WESTCHESTER COUNTY, NEW YORK - PRIVATE WELL WATER TESTING LAW
FREQUENTLY ASKED QUESTIONS
Applicability
& General Requirements
1. What does the Private Well-Water Testing Law require?
2. What types of properties are subject to the testing
requirement?
3. When in the real-estate sales process does testing have
to happen? When the contract is signed?
What about rentals? What about new wells or wells that have
not been in use?
4. When do the testing requirements take effect?
5. How much will the testing cost? Who pays for the testing?
6. What will happen if the testing is not done? Will the
property sale be void?
7. My property has public water for drinking, and also an
on-site well used only for other purposes
such as lawn watering. Does that well have to be tested?
8. Does the testing requirement apply to drinking water
wells at newly constructed residences?
9. What contaminants must the well water be tested for?
10. What is the difference between a primary and secondary
contaminant?
11. Are there additional regulations that apply to the
Private Well-Water Testing Law?
12. Where can I find a copy of the Law and the Westchester
County Heath Department Rules &
Regulations For Private Well water Testing?
13. If testing reveals that the well water system does not
meet drinking water quality standards for
one or more of the contaminants tested, does treatment have
to be installed?
14. If treatment is currently installed, does my well still
need to be tested?
15. If treatment is currently installed, is this treatment
acceptable when water testing does not meet
drinking water quality standards for one or more primary
contaminants?
Q1: What does the Private Well-Water Testing Law,
Westchester County Local Law 7 of 2007, Laws of
Westchester County § 707.01 et seq. (PWTL) require?
A1: The Law applies to properties served by private wells
used for drinking water, and requires that
private well water systems be tested for primary and
secondary contaminants upon the sale of any
real property, and for leased real property by November 19,
2008 (or within twelve (12) months from
the date that any real property becomes subject to a
leasehold if a lessor begins leasing the real
property after the law’s effective date (i.e., November 19,
2007)) and at least once every five (5)
years thereafter. The Law also requires that all new private
wells, prior to first use, and all private
wells not in use as a potable water supply for a period of
five (5) years must be tested. The results of
the water test must be delivered to both the buyer and
seller, or in the case of a leased property, to
the lessee(s). The law contains provisions on the rights and
responsibilities of parties whenever
testing reveals that the well water system does not meet drinking
water quality standards for one or
more of the contaminants tested , and sets forth the
procedural requirements placed on the parties to
remediate or correct the condition to establish safe levels
of contaminants. The Law does not apply to
a property served by a regulated Public Water Supply where
the potable water supply system either
serves five or more properties or regularly serves an
average of twenty-five (25) or more individuals
daily for at least sixty (60) days out of the year.
Q2: What types of properties are subject to the testing
requirement?
A2: The Law covers SALES and LEASES of properties served by
private wells, as well as properties
with NEW wells or wells that have not been in use for a
period of five years. The law does not apply to
gifts of real property nor to transfers of property that
occur by operation of law. The law also does not
apply to real property served by a public water system. Q3:
When in the real-estate sales process does testing have to happen? When the contract
is signed?
What about rentals? What about new wells or wells not in
use?
A3: The Law requires the following:
• Upon the signing of a contract of sale for a property
subject to the Law, the seller must
cause a water test to be conducted in the manner provided,
and for at least the contaminants
required, by the Law.
• The lessor of real property served by a private well must
test the well water: (1) by November
19, 2008; or (2) within twelve (12) months from the date
that any real property becomes
subject to a leasehold if a lessor begins leasing the real
property after the law’s effective date
(i.e., November 19, 2007)); and (3) at least once every five
(5) years after the dates
established in (1) or (2) above Results must be provided to
current lessees within (5) days of
receipt of water test results. Every time a rental property
subject to the Law is leased, a
written copy of the most recent test results must be given
to the lessee.
• All new wells, prior to first use must have the well water
tested prior to use. All wells not in
use for a period of five (5) years are treated as new well
and must be tested prior to use.
Q4: When do the testing requirements take effect?
A4: The effective date of the Law is Monday, November 19,
2007. Accordingly, on and after that
date, all sales of property served by private wells, all new
wells and wells that have not been in use
for a period of five (5) years are subject to the Private
Well-Water Testing Law and are required to
meet the testing requirements. Testing is not required for
real estate transactions that were already
under contract before the statute went into effect (November
19, 2007). The testing requirement for
leased properties must be completed by: (1) November 19,
2008; or (2) within twelve (12) months
from the date that any real property becomes subject to a
leasehold if a lessor begins leasing the real
property after the law’s effective date (i.e., November 19,
2007)); and (3) at least once every five (5)
years after the dates established in (1) or (2) above.
While testing is not required under the law for real estate
transactions under contract prior to
November 19, 2007, the County Department of Health
recommends that well water be tested in
connection with the real estate sale. This testing provides
important water quality information that
people and their families should know.
Q5: How much will the testing cost? Who pays for the
testing?
A5: Laboratories testing rates vary, depending on how hard
it is to collect the sample, the location of
the property in relation to the lab, and other factors. The
DOH estimates that the average price will be
between $400 and $450. In the case of the sale of real
property, the seller is required to arrange and
pay for the cost of water testing. In the case of leased
property, the lessor must obtain and pay for
the testing and provide the results to the tenant.
Q6: What will happen if the testing is not done? Will the
property sale be void?
A6: Testing of your well water is important to your family's
health. If testing is not done, you and
your family may face a health risk and not know it. While
the property sale may not be void,
offenders may be subject to enforcement action by the County
Department of Health.
Q7: My property has public water supply for drinking, and
also an on-site well used only for other
purposes such as lawn watering. Does that well have to be
tested?
A7: No. Only drinking water wells are subject to the law.
Q8: Does the testing requirement apply to newly constructed residences?
A8: Yes, the law applies to any drinking water well if the
well is newly constructed and to any drinking
water well at existing residences if the property is being
sold or leased.
Q9: What contaminants must the well water be tested for?
A9: All wells must be tested for the following primary
contaminants: total coliform bacteria; nitrate,
arsenic, lead, all primary organic contaminants (POCs)
including in Part 5 of the New York State
Sanitary Code, vinyl chloride; and methyl-tertiary-butyl-ether
(MTBE); and the following secondary
contaminants: pH, iron, manganese, sodium and chloride. If
sample tests positive for total coliform
bacteria, a test must also be conducted for either fecal
coliform or Eschericia coli (e-coli). Appendix A
of the Westchester County Health Department Rules &
Regulations contains a table showing all
contaminants that must be tested with their corresponding
Maximum Contaminant Level (MCL),
sources in drinking water, health effects, and recommended
treatment.
Q10: What is the difference between a primary and secondary
contaminant?
A10: A primary parameter or contaminant is a term that
describes the maximum contaminant level
set by the New York State Department of Health for
contaminants such as bacteria, nitrate and
arsenic. Primary contaminants impact sanitary water quality.
Wells that fail the primary contaminant
tests pose a health risk. A secondary parameter or
contaminant generally refers to contaminants
related to aesthetic water quality, such as iron, chlorides,
and manganese, and also include sodium
and pH.
Q11: Are there additional regulations that apply to the
Private Well-Water Testing Law?
A11: The Law requires that the Westchester County Department
of Health promulgate Rules &
Regulations to supplement the Law which may be found at
www.westchestergov.com/health
Q12: Where can I find a copy of the Law and the Westchester
County Heath Department Rules &
Regulations For Private Well water Testing?
A12: Both the Law and the Rules & Regulations may be
found at the Westchester County Department
of Health website www.westchestergov.com/health.
Q13: If testing reveals that the well water system does not
meet drinking water quality standards for
one or more of the contaminants tested, does treatment have
to be installed?
A13: Treatment must be installed only when one or more
primary contaminants do not meet drinking
water quality standards following any other remedial actions
taken. If there are only secondary
contaminants that do not meet drinking water quality
standards then treatment is not required.
Section 3.0 of the Westchester County Health Department
Rules & Regulations provides details on
required remediation and treatment.
Q14: If treatment is currently installed, does my well still
need to be tested?
A14: Yes.
Q15: If treatment is currently installed, is this treatment
acceptable when water testing does not
meet drinking water quality standards for one or more
primary contaminants?
A15: Maybe. Appropriate remediation and treatment measures
are summarized in Section 3 and
Appendix A of the Westchester County Health Department Rules
& Regulations. Collection & Analysis of Samples
1. Who must collect the sample? May I do it myself?
2. May a real estate agent collect water samples for
analysis?
3. Where can I find a list of certified laboratories ?
4. Where in my house should the water sample be collected?
What if I have a water softener or
other treatment unit installed? Is the collection location
the same for lead analysis?
5. For lead analysis, what is the difference between a first
draw sample and a flushed water sample?
6. Previously, I had water testing done for other reasons.
May I use those test results to comply
with the PWTL? For example, may I use test results from four
months ago?
7. Can more than one laboratory be used for the testing?
8. May I test my well for additional parameters not required
in the PWTL or its rules and regulations?
9. Who pays for the sampling and testing?
Q1: Who must collect the sample? May I do it myself?
A1: The sample must be collected by either an employee of a
laboratory certified by the New York
State Department of Health to test for drinking water
contaminants; or by an authorized
representative of such a laboratory. See the PWTL which may
be found at the Westchester County
Department of Health website www.westchestergov.com/health
for definitions of "certified laboratory"
and "authorized representative."
Q2: May a real estate agent collect water samples for
analysis?
A2: Unless the real estate agent is an employee or
authorized representative of a "certified
laboratory," as defined in the Law, the real estate
agent may NOT collect samples for well water
testing.
Q3: Where can I find a list of certified laboratories?
A3: The list of certified laboratories registered with the
Westchester County Health Department to
conduct water tests pursuant to the Law may be found at the
Westchester County Department of
Health website www.westchestergov.com/health
Q4: Where in my house should the water sample be collected? What
if I have a water softener or
other treatment unit installed? Is the collection location
the same for lead analysis?
A4: The water sample must be collected on untreated water.
If the plumbing in the house or building
has a water softener, water filter, or other treatment unit
installed, the water treatment system must
be disconnected or otherwise disabled prior to the
collection of the water sample or the sample must
be collected before the water goes through the treatment
system. If there is no treatment unit
installed, the water may be taken from any cold water,
non-aerated spigot or tap that draws from, or
feeds water to, the potable water system of the property. In
the case of a new well construction and
installation where there is no spigot or tap on the
property, the sample may be collected directly at
the wellhead (raw water sample). For lead analysis, two
water samples must be collected: a first
draw tap sample and a flushed water sample. Q5: For lead analysis,
what is the difference between a first draw sample and a flushed water sample?
A5: Under the Law, a “first draw tap sample” means, for the
purposes of lead analysis, a one liter
sample of water collected from a cold water tap after the
water has stood in the plumbing system for
at least six hours and is collected without flushing the
tap. A “flushed water sample” means water
that has been taken from a cold water tap after the water
has been allowed to flush through the
plumbing system and the tap for at least two minutes or
until the water changes to a cold
temperature, whichever is later.
Q6: Previously, I had water testing done for other reasons.
May I use those test results to comply
with the Law? For example, may I use test results from four
months ago?
A6: If the sample was collected and tested in accordance
with all the requirements of the Law and the
Rules and Regulations promulgated thereunder, the test
results may be used to comply with the Law
for one year after the sample was collected, except for the
coliform results, which may be used for six
months after sample collection. Of course, if a new well
were installed, the test results from the old
well could not be used.
Q7: Can more than one laboratory be used for the testing?
A7: Yes, as long as all the laboratories are certified by
the New York State Department of Health for
the analysis of the particular parameters the laboratories
are analyzing. It is important to note that
the party collecting the sample must be an employee or
authorized representative of a certified
laboratory registered with the Westchester County Health
Department to conduct water tests pursuant
to the Law. The list of certified laboratories registered
with the Westchester County Health Department
to conduct water tests pursuant to the Law may be found at
the Westchester County Department of
Health website www.westchestergov.com/health However, the
Law requires that one lab coordinate
and submit all the test results electronically to the
Westchester County Health Department.
Q8: May I test my well for additional parameters not
required in the Law or the Rules and
Regulations?
A8: Yes. The Law and the Rules & Regulations set minimum
parameters. Anyone is free to test for
more contaminants. If you choose to have additional tests,
the Westchester County Health
Department recommends using a laboratory certified by the
New York State Department of Health for
the analysis of that parameter in drinking water. Results of
other parameters tested, that are not
required to be tested under the Law or the Rules and
Regulations, shall not be reported by the
Certified Laboratory to the Department. However, the public
is advised to contact the Department
should there be any questions regarding the results of other
parameters tested.
Q9: Who pays for the testing?
A9: When there is a sale of property, the costs for testing
for the parameters set forth in the law are
borne by the seller. Where the parties to a sale of property
test for additional contaminants not
included in the Law, the costs for those additional
parameters are negotiated between the buyer and
the seller. When property is leased, the lessor must obtain
and pay for the testing and provide the
results to the tenant. Interpreting Test Results &
Subsequent Actions (including treatment)
1. Will the lab tell me if my water is clean?
2. If the well water does not meet one or more of the
drinking water standards, does that mean it's
not safe to drink?
3. If the well water does not meet one or more of the
drinking water standards, can the property
sale be completed? Does the water have to be treated before
the property is sold or rented?
4. If testing reveals that the well water system does not
meet drinking water quality standards for
one or more of the primary contaminants tested, who will pay
to have the water treated?
5. If a well fails to meet one or more of the standards,
will the County DOH make that information
public?
6. What are the types of home drinking water treatment
devices available, and which are generally
effective for specific contaminants?
7. What is the current effective Maximum Contaminant Level
(MCL) for Arsenic in potable well
water?
8. What can I do to reduce my exposure to arsenic?
9. If the well water does not meet one or more of the
drinking water standards, what type of
assistance from the County or the State is available for
treatment?
10. What happens if a water test discloses a primary
parameter water test failure and the premises is
occupied as a residence?
11. Who is responsible for correcting or remediating the
condition after a water test discloses a
primary parameter water test failure?
Q1: Will the lab tell me if my water is clean?
A1: The laboratory is required to report the test results to
the person who requested the test, on a
Private Well Water Test Reporting Form (pdf format) provided
by the County Department of Health. If
all analytical results are below the applicable maximum
contaminant levels, guidelines and within the
optimal pH range, the statement shall read: “All analytical
results meet primary and secondary
contaminant standards for drinking water.” If the analytical
result for one or more primary
parameters exceeds maximum contaminant levels, the statement
shall read: “One or more of the
analytical results do not meet primary water quality
standards for drinking water.” If the analytical
result for one or more secondary parameters exceeds the
guidelines or optimal range, the statement
shall read: “One or more of the analytical results do not
meet secondary contaminant standards for
drinking water.”
Q2: If the well water does not meet one or more of the
drinking water standards, does that mean it's
not safe to drink?
A2: Not necessarily. Some of the standards are based on
aesthetics (secondary standards), while
some are based on long-term health effects (primary
standards). The fact that water tests above the
standard would not necessarily mean that the water is unsafe
to drink. For example, high levels of
iron (secondary standard) in the water are generally not
dangerous but do give the water an
unpleasant taste. On the other hand, the presence of
nitrates (primary standard) above the MCL may
cause a condition called blue baby syndrome in infants. Q3:
If the well water does not meet one or more of the drinking water quality
standards, can the
property sale be completed? Does the water have to be
treated before the property is sold or rented?
A3: The law does not prohibit the sale of property if the
water fails one or more primary parameter
drinking water standards. The seller and purchaser may
agree, in writing, to consummate the sale
under terms negotiated by the parties and the purchaser
shall provide any appropriate remediation
and treatment measures as required by the Law and the Rules
& Regulations. The seller also has the
option of correcting the condition or canceling the
contract. Treatment must be installed only when
one or more primary contaminants do not meet drinking water
quality standards following any other
remedial actions taken. If there are only secondary
contaminants that do not meet drinking water
quality standards then treatment is not required.
Q4: If testing reveals that the well water system does not
meet drinking water quality standards for
one or more of the primary contaminants tested, who will pay
to have the water treated?
A4: In the case of the sale of real property, the seller is
required to pay for the cost of water
treatment. However, the seller and purchaser may agree, in
writing, to consummate the sale under
terms that the purchaser shall pay for the cost of the water
treatment. In the case of leased property,
the lessor must pay for the cost of water treatment.
Q5: If a well fails to meet one or more of the standards,
will County Department of Health make that
information public?
A5: No. A laboratory shall not release water test results to
any person except the purchaser and seller
of the real property at issue, the lessor and lessee(s) of
the real property at issue, any person
authorized by the purchaser, seller, lessor or lessee(s), as
the case may be, the Department of Health,
or any person designated by court order. While the
Department may make available to the public a
general compilation of water test results data arranged or
identified by municipality or appropriate
geographic area therein, the information may not include
names, specific addresses or location
information.
Q6: What are the types of home drinking water treatment
devices available, and which are generally
effective for specific contaminants?
A6: Appendix A of the Rules & Regulations includes
recommended treatment options. Information on
home water treatment systems and how to find vendors and
manufacturers of such systems may be
found at the USEPA website http://www.epa.gov/safewater/faq/pdfs/fs_healthseries_filtration.pdf
Q7: What is the current effective Maximum Contaminant Level
(MCL) for Arsenic in potable well
water?
A7: The current Maximum Contaminant Level (MCL) for Arsenic
in potable water is 0.010 mg/L or 10
ug/L. This standard was set by the EPA to protect consumers
from the effects of long-term, chronic
exposure to arsenic.
Q8: What can I do to reduce my exposure to arsenic?
A8: Because Arsenic occurs naturally in the environment and
as a by-product of some agricultural
and industrial activities, it can enter drinking water
through the ground or as runoff into surface water
sources. If your water contains high level of arsenic,
treatment such as reverse osmosis filters or
activated alumina filters may be used to reduce the levels
of arsenic in drinking water.
Q9: If the well water does not meet one or more of the
drinking water standards, what type of
assistance from the County or the State is available for
treatment?
A9: Generally, homeowners are responsible for installation
and maintenance costs that are incurred
concerning their potable well water. Q10: What happens if a
water test discloses a primary parameter water test failure and the premises
is occupied as a residence?
A10: In the event that any part of a residence is occupied
at the time a water test discloses a
primary parameter water test failure or becomes occupied
thereafter, the owner of the property shall
immediately provide potable water and continue to provide
potable water until such time as the
condition is corrected or remediated.
Q11: Who is responsible for correcting or remediating the
condition after a water test discloses a
primary parameter water test failure?
A11: Where a water test discloses a primary parameter water
test failure with respect to the
reported presence of any primary parameter:
(1) For sales of real property:
(a) In the event that the seller elects to correct the
condition, the seller shall remediate or
correct the condition within sixty (60) days or as soon as
practicable; or
(b) In the event that the seller elects to cancel the
contract of sale, and any part of the
residence is occupied at the time the test discloses a
primary parameter water test failure or becomes
occupied thereafter, the seller shall remediate or correct
the condition within sixty (60) days or as
soon as practicable; or
(c) In the event that the seller and purchaser agree to
consummate the transfer, the
purchaser shall remediate or correct the condition within
sixty (60) days of closing or as soon as
practicable.
(2) For leased residences, the lessor shall:
(a) In the case of a vacant residence, have the option of
either correcting the condition at
his or her own cost and expense prior to renting the
property or refraining from renting the property
until such time as the lessor either performs the necessary
remediation or connects to the public
water supply.
(b) In the event that any part of a residence is rented or
occupied, the lessor must
immediately provide potable water and within sixty (60)
days, or as soon as is practicable, remediate
or correct the condition. Should the lessor refrain from
performing the obligations created by the Law,
the lessee, in the event the property is rented, upon prior
written notice to the lessor, may, at the
lessee’s personal expense, remediate the condition and
obtain a subsequent test of the water and set
off the cost of such remediation and subsequent water test by
a reduction in rent until the cost is
covered by such rental reduction.
(3) For new wells or wells not in use:
(a) The well may not
be used as a potable water supply until the condition is remediated
or corrected and a subsequent test establishes a safe level
of contaminants. Upon remediation of the
condition, a subsequent water test must be conducted within
thirty (30) days establishing a safe level
of contaminants.
To schedule the
Westchester County Private Well Water Test at your home, prior to
Listing/Selling your Home, please contact Pro Chek Home Inspection Services at
#800-338-5050 or email us at christophersudano@prochek.com
or info@prochek.com
