§ 23-1-5.3 - Duties of the office of private well water contamination.
SECTION 23-1-5.3
§ 23-1-5.3 Duties of the office of privatewell water contamination. – The office of private well water contamination shall:
(1) Coordinate the response of all state agencies toinstances of private well water contamination;
(2) Inform public officials of private well contaminationevents occurring within their jurisdictions and advise them of any actionsproposed by the department of health or other state agencies;
(3) Advise private well owners, public officials and otherson applicable federal and state policies, regulations, and standards relativeto private well water contamination;
(4) Develop educational materials describing drinking waterquality standards for private wells, private well testing requirements,groundwater contamination and existing programs and procedures for itsabatement and prevention;
(5) Develop regulations establishing procedures for providingemergency response to private well water contamination including the provisionof bottled water and/or water filters where appropriate;
(6) Develop and promulgate any rules and regulations that arenecessary to establish drinking water quality standards for private wells, andshall be subject to the Administrative Procedures Act, chapter 35 of title 42.As a minimum, these rules and regulations shall:
(i) Specifically identify all contaminants to be tested, aswell as the acceptable level for each contaminant;
(ii) Require testing for coliform bacteria, fluoride, iron,lead, manganese, nitrate, nitrite and turbidity of all new private wells priorto being placed into service as a source of drinking water;
(iii) Require testing for coliform bacteria, fluoride, iron,lead, manganese, nitrate, nitrite and turbidity of all private wells currentlyin service, or capable of being placed in service, as a source of drinkingwater, prior to sale of a property upon which they are located or serviced;
(iv) Require the property owner to disclose the results ofany previous well water testing prior to sale or lease of a property upon whichthe well(s) are located or serviced;
(v) Establish minimum qualifications for professionalsengaged in sampling private water wells and preparing opinions relating to thequality of the water;
(vi) Establish requirements and procedures for reporting theresults of all private well testing to the director of health and municipalbuilding officials;
(vii) Establish specific guidance for municipal buildingofficials as to what constitutes "potable" water for a private well, andcontaminant levels which constitute a public health concern with regard to theissuance of a certificate of occupancy and recommendations for further testingbeyond that required in paragraphs (ii) and (iii) of this subdivision; and
(7) Establish and maintain a database showing known areaswhere there are contaminants of concern to public health and make these resultsavailable to the public through the website of the department of health.