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

                                  2678

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by  Sens. MORAHAN, HANNON -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation

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:
  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

              

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

S. 2678                             2

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
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

S. 2678                             3

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
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.

S. 2678                             4

  (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.
  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,

S. 2678                             5

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.
  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.