§ 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.

(b) (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.

(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.