An Act To Ensure Safe Drinking Water from Private Wells (AFfER DEADLINE)
Maine Legislature, Session 123, LD 1775
Committee: Health and Human Services
Sponsors: MOORE, McCORMICK, RA YE

Legislative Document 
No. 1775 
H.P.1242 
House of Representatives, March 28, 2007 
An Act To Ensure Safe Drinking Water from Private Wells 
(AFfER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative MOORE of Standish. 
Cosponsored by Senator McCORMICK of Kennebec and 
Senator: RA YE of Washington. 
Printed on recYl: led paper 
'!r/~/h.~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA c. 601, sub-c. 8 is enacted to read: 
SUBCHAPTER 8 
PRIVATE WELL TESTING ACT 
§2660-M. Short title 
This subchapter may be known and cited as "the Private Well Testing Act." 
§2660-N. Water testing of private wells 
1. Water testing; provision of contract of sale. A contract of sale of real property 
for which the potable water supply is a private well located on the property or for which 
the potable water supply is a well that has fewer than 15 service connections or that does 
not regularly serve an average of at least 25 individuals daily at least 60 days out of the 
year must include a provision requiring, as a condition of the sale, the testing of the water 
supply for at least the elements described in subsections 3 and 4. 
2. Review water test results. The sale of real property under subsection 1 may not 
occur unless both the buyer and the seller have received and reviewed a copy of the water 
test results. At closing, both the buyer and seller shall certify in writing that they have 
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received and reviewed the water test results. 
3. Water test elements. A water test conducted in accordance with this subchapter 
must include a test for arsenic and uranium. 
4. 
Additional elements. 
The department may adopt rules that list additional 
elements that the department determines significant and that must be included as part of a 
water test conducted in accordance with this subchapter. 
5. Exclusion. The department, in consultation with the State Geologist, may adopt 
rules to exclude or limit by geographic area or geologic formation or based upon well 
record information any element listed in subsection 3 that the department determines is 
not significant in It specific area and does not have to be tested for as part of a water test 
to be conducted in, acco£clance with this subchapter. 
6. Time perioo. For each element to be tested in accordance with this subchapter, 
the department shall adopt rules that establish a maximum time period for which a test 
result remains valid for the purposes of subsection 2 without necessitating retesting for 
that element. A retest of the water supply is not required pursuant to subsection 1 if the 
contract of sale is entered into within the period of test validity established pursuant to 
this subsection. Notwithstanding any provision of this subsection, a buyer and seller 
subject to the provisions of subsection 1 may mutually agree to retest for an element even 
though the maximum time period for test validity for that element has not expired. 
Page I - 123LR2557(OI)-1 
7. 
Rules. Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
§2660-0. Water testing by laboratory 
1. Approved laboratory. A water test conducted in accordance with this subchapter 
must be conducted by a laboratory approved by the department pursuant to section 2607. 
2. Report. A water test result provided by a laboratory to the person requesting the 
test must include the maximum contaminant levels allowable or other established water 
quality standards prescribed by the department for each element tested. The results must 
be transmitted on a standardized private well water test reporting form provided by the 
department. 
The form must provide information regarding remediation alternatives 
available and must refer the buyer and seller of the real property to appropriate resources 
for further information regarding any alternatives. The department may establish rules to 
set quality standards. Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
3. Information required. The laboratory, within 5 days after completion of a water 
test under this subchapter, shall submit the water test results to the department together 
with the following information: 
A. A statement that the testing is for the purpose of complying with the Private Well 
Testing Act; 
B. 
The location of the real property, described by block and lot number, street 
address, municipality and county; 
C. The name and mailing address of the person making the request for the test; 
D. The name of the employee or authorized representative of the laboratory who 
collected the well sample; 
E. The date and time that the water sample was collected and the specific point of 
collection; 
F. The date and time the sample was analyzed by the laboratory; and 
G. Any other information the department may require. 
4. Submission. The department may require a laboratory to submit electronically 
the information required pursuant to subsection 3. 
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5. Release of results. A laboratory may not release water test results under this 
subchapter to a person except the buyer and seller of the real property pursuant to section 
2660-N, the lessor of the real property pursuant to section 2660-0, a person authorized by 
the buyer, seHer or lessor, the department or a person designated by court order. 
6. Data. The department shall compile the data accumulated from the water test 
results submitted by laboratories pursuant to this section in a manner that is useful to the 
department, counties, municipalities or other governmental entities for the purposes of 
studying groundwater supplies or contamination in the State. 
§2660-P. Actions on water testing results 
1. Notification. The department, within 5 business days after receiving a report of a 
water test failure in accordance with this subchapter, shall provide notice of the test 
failure to the municipality, health agency, designated local health officer or other 
governmental entity, as appropriate to each region in which the private well that failed the 
water test is located. The municipality, health agency, designated health officer or other 
governmental entity may issue a general notice to owners of real property served by 
private wells located in the vicinity of the real property experiencing the water test failure 
suggesting or recommending that those property owners have their private wells tested 
for at least the elements at issue. The specific address or location of the private well that 
failed a water test may not be identified in the notice or by any other means or in any 
other manner. The department shall establish criteria for notification that may include, 
but are not limited to, test levels at which notification is recommended and the area in the 
vicinity of the contaminated well for which testing is recommended. It is at the sole 
discretion of the municipality, health agency, designated local health officer or other 
governmental entity whether or not to issue a notice and to whom and by what means the 
notice must be given. 
2. Confidentiality. Water test results received by the department, a municipality, 
health agency, designated health officer or any other governmental entity in compliance 
with or as authorized by this subchapter are confidential and may not be open for public 
examination, inspection or copying. 
General compilations of water test results data 
arranged or identified by county and municipality or appropriate geographic areas that do 
not include specific address or location information may be made available to the public. 
§2660-Q. Lessor's water testing responsibilities 
By March 1, 2009 and at least once every 5 years thereafter, a lessor of real property 
for which the potable water supply is a private well that water testing is not required for 
pursuant to any other state law shall test the water supply in the manner established by 
this subchapter for at least the elements required pursuant to section 2660-N. Within 30 
days after receipt of the test results, the lessor shall provide a written copy of the test 
results to each 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. 
§2660-R. Authority not preempted 
Nothing in this subchapter may be construed to limit or preempt the existing authority 
of any governmental entity to make or cause to be made an inspection and testing of a 
water supply that may be necessary to ensure the health and safety of the residents of the 
State. 
Sec. 2. Public information and education program. The Department of 
Health and Human Services, in consultation with health agencies, designated health 
officers and other appropriate governmental entities, shall establish a public information 
and education program to inform the public and appropriate professional disciplines of 
the enactment of the Maine Revised Statutes, Title 22, chapter 601, subchapter 8 and the 
substance of its provisions and requirements. The program must include: 
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I. The potential health effects of consuming water from a private well that does not 
meet contaminant level standards and other established water quality standards; 
2. The potential presence of arsenic, uranium and other contaminants in at least some 
potable groundwater supplies in the State; 
3. The geographic areas in the State subject to an actual or potential threat from 
contaminated groundwater; 
4. The importance oftesting private wells regularly for contaminants; and 
5. 
Suggested water treatment techniques, equipment and strategies and public 
funding sources available for treating water from private wells that have failed a water 
test conducted in accordance with Title 22, chapter 601, subchapter 8. 
The department shall once a year make available to the public a general compilation 
of water test results data pursuant Title 22, chapter 601, subchapter 8 arranged or 
identified by county and municipality or appropriate geographic areas that does not 
include specific address or location information. 
Sec. 3. Report to Legislature. No later than January 15, 2012, the Department of 
Health and Human Services, in consultation with municipalities, health agencies, 
designated health officers and other appropriate governmental entities, shall prepare and 
submit a report on the implementation of the Maine Revised Statutes, Title 22, chapter 
I, subchapter 8 to the joint standing committee of the Legislature having jurisdiction 
over agriculture matters. The report must describe the benefits and deficiencies realized 
as a result of that subchapter and include recommendations for any legislative action. 
This report must also be made available to the public free of charge. 
SUMMARY 
This bill enacts the Private Well Testing Act. The bill requires that a water test be 
done on a private well before a property may be sold. The bill also designates who may 
perform the water tests. The bill also requires the Department of Health and Human 
Services to provide a copy of a failed test result to the municipality, health agency, local 
health officer and any other governmental entity in the area that the private well is 
located. The bill requires a lessor to have a private well tested every 5 years beginning in 
2009. 
The bill also requires the department to establish a public information and 
education program to inform the public of the enactment of the Private Well Testing Act 
and the substance of its provisions and requirements. The department is required to 
submit a report to the joint standing committee of the Legislature having jurisdiction over 
agriculture matters by January 15,2012.