Testing of qualified wells before sale or lease of property

(a)

Requirements

Before selling or leasing any privately-owned property that includes a qualified well, the owner of such property shall— (1)conduct tests with respect to each such well in accordance with subsection (b); (2)disclose the results of such tests to the prospective buyer or lessee of the property; and (3)provide the results of such tests to the Environmental Protection Agency. (b)

Testing

Tests described in subsection (a) shall be conducted in accordance with the following: (1)The tests shall be conducted at the expense of the owner of the property. (2)The tests shall be conducted separately for each qualified well on the property. (3)The tests shall be conducted, and the samples shall be gathered, by a laboratory that is accredited in accordance with the National Environmental Laboratory Accreditation Program. (4)The tests shall be conducted at any time during the 6-month period preceding the sale or lease involved. (5)The tests shall determine the level of contaminants in the water of each qualified well on the property. At a minimum, the tests shall be for the following contaminants: (A)Total coliform bacteria. (B)Iron. (C)Manganese. (D)pH. (E)All volatile organic compounds for which a maximum contaminant level has been established under the Safe Drinking Water Act (42 U.S.C. 300f et seq.). (F)Nitrate. (G)Lead. (H)Mercury. (c)

Civil action

(1)

In general

If a person sells or leases a property in violation of subsection (a)(2), the buyer or lessee of the property may bring a civil action against such person in an appropriate United States district court or in a State court of competent jurisdiction. (2)

Damages

In any action brought under paragraph (1), if the court finds that the defendant violated subsection (a)(2), the defendant shall be liable to the plaintiff in an amount equal to the sum of— (A)an amount equal to 1 percent of the appraised value of the property involved or $10,000, whichever is greater; (B)the amount of any actual, direct economic damages, including any remediation, legal, and medical costs, incurred by the plaintiff as a proximate result of any contamination which the defendant failed to disclose as required by subsection (a)(2); and (C)the costs of the action under this subsection. (3)

Limitation

An action under this subsection must be brought not later than 5 years after the sale or lease of the property involved. (d)

Civil penalty

Any person found by the Administrator of the Environmental Protection Agency, after notice and an opportunity for a hearing, to have committed a violation of subsection (a)(3) is liable to the United States Government for a civil penalty of not more than $5,000 for each such violation. (e)

Public availability of test results

The Administrator of the Environmental Protection Agency shall— (1)collect, compile, and maintain the results of tests provided to the Administrator pursuant to subsection (a)(3); and (2)make such results available to the public by request, together with an explanation of such results in lay language if requested. (f)

Definition

In this section, the term qualified well means a well that— (1)has fewer than 15 service connections; and (2)does not regularly serve at least 25 individuals for at least 60 days each year. (g)

Effective date

This section applies only with respect to the sale or lease of a property on or after the date that is 180 days after the date of the enactment of this section.