# Environment (GEN)

## Title 9. Water, Ice, and Sanitary Facilities

### Subtitle 4A. Private Well Safety Program

#### Section 9-4A-01

(a) In this subtitle the following words have the meanings indicated.

(b) "Maximum contaminant level" means a standard that is:

  (1) Set by the U.S. Environmental Protection Agency or the Department for drinking water quality; and

  (2) The legal threshold limit on the amount of a substance that is allowed in a public water system under the federal Safe Drinking Water Act.

(c) "Private well" means a private or domestic water supply well that is a source of potable water.

(d)

  (1) "Water quality testing" means water quality sampling, testing, and analysis:

    (i) Conducted by a State-approved water sampler and a State-approved laboratory for a private well; and

    (ii) Of which the minimum sampling criteria include bacteria, nitrate, and turbidity.

  (2) "Water quality testing" includes water quality sampling of any contaminant of concern, as determined by the Department.

#### Section 9-4A-02

(a) On or before December 31, 2026, the Department shall adopt regulations to identify a list of additional standards for water quality testing that the Department deems necessary for each county or any specific area within a county.

(b) Regulations adopted in accordance with this subsection may require, as appropriate, testing for:

  (1) Manganese;

  (2) Arsenic;

  (3) Radon;

  (4) Mercury; and

  (5) Other volatile organic compounds for which there is a maximum contaminant level.

#### Section 9-4A-03

(a) Subject to the availability of funding for the planning and implementation of an online portal, and in consultation with the Department of Information Technology, the Department shall utilize an online portal:

  (1) To receive the results of water quality testing from State-certified laboratories and the Maryland Geological Survey;

  (2) To upload certificates of potability as required under COMAR 26.04.04.30, results of water quality testing, and other relevant information submitted to the Department related to private wells, on at least a quarterly basis; and

  (3) To provide public access to the information received under items (1) and (2) of this subsection in a manner that is easy to use and categorized by county.

(b) On implementation of the online portal under this section:

  (1) A county may submit to the Department records of certificates of potability, as required under COMAR 26.04.04.30, and any results of water quality testing received voluntarily from residents; and

  (2) A State-certified laboratory that conducts water quality testing of private wells for the purpose of implementing this subtitle shall submit to the Department the results of each water quality test conducted by the laboratory in a manner determined by the Department.

(c) The Department shall:

  (1) Consistently share the information collected under this section with the Maryland Department of Health and local health departments; and

  (2) Encourage the Maryland Department of Health and local health departments to share relevant information to the online portal.

#### Section 9-4A-04

(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; or

      (3) 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.

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Md. Code Ann., Envir. (as displayed at mgaleg.maryland.gov, October 16, 2026)