND THE P URCHASER SHALL EACH CERTIFY IN
WRITING THAT THEY HA VE RECEIVED AND REVI EWED THE RESULTS OF THE WATER
QUALITY TESTING .
(3) FOR THE PURPOSE OF TH IS SUBSECTION, THE RESULTS OF THE
WATER QUALITY TESTIN G REMAIN VALID FOR 3 YEARS.
(4) A PURCHASER MAY WAIVE IN WRITING THE WATER QUALITY
TESTING REQUIREMENTS UNDER THIS SUBSECTIO N.
(C) (1) THIS SUBSECTION APPLI ES TO A STATE–CERTIFIED LABORATORY
THAT CONDUCTS WATER QUALITY TESTING FOR THE PURPOSE OF COMPL YING WITH
THIS SECTION.
(2) A STATE–CERTIFIED LABORATORY SHALL PROVIDE THE RE SULTS
OF A WATER QUALITY T EST ON A STANDARDIZE D REPORTING FORM , AS REQUIRED
BY THE DEPARTMENT OF THE ENVIRONMENT , THAT INCLUDES :
(I) A A REPORT ON ANY SUBSTA NCE THAT EXCEEDS :
1. (I) THE MAXIMUM CONTAMINANT LEVEL FOR THAT
SUBSTANCE; OR
2. (II) A HARMFUL LEVEL FOR TH AT SUBSTANCE , AS
DETERMINED BY THE DEPARTMENT OF THE ENVIRONMENT ; AND
(II) INFORMATION ON THE PRIVATE WELL SAFETY FUND
ESTABLISHED UNDER § 9–4A–05 OF THE ENVIRONMENT ARTICLE, INCLUDING THE
WEBSITE OF THE DEPARTMENT OF THE ENVIRONMENT ON WHICH INFORMATION ON
THE FUND IS POSTED.
Ch. 587 2023 LAWS OF MARYLAND
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(3) A STATE–CERTIFIED LABORATORY MAY PROVIDE THE RESU LTS
OF WATER QUALITY TES TING ONLY TO:
(I) 1. THE VENDOR AND PURCHA SER OF REAL PROPERTY
FOR WHICH THE WATER QUALITY TESTING WAS CONDUCTED ; AND
2. ANY PERSON AUTHORIZED BY THE VENDOR OR
PURCHASER ;
(II) THE DEPARTMENT OF THE ENVIRONMENT IN ACCORD ANCE
WITH PARAGRAPH (4) OF THIS SUBSECTION ; AND
(III) ANY PERSON DESIGNATED BY A COURT ORDER .
(4) WITHIN 5 BUSINESS DAYS AFTER COMPLETION OF WATER
QUALITY TESTING , A STATE–CERTIFIED LABORATORY SHALL SUBMIT TO THE
DEPARTMENT OF THE ENVIRONMENT THE RESUL TS OF WATER QUALITY TESTING
AND INCLUDE THE FOLL OWING INFORMATION :
(I) A STATEMENT THAT THE W ATER QUALITY TESTING IS FOR
THE PURPOSE OF COMPL YING WITH THIS SECTI ON;
(II) THE LOCATION OF THE R EAL PROPERTY , DESCRIBED BY
BLOCK AND LOT NUMBER , STREET ADDRESS , COUNTY, AND, IF APPLICABLE ,
MUNICIPALITY;
(III) THE NAME AND MAIL ING ADDRESS OF THE P ERSON THAT
REQUESTED THE WATER QUALITY TESTING ;
(IV) THE NAME OF THE EMPLO YEE OR AN AUTHORIZED
REPRESENTATIVE OF TH E LABORATORY WHO COL LECTED THE WELL WATE R
SAMPLE;
(V) THE DATE AND TIME THA T THE WELL WATER SAM PLE WAS
COLLECTED AND THE SPECIFIC POI NT OF COLLECTION ;
(VI) THE DATE AND TIME THE WELL WATER SAMPLE WA S
ANALYZED BY THE LABO RATORY;
(VII) WHETHER THE WELL WATE R SAMPLE IS RAW WATE R OR
FINISHED WATER ;
(VIII) THE WELL TAG NUMBER , IF KNOWN; AND
WES MOORE, Governor Ch. 587
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(IX) ANY OTH ER INFORMATION REQUI RED BY THE
DEPARTMENT OF THE ENVIRONMENT .
SECTION 2. AND BE IT FURTHER ENACTED, That the Department of the
Environment shall:
(1) conduct a study on long–term funding options for the detailed
monitoring and analysis of groundwater resources in the State;
(2) on or before December 1, 2025, submit a report of its findings and
recommendations for long–term funding options under paragraph (1) of this section to the
Governor and, in accordance with § 2–1257 of the State Government Article, the General
Assembly; and
(3) assist in identifying a funding source for a private well grant fund.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 8, 2023.