§ 9-4A-04
285 words·~1 min read·
/md/environment/9-4a-04A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§9–4A–04.
(a)An owner of residential rental property that is served by a private 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.
(1)The requirements of this subsection apply when a private well is contaminated by a substance that exceeds:
(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 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.
(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.