S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4557

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of  A. JAFFEE, SWEENEY, FIELDS, CALHOUN, COOK, KOON,
  SCHIMEL, JEFFRIES,  ROSENTHAL  --  Multi-Sponsored  by  --  M.  of  A.
  BOYLAND, CLARK, DINOWITZ, McDONOUGH, MOLINARO, PEOPLES-STOKES, PHEFFER
  --  read once and referred to the Committee on Environmental Conserva-
  tion

AN ACT to amend the environmental conservation law,  the  public  health
  law  and  the  real property law, in relation to enacting the "private
  well testing act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "private well testing act".
  S 2. Subdivision 1 of section 3-0315 of the environmental conservation
law, as added by section 1 of part C of chapter 1 of the laws  of  2003,
is amended to read as follows:
  1. The department shall create or modify an existing geographic infor-
mation  system, and maintain such system for purposes including, but not
limited to, incorporating information from remedial programs  under  its
jurisdiction,  and  shall  also  incorporate information from the source
water assessment program collected by the department of health, INFORMA-
TION COLLECTED PURSUANT TO SECTION ELEVEN  HUNDRED  TEN  OF  THE  PUBLIC
HEALTH  LAW,  data from annual water supply statements prepared pursuant
to section eleven hundred fifty-one of the public health  law,  informa-
tion from the database pursuant to title fourteen of article twenty-sev-
en  of  this  chapter,  and  any  other existing data regarding soil and
groundwater contamination currently gathered by the department, as  well
as  data  on  contamination  that  is  readily available from the United
States geological survey and other sources determined appropriate by the
department.
  S 3. Section 206 of the public health law is amended by adding  a  new
subdivision 26 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD07692-01-9
              

A. 4557                             2

  26.  THE  COMMISSIONER  IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES
AND REGULATIONS TO ESTABLISH STANDARDS FOR THE TESTING OF DRINKING WATER
FROM PRIVATELY OWNED WELLS. SUCH STANDARDS  SHALL  APPLY  TO  ANY  WATER
WELLS SUBJECT TO SUBDIVISION EIGHTEEN OF THIS SECTION, AS ADDED BY CHAP-
TER   THREE   HUNDRED  NINETY-FIVE  OF  THE  LAWS  OF  NINETEEN  HUNDRED
NINETY-NINE. SUCH TESTING SHALL BE TO DETERMINE THE QUALITY, SAFETY  AND
EXISTING  LEVEL  OF CONTAMINATION OF DRINKING WATER FROM PRIVATELY OWNED
WELLS.
  S 4. Subdivision 1 of section  1100  of  the  public  health  law,  as
amended  by  chapter  655  of  the  laws  of 1978, is amended to read as
follows:
  1. The department may make rules and regulations  for  the  protection
from  contamination  of any or all public OR PRIVATE supplies of potable
waters and water supplies of the state or United  States,  institutions,
parks, reservations or posts and their sources within the state, and the
commissioner of environmental protection of the city of New York and the
board  of  water  supply of the city of New York may make such rules and
regulations subject to the approval of the department for the protection
from contamination of any or all public OR PRIVATE supplies  of  potable
waters  and  their  sources within the state where the same constitute a
part of the source of the public OR PRIVATE water supply of said city.
  S 5. The public health law is amended by adding a new section 1110  to
read as follows:
  S  1110. PRIVATE WELL TESTING. 1.  (A) THE DEPARTMENT SHALL PROMULGATE
REGULATIONS WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION PROVIDING FOR THE TESTING OF DRINKING WATER FROM  PRIVATE  WELLS
LOCATED ON REAL PROPERTY SUBJECT TO THIS SECTION.
  (B)  ANY  CONTRACT  FOR THE SALE OF REAL PROPERTY WHICH IS SERVED BY A
PRIVATE WELL THAT IS THE POTABLE WATER SUPPLY FOR  SUCH  PROPERTY  SHALL
INCLUDE  A  PROVISION  REQUIRING  AS A CONDITION OF SALE, THE TESTING OF
SUCH WATER SUPPLY FOR AT LEAST THE STANDARDS PRESCRIBED PURSUANT TO THIS
SECTION. PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  PROPERTY  WHERE
THE  POTABLE  WATER  SUPPLY HAS FIVE OR MORE SERVICE CONNECTIONS OR THAT
REGULARLY SERVES AN AVERAGE OF TWENTY-FIVE OR MORE INDIVIDUALS DAILY FOR
AT LEAST SIXTY DAYS OUT OF THE YEAR.
  (C) WATER SAMPLING LOCATIONS SHALL BE DONE IN THE FOLLOWING MANNER:
  (I) IF THERE IS NO WATER TREATMENT SYSTEM IN USE  ON  THE  WATER  WELL
BEING  TESTED,  SAMPLES  SHALL  BE  COLLECTED FROM A PRIMARY COLD WATER,
NON-AERATED SPIGOT OR TAP THAT DRAWS FROM OR FEEDS WATER TO THE  POTABLE
WATER SYSTEM FROM SUCH WATER;
  (II)  WHERE  A  WATER  TREATMENT  SYSTEM IS IN USE ON THE WATER SUPPLY
SYSTEM, THE SAMPLE SHALL BE COLLECTED AS FOLLOWS:
  (A) THE WATER TREATMENT SYSTEM  SHALL  BE  DISCONNECTED  OR  OTHERWISE
DISABLED PRIOR TO THE COLLECTION OF THE WATER SAMPLE; OR
  (B)  THE  SAMPLE  SHALL  BE COLLECTED AT A LOCATION PRIOR TO THE WATER
TREATMENT SYSTEM; OR
  (III) IN THE CASE OF A NEW WELL CONSTRUCTION  AND  INSTALLATION  WHERE
THERE  IS  NO  SPIGOT  OR TAP ON THE SUBJECT PROPERTY, THE SAMPLE MAY BE
COLLECTED DIRECTLY AT THE WELLHEAD, UTILIZING A RAW WATER SAMPLE.
  2. (A) EVERY WATER TEST CONDUCTED  IN  ACCORDANCE  WITH  THIS  SECTION
SHALL  INCLUDE  A  TEST  FOR AT LEAST THE FOLLOWING PARAMETERS: BACTERIA
(TOTAL COLIFORM); NITRATES; IRON; MANGANESE; PH;  ALL  VOLATILE  ORGANIC
COMPOUNDS  FOR  WHICH  MAXIMUM  CONTAMINANT LEVELS HAVE BEEN ESTABLISHED
PURSUANT TO PUBLIC HEALTH REGULATIONS; AND LEAD.
  (B) IN ADDITION, THE WATER TEST SHALL INCLUDE A FORTY-EIGHT HOUR GROSS
ALPHA TEST FOR THE PRESENCE OF RADIUM, PROVIDED THAT THE DEPARTMENT  HAS

A. 4557                             3

MADE  A  FINDING  PURSUANT  TO  THIS SECTION THAT THERE ARE A SUFFICIENT
NUMBER OF LABORATORIES CERTIFIED TO PERFORM THE TEST.
  (I)  THE  DEPARTMENT  SHALL  CONDUCT  AN ANNUAL REVIEW TO DETERMINE IF
THERE ARE SUFFICIENT LABORATORIES CERTIFIED TO  PERFORM  THE  SHORT-TERM
FORTY-EIGHT  HOUR  GROSS ALPHA TEST TO SCREEN FOR THE PRESENCE OF RADIUM
THAT ARE ABLE TO PROVIDE RESULTS AT A REASONABLE COST WITHIN TEN DAYS OF
A REQUEST FOR TESTING. SUCH REVIEW SHALL BE  BASED  UPON  THE  PROJECTED
NUMBER  OF  TRANSACTIONS  FOR WHICH THE TEST IS REQUIRED. THE DEPARTMENT
SHALL PUBLISH ITS FINDINGS IN THE NEW YORK STATE REGISTER AND THE  ENVI-
RONMENTAL NOTICE BULLETIN.
  (II)  FOR  THE  PURPOSES OF THIS SECTION, IF THE DEPARTMENT DETERMINES
THAT THERE ARE A  SUFFICIENT  NUMBER  OF  LABORATORIES  TO  CONDUCT  THE
SHORT-TERM  FORTY-EIGHT HOUR GROSS ALPHA TEST TO SCREEN FOR THE PRESENCE
OF RADIUM ONLY WITHIN A LIMITED AREA OF THE STATE, AS DETERMINED BY  THE
DEPARTMENT,  AND  SUCH  LABORATORIES  ARE  ABLE  TO PROVIDE RESULTS AT A
REASONABLE COST WITHIN TEN DAYS OF A REQUEST FOR TESTING, THEN THE  TEST
SHALL  BE  REQUIRED ONLY WITHIN THAT LIMITED AREA UNTIL SUCH TIME AS THE
DEPARTMENT FINDS THAT THERE ARE A  NUMBER  OF  LABORATORIES  TO  PROVIDE
SERVICE ELSEWHERE IN THE STATE.
  (III)  THE  DEPARTMENT SHALL ESTABLISH, BY RULE OR REGULATION PROTOCOL
FOR PROPER CONDUCTING OF THE SHORT-TERM  FORTY-EIGHT  HOUR  GROSS  ALPHA
TEST TO SCREEN FOR THE PRESENCE OF RADIUM.
  3. (A) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
MENTAL  CONSERVATION, SHALL DEVELOP A LIST OF ADDITIONAL PARAMETERS THAT
THE DEPARTMENT DEEMS SIGNIFICANT IN EACH COUNTY OR IN ANY OTHER SPECIFIC
AREA WITHIN A COUNTY THAT SHALL BE TESTED FOR AS PART OF ANY WATER  TEST
TO BE CONDUCTED IN ACCORDANCE WITH THIS SECTION. SUCH ADDITIONAL PARAME-
TERS  MAY  INCLUDE,  BUT NEED NOT BE LIMITED TO, TESTING FOR ARSENIC AND
MERCURY.
  (B) THE DEPARTMENT MAY, BY RULE OR REGULATION,  EXCLUDE  OR  LIMIT  BY
GEOGRAPHIC  AREA  OR  GEOLOGIC  FORMATION,  OR  BASED UPON WELL RECORDED
INFORMATION, ANY PARAMETER LISTED IN THIS SECTION DEEMED BY THE  DEPART-
MENT  AS  NOT  SIGNIFICANT  IN A COUNTY OR IN ANY SPECIFIC AREA WITHIN A
COUNTY AND SUCH AREA OF FORMATION NEED NOT BE  TESTED  AS  PART  OF  ANY
WATER TEST CONDUCTED IN ACCORDANCE WITH THIS SECTION.
  (C)  FOR  EACH  PARAMETER  TO  BE  TESTED  FOR IN ACCORDANCE WITH THIS
SECTION, THE DEPARTMENT SHALL ESTABLISH, BY REGULATION  A  MAXIMUM  TIME
PERIOD  FOR  WHICH  A TEST RESULT SHALL REMAIN VALID FOR THE PURPOSES OF
THIS  SECTION  WITHOUT  NECESSITATING  RETESTING  FOR  SUCH   PARAMETER;
PROVIDED,  HOWEVER,  SUCH  TIME PERIOD SHALL NOT EXCEED TWELVE MONTHS. A
RETEST OF THE WATER SUPPLY  SHALL  NOT  BE  REQUIRED  PURSUANT  TO  THIS
SECTION  IF  THE  CONTRACT  OF SALE IS ENTERED INTO WITHIN THE PERIOD OF
TEST VALIDITY ESTABLISHED PURSUANT TO THIS PARAGRAPH.    NOTWITHSTANDING
ANY  PROVISION  OF  THIS  PARAGRAPH  TO THE CONTRARY, A BUYER AND SELLER
SUBJECT TO THE PROVISIONS OF THIS SECTION MAY MUTUALLY AGREE  TO  RETEST
FOR  A  PARAMETER  EVEN THOUGH THE MAXIMUM TIME PERIOD FOR TEST VALIDITY
FOR THE PARAMETER ESTABLISHED PURSUANT TO THIS SECTION HAS NOT EXPIRED.
  4. (A) ANY WATER TEST CONDUCTED IN ACCORDANCE WITH THIS SECTION  SHALL
BE  CONDUCTED  BY  A  LABORATORY CERTIFIED BY THE DEPARTMENT PURSUANT TO
SECTION FIVE HUNDRED TWO OF THIS CHAPTER  TO  TEST  FOR  DRINKING  WATER
CONTAMINANTS.
  (B)  ANY  WATER TEST RESULTS PROVIDED BY A LABORATORY TO THE PERSON OR
PERSONS REQUESTING THE TEST SHALL INCLUDE THE MAXIMUM CONTAMINANT LEVELS
OR OTHER ESTABLISHED WATER QUALITY STANDARDS, IF ANY, PRESCRIBED BY  THE
DEPARTMENT  FOR  EACH  PARAMETER  TESTED  AND  SHALL BE TRANSMITTED ON A
STANDARDIZED PRIVATE WELL WATER TEST REPORTING FORM  PRESCRIBED  BY  THE

A. 4557                             4

DEPARTMENT.  THE  FORM  SHALL  PROVIDE INFORMATION REGARDING REMEDIATION
ALTERNATIVES AVAILABLE, AND SHALL REFER THE BUYER AND SELLER OF THE REAL
PROPERTY IN QUESTION TO THE APPROPRIATE  OFFICE  OR  PERSON  WITHIN  THE
DEPARTMENT,  OR THE DEPARTMENT'S WEBSITE FOR FURTHER INFORMATION REGARD-
ING SUCH ALTERNATIVES.
  (C) WITHIN FIVE BUSINESS DAYS AFTER COMPLETION OF THE  WATER  TEST,  A
LABORATORY  SHALL  SUBMIT  THE WATER TEST RESULTS TO THE DEPARTMENT WITH
THE FOLLOWING INFORMATION:
  (I) A STATEMENT THAT THE TESTING IS FOR THE PURPOSE OF COMPLYING  WITH
THE "PRIVATE WELL TESTING ACT";
  (II)  THE  LOCATION  OF  THE REAL PROPERTY, DESCRIBED BY BLOCK AND LOT
NUMBER, STREET ADDRESS, MUNICIPALITY, AND COUNTY;
  (III) THE NAME AND MAILING ADDRESS OF THE PERSON OR PERSONS MAKING THE
REQUEST FOR THE TEST;
  (IV) THE DATE AND TIME THAT THE WATER SAMPLE  WAS  COLLECTED  AND  THE
SPECIFIC POINT OF COLLECTION;
  (V) THE DATE AND TIME THE SAMPLE WAS ANALYZED BY THE LABORATORY; AND
  (VI)  SUCH  OTHER INFORMATION AS MAY BE REQUIRED BY THE DEPARTMENT, IN
CONSULTATION, IF DEEMED NECESSARY BY  THE  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION,  COUNTY  HEALTH  DEPARTMENT,  HEALTH AGENCY, OR DESIGNATED
HEALTH OFFICER, AS APPROPRIATE TO EACH COUNTY.
  (D) THE DEPARTMENT MAY REQUIRE LABORATORIES TO  SUBMIT  ELECTRONICALLY
THE INFORMATION REQUIRED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
  (E)  A  LABORATORY  SHALL NOT RELEASE WATER TEST RESULTS TO ANY PERSON
EXCEPT THE BUYER AND SELLER OF THE REAL PROPERTY AT ISSUE AS PROVIDED IN
SUBDIVISION ONE OF THIS SECTION, THE LESSOR  OF  THE  REAL  PROPERTY  AS
PROVIDED  IN  SUBDIVISION FIVE OF THIS SECTION, ANY PERSON AUTHORIZED BY
THE BUYER, SELLER, OR LESSOR, AS THE CASE MAY BE, THE DEPARTMENT, OR ANY
PERSON DESIGNATED BY COURT ORDER.
  (F) THE DEPARTMENT SHALL COMPILE THE DATA ACCUMULATED FROM  THE  WATER
TEST  RESULTS  SUBMITTED  BY  LABORATORIES PURSUANT TO THIS SECTION IN A
MANNER THAT SHALL BE USEFUL TO THE DEPARTMENT, COUNTIES, MUNICIPALITIES,
OR OTHER GOVERNMENTAL ENTITIES FOR THE PURPOSES OF STUDYING  GROUNDWATER
SUPPLIES OR CONTAMINATION IN THE STATE.
  (G)  THE  RESULTS OF WATER WELL TESTS SHALL BE PROVIDED TO THE DEPART-
MENT OF  ENVIRONMENTAL  CONSERVATION  FOR  INCLUSION  IN  THE  STATEWIDE
GROUNDWATER  REMEDIATION  STRATEGY  DEVELOPED IN ACCORDANCE WITH SECTION
15-3109 OF THE ENVIRONMENTAL CONSERVATION LAW AND THE GEOGRAPHIC  INFOR-
MATION  SYSTEM  DEVELOPED IN ACCORDANCE WITH SECTION 3-0315 OF THE ENVI-
RONMENTAL CONSERVATION LAW.
  5. THE DEPARTMENT, WITHIN  FIVE  BUSINESS  DAYS  AFTER  RECEIVING  ANY
REPORT  OF  A  WATER TEST FAILURE IN ACCORDANCE WITH THIS SECTION, SHALL
PROVIDE NOTICE OF SUCH WATER TEST FAILURE TO THE COUNTY  HEALTH  DEPART-
MENT  THE  FAILING PRIVATE WELL IS LOCATED WITHIN. THE COUNTY DEPARTMENT
OF HEALTH SHALL ISSUE A GENERAL NOTICE TO OWNERS OF REAL PROPERTY SERVED
BY PRIVATE WELLS LOCATED IN THE VICINITY OF THE REAL PROPERTY EXPERIENC-
ING THE WATER TEST FAILURE SUGGESTING OR RECOMMENDING THAT THOSE PROPER-
TY OWNERS MAY WISH TO HAVE THEIR PRIVATE WELLS TESTED FOR AT  LEAST  THE
PARAMETERS  AT  ISSUE.  THE  SPECIFIC ADDRESS OR LOCATION OF THE PRIVATE
WELL THAT FAILED A WATER TEST SHALL NOT BE IDENTIFIED IN THE  NOTICE  OR
BY  ANY  OTHER MEANS OR IN ANY OTHER MANNER. THE DEPARTMENT SHALL ESTAB-
LISH CRITERIA FOR NOTIFICATION WHICH  MAY  INCLUDE,  BUT  SHALL  NOT  BE
LIMITED  TO,  THE  MAXIMUM  CONTAMINANT  LEVEL,  THE LEVEL OF EXCEEDANCE
REPORTED, AND THE DISTANCE OR LOCATION OF THE PROPERTIES IN THE VICINITY
OF THE CONTAMINATED WELL FOR WHICH TESTING IS RECOMMENDED.

A. 4557                             5

  6. WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION,  AND  AT
LEAST  ONCE EVERY FIVE YEARS THEREAFTER, THE LESSOR OF ANY REAL PROPERTY
THE POTABLE WATER SUPPLY FOR WHICH IS A PRIVATE  WELL  SHALL  TEST  THAT
WATER  SUPPLY  IN THE MANNER ESTABLISHED PURSUANT TO THIS SECTION FOR AT
LEAST  THE PARAMETERS REQUIRED PURSUANT TO SUBDIVISIONS TWO AND THREE OF
THIS SECTION. WITHIN THIRTY DAYS AFTER THE RECEIPT OF THE TEST  RESULTS,
THE LESSOR SHALL ALSO PROVIDE A WRITTEN COPY THEREOF TO EACH LESSEE OF A
RENTAL  UNIT  ON  THE  PROPERTY. THE LESSOR SHALL ALSO PROVIDE A WRITTEN
COPY OF THE MOST RECENT TEST RESULTS TO A NEW LESSEE OF A RENTAL UNIT ON
THE PROPERTY.
  7. (A) THE DEPARTMENT, IN CONSULTATION WITH COUNTY HEALTH DEPARTMENTS,
AND THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION,  SHALL  ESTABLISH  A
PUBLIC INFORMATION AND EDUCATION PROGRAM TO INFORM THE PUBLIC AND APPRO-
PRIATE PROFESSIONAL DISCIPLINES OF THE ENACTMENT OF THIS SECTION AND THE
SUBSTANCE  OF  ITS  PROVISIONS  AND  REQUIREMENTS,  THE POTENTIAL HEALTH
EFFECTS OF CONSUMING WATER FROM A PRIVATE WELL THAT DOES NOT MEET  MAXI-
MUM  CONTAMINANT  LEVELS  AND OTHER ESTABLISHED WATER QUALITY STANDARDS,
THE POTENTIAL PRESENCE OF RADIUM IN AT LEAST  SOME  POTABLE  GROUNDWATER
SUPPLIES  IN  THE STATE, THE GEOGRAPHIC AREAS IN THE STATE SUBJECT TO AN
ACTUAL OR POTENTIAL THREAT OF DANGER FROM CONTAMINATED GROUNDWATER,  THE
IMPORTANCE  OF  TESTING  PRIVATE  WELLS  REGULARLY FOR CONTAMINANTS, AND
SUGGESTED WATER TREATMENT TECHNIQUES, EQUIPMENT  STRATEGIES  AND  PUBLIC
FUNDING  SOURCES  AVAILABLE  FOR  TREATING WATER FROM PRIVATE WELLS THAT
HAVE FAILED A WATER TEST CONDUCTED IN ACCORDANCE WITH THIS SECTION.
  (B) THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC A GENERAL COMPI-
LATION OF WATER TEST RESULTS DATA ARRANGED OR IDENTIFIED BY  COUNTY  AND
MUNICIPALITY  OR APPROPRIATE GEOGRAPHIC AREA THEREIN, BUT WHICH DOES NOT
INCLUDE SPECIFIC ADDRESS OR LOCATION INFORMATION.
  8. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR PREEMPT  THE
AUTHORITY  OF  A  COUNTY, COUNTY HEALTH DEPARTMENT, OR DESIGNATED HEALTH
OFFICER FROM MAKING OR CAUSING TO BE MADE SUCH INSPECTION AND TESTING OF
A WATER SUPPLY AS MAY BE NECESSARY TO ENSURE THE HEALTH  AND  SAFETY  OF
THE RESIDENTS OF THE STATE.
  9.  WITHIN  THREE  YEARS  OF  THE  EFFECTIVE DATE OF THIS SECTION, THE
DEPARTMENT SHALL PREPARE AND TRANSMIT TO THE GOVERNOR AND LEGISLATURE  A
REPORT  ON THE IMPLEMENTATION AND OPERATION OF THIS SECTION. SUCH REPORT
SHALL ALSO DESCRIBE THE BENEFITS AND DEFICIENCIES REALIZED AS  A  RESULT
OF THIS SECTION AND INCLUDE RECOMMENDATIONS FOR ANY APPROPRIATE LEGISLA-
TIVE  ACTION.  THE REPORT SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC AND
BE POSTED ON THE DEPARTMENT'S WEBSITE.
  S 6. The real property law is amended by adding a new section  468  to
read as follows:
  S  468.  PRIVATE WELL TESTING REQUIREMENTS.  1. EVERY CONTRACT FOR THE
SALE OF REAL PROPERTY WHICH IS SERVED BY A  PRIVATE  WELL  THAT  IS  THE
POTABLE WATER SUPPLY FOR SUCH PROPERTY SHALL INCLUDE A PROVISION REQUIR-
ING  AS  A  CONDITION  OF  SALE, THE TESTING OF SUCH WATER SUPPLY FOR AT
LEAST THE STANDARDS PRESCRIBED PURSUANT TO SECTION ELEVEN HUNDRED TEN OF
THE PUBLIC HEALTH LAW. PROVISIONS OF THIS SECTION  SHALL  NOT  APPLY  TO
PROPERTY  WHERE  THE  POTABLE  WATER  SUPPLY  HAS  FIVE  OR MORE SERVICE
CONNECTIONS OR THAT REGULARLY SERVES AN AVERAGE OF TWENTY-FIVE  OR  MORE
INDIVIDUALS DAILY FOR AT LEAST SIXTY DAYS OUT OF THE YEAR.
  2.  CLOSING OF TITLE ON THE SALE OF SUCH REAL PROPERTY SHALL NOT OCCUR
UNLESS BOTH THE BUYER AND THE SELLER HAVE RECEIVED AND REVIEWED  A  COPY
OF  THE  WATER TEST RESULTS. AT CLOSING, THE BUYER AND SELLER BOTH SHALL
CERTIFY IN WRITING THAT THEY HAVE RECEIVED AND REVIEWED THE  WATER  TEST
RESULTS.

A. 4557                             6

  3. THE REQUIREMENTS OF THIS SECTION MAY NOT BE WAIVED.
  S 7. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed  to
be made and completed on or before such effective date.