Current with changes from the 2024 Legislative Session
Section 9-4A-04 - Duties of owner of residential rental property served by a private well(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; or3. 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.Renumbered from § - 9-4A-01 by 2023 Md. Laws, Ch. 587, Sec. 1, eff. 10/1/2024.Renumbered from § - 9-4A-01 by by 2023 Md. Laws, Ch. 586, Sec. 1, eff. 10/1/2024.Added by 2021 Md. Laws, Ch. 622, Sec. 1, eff. 7/1/2021.