[HISTORY: Adopted by the County Legislature
of Rockland County 12-20-2004 by L.L. No. 1-2005.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was vetoed by
the County Executive, which veto was overridden by a two-thirds majority
vote of the County Legislature 2-1-2005 by Res. No. 36-2005.
A.
The Rockland County Legislature hereby finds and determines
that the County must identify private water systems within its borders.
This will assist Rockland County to better manage its water resources,
of extreme importance due to the fact that Rockland's water is obtained
from its own water sources, and a majority of that water comes from
Rockland's underground water supplies.
B.
The Rockland County Legislature hereby further finds
that recent disclosures regarding the contamination of well water
throughout the County of Rockland as a result of industrial activities,
commercial activities, pesticide applications and other forms of groundwater
contamination raise concerns that unsuspecting residents in Rockland
County utilizing private water systems may be endangered unless a
well-water test is completed on a regular and ongoing basis in order
to identify areas of groundwater contamination.
C.
The Rockland County Legislature further determines
that many thousands of homes and tens of thousands of Rockland County
residents currently use private water systems as their source of drinking
water.
D.
The purpose of this chapter is to protect public health
and safety by requiring the completion of a well-water test prior
to the acquisition of residential homes or on a regular and ongoing
basis for rental properties. This will eventually result in registration
of all private water systems within the County and protect our residents
from contaminated water.
E.
The Rockland County Legislature is aware that the
New York State Legislature created Real Property Law Article 14 in
order to give notice of certain enumerated matters to purchasers of
real property in New York State, including Rockland County. The legislative
history of that article notes that the New York Legislature never
intended to prevent the parties to a real estate transaction from
performing tests outside the ambit of the state-mandated disclosures.
Thus, the legislative history states that the mandated disclosure
form "can supplement information provided by professional inspections
and tests."
As used in this chapter, the following terms
shall have the meanings indicated:
Shall have the same meaning, defined as the person who allows
another to use real property that falls under the purview of this
chapter under a written or oral agreement.
Shall be as defined in the New York State Uniform Fire Prevention
and Building Code. "Multiple dwelling" includes, but is not limited
to, apartment houses, lodging houses, community residences, old-age
homes, dormitories, fraternity houses and sorority houses.
A person or any legal entity with the ability to act as a
party to a real estate transaction or a lease or rental agreement,
such as, but not limited to, a partnership, limited-liability partnership
or corporation.
Any system to provide or potentially provide drinking water
other than that secured from a public water system, including, but
not limited to, any water system that contains connections to a home
or other structure, a pool or similar construct, or a spigot or other
device used for drinking purposes.
Shall have the same meaning as contained in the New York
State Health Department Regulations, 10 New York Codes, Rules and
Regulations Chapter I, Part 5, Subpart 5-1.1, Subdivision (at), to
wit: a community, noncommunity or nontransient noncommunity water
system which provides water to the public for human consumption through
pipes or other constructed conveyances, if such system has at least
five service connections or regularly serves an average of at least
25 individuals daily at least 60 days out of the year. Such term includes:
(1) collection, treatment, storage and distribution facilities under
the control of the supplier of water of such system and used with
such system; and (2) collection or pretreatment storage facilities
not under such control which are used with such system.
Any building located within Rockland County, permanent or
temporary, or any part thereof, occupied or intended to be occupied
by one or more individuals as a residence, home or sleeping place,
together with the land and buildings appurtenant thereto and all services,
privileges, furnishings, furniture and facilities supplied in connection
with the occupation thereof, including all multiple residential dwellings,
including lodging houses, boardinghouses, motels, or hotels with more
than 10 rooms.
The more stringent of New York State water quality requirements
or Rockland County Health Department regulations, both as amended
from time to time, whichever is more stringent
Shall have the same meaning, defined as the person who uses
real property that falls under the purview of this chapter that the
person does not own under a written or oral agreement
A.
Upon the signing of a contract of sale for any property
served by a private water system within Rockland County, the seller
shall cause a test of the water and obtain a written certification
from a New York State approved laboratory that such private water
system, based on an analysis of untreated or raw water, conforms to
the Rockland County water standard for such residences. The seller
shall arrange for and pay the cost of this testing, and, within 10
days of the contract, provide the purchaser with confirmation that
the test has been ordered.
B.
The landlord or lessor of any residence of whatever
sort being offered to the public as a rental property shall cause
the private water system serving the residence to be tested every
five years and when sold. Tenants or lessees shall be given a copy
of said test as soon as the landlord or lessor obtains same.
C.
Within 60 days of ordering the test, the seller shall
deliver the well testing report to the purchaser. The buyer and seller
both shall certify, in writing, that they have received and reviewed
the water test results. The written certification shall be exchanged
between the seller and buyer of residential property, and, in the
case of a rental property, the results shall be posted in a prominent
place in the residence and shall be given to every renter prior to
consummation of an oral or written rental agreement. Concurrent with
submittal to buyer, tenant or lessee, the seller and the laboratory
must also submit the results directly to the Rockland County Department
of Health.
D.
In the event that the test discloses a failure to
conform to the Rockland County water standard, then:
(1)
In the case of a sale:
(a)
The seller shall notify the purchaser within
15 days thereafter.
(b)
The seller shall then have the option of either
correcting the condition to achieve safe levels of contaminants as
per state or Rockland County guidelines, whichever is more stringent,
at his or her own cost and expense or canceling the contract of sale
and returning the down payment, in which case neither party shall
be liable to the other.
(c)
The purchaser, upon notification by the seller
that he or she will not remediate or correct the condition, may nevertheless
agree, in writing, to consummate the transfer notwithstanding such
noncompliance.
(d)
If any part of the residence is currently occupied,
the seller, if he or she cancels the contract, or the purchaser, if
he or she buys the property, must immediately provide an alternate
source of potable water, pursuant to the Rockland County Sanitary
Code and within 60 days, in the case of the seller who cancels, or
within 60 days after closing, for the buyer, or as soon as is practicable
in either case, remediate the condition.
(2)
In the case of a rental, the landlord shall then,
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 premises or refraining from renting the property until such time
as the landlord either performs the necessary remediation or connects
to the public water supply. If any part of the residence is currently
rented, the landlord must immediately provide an alternate source
of potable water, pursuant to the Rockland County Sanitary Code and
within 60 days, or as soon as is practicable, remediate the condition.
Should the landlord refrain from performing on the obligations created
by this chapter, the tenant may, at personal expense, remediate the
condition and set off the cost by a reduction in rent until the cost
is covered by such rental reduction.
E.
Upon consummation of sale, an affidavit, substantially complying with the form in Appendix A of this chapter, and certifying that the testing has been or will be completed in accordance with the schedule contained in § 389-3 of this chapter, shall be filed with the Rockland County Health Department.
F.
All new wells must be tested as above before they
may be put into use for the first time. If the private water system
fails, it may not be used until an appropriate remediation method
is applied to the private water system and a subsequent test gives
passing results.
G.
All wells not in use as a potable water supply for
a period of five years shall be treated as new wells, and shall not
be used until testing is completed.
H.
Where Rockland County or one or more of its constituent
municipalities is the purchaser or the seller, any monies the municipality
spends in furtherance of this chapter shall be a lien upon the real
property, to be paid by the ultimate purchaser of the real property
from the municipality.
A.
Sample location.
(1)
Water sampling locations for compliance with this
chapter shall be as follows:
(a)
If there is no water treatment system in use
on the subject property, samples shall be collected from a primary
cold water, nonaerated spigot or tap that draws from, or feeds water
to, the potable water system of the subject property.
(b)
Where a water treatment system is in use on
the subject property, the sample shall be collected as follows:
(2)
In the case of new well construction and installation
where there is no spigot or tap on the subject property, the sample
may be collected directly at the wellhead (raw water sample).
B.
Water testing by laboratories; conditions
(1)
Any water test conducted in accordance with this chapter
shall be conducted by a laboratory certified by the New York State
Department of Health to test for drinking water contaminants.
(2)
Any water test results provided by a laboratory to
the person or persons requesting the test shall include the maximum
contaminant levels or other established water quality standards, if
any, prescribed by the Rockland County Health Department or this chapter
for each parameter tested and shall be transmitted on a standardized
private well water test reporting form substantially conforming to
that prescribed by the Department of Health. The form shall also be
sent from the Rockland County Health Department to the person or persons
requesting the test, along with an informational document to provide
information regarding remediation alternatives available, and shall
refer the buyer and seller of the real property in question to the
appropriate office or person within the Department of Health, or to
the Department's Web site, for further information regarding such
alternatives.
(3)
Required information.
(a)
The laboratory, within five business days after
completion of the water test, shall also submit the water test results
to the Department of Health, together with the following information:
[1]
A statement that the testing is for the purpose
of complying with this chapter;
[2]
The location of the real property, described
by block and lot number, street address, municipality, and County;
[3]
The name and mailing address of the person or
persons making the request for the test;
[4]
The name of the employee or authorized representative
of the laboratory who collected the well sample;
[5]
The date and time that the water sample was
collected and the specific point of collection;
[6]
The date and time the sample was analyzed by
the laboratory; and
[7]
Such other information as may be required by
the Department of Health as appropriate to the County.
(b)
The Department of Health may require laboratories
to submit electronically the information required pursuant to this
chapter.
(4)
A laboratory shall not release water test results
to any person except the buyer and seller of the real property at
issue, or the lessor and lessee or tenant of the rental real property,
any person authorized by the buyer, seller, or lessor, as the case
may be, the Department of Health, or any person designated by court
order.
(5)
The Department of Health shall compile the data accumulated
from the water test results submitted by laboratories pursuant to
this section in a manner that shall be useful to the Health Department,
the County, or other governmental entities for the purposes of studying
groundwater supplies or contamination in the County.
The Rockland County Department of Health is
hereby charged with formulating private water systems standards to
govern the operation and testing of residential well-water systems
in Rockland County. Such regulations must be approved by a resolution
of the Rockland County Legislature. All residential well testing undertaken
pursuant to this chapter must conform to the promulgated rules and
regulations. For each fiscal year after the County fiscal year in
which this chapter is enacted, the Department of Health shall include
in its annual budget request submitted for the annual appropriations
a sufficient sum to meet the costs projected for this chapter for
the next County fiscal year.
[1]
Editor's Note: The private well testing regulations adopted by the Health Department, and approved by the County Legislature 10-6-2005 by Res. No. 498-2005, are included at the end of this chapter.
The testing and reporting requirements of this
chapter may not be waived.
Where a homeowner, landlord, or prior possessor
of the property caused a test to be performed that complies with each
and every testing and sampling requirement as mandated by this chapter
and formulated by the Rockland County Health Department, but such
test is performed prior to the effective date of this chapter or prior
to offering the property for sale or lease, such analytical results
will be considered representative of the water quality of a given
source, and as such may be used to satisfy the requirements of this
chapter for a period of one year after sample collection, provided
that the filing requirements are satisfied as soon as possible after
the decision is made to sell or rent the property. After the effective
date of this chapter, testing for purposes of sale shall be adequate
for this chapter's purpose as to this or any subsequent buyer for
one year from the testing date.
A.
This chapter shall apply to any agreements for the
purchase and sale, or rental, of residential dwellings occurring on
or after the effective date of this chapter.
B.
This chapter shall not apply to gifts of residential
dwellings nor to transfers of such residential dwellings that occur
by operation of law.
A.
Any seller who violates a provision of this chapter
or any regulations promulgated pursuant to this chapter shall be subject
to the imposition of a civil penalty by the Rockland County Commissioner
of Health in an amount not exceeding $500 for a violation in a single-family
dwelling or mobile home and not exceeding $1,000 per apartment or
unit for a violation in a two-family dwelling or multiple dwelling.
B.
Any violation not corrected within one month of the
initial violation date shall be subject to a penalty in an amount
not exceeding $500 for each continuing, succeeding day in a single-family
dwelling or mobile home, and each repeated violation in a two-family
dwelling or multiple dwelling shall be subject to a penalty in an
amount not exceeding $1,000 per apartment or unit for each continuing,
succeeding day.
C.
Each day the violation exists thereafter shall be
deemed a separate additional violation.
D.
Any person who fails to submit the well-water test
results in the office of the Rockland County Health Department shall
be subject to the imposition of a civil penalty by the Rockland County
Commissioner of Health in an amount not exceeding $2,500 for a violation
in a single-family or two-family dwelling or mobile home and not exceeding
$2,500 per apartment or unit for a violation in a multiple dwelling.
E.
The penalty provided for by this chapter may be sued
for and recovered by the Rockland County Commissioner of Health in
the name of the County of Rockland in any court of competent jurisdiction.
No civil penalty shall be imposed as provided for herein unless the
alleged violator has received notice of the charge against him and
has had an opportunity to be heard as provided for in Article One
of the Rockland County Sanitary Code.
If any clause, sentence, paragraph, subdivision,
section or part of this chapter or the application thereof to any
person, individual, corporation, firm, partnership, entity or circumstance
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such order or judgment shall not affect, impair,
affect or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, subdivision,
section or part of this chapter or in its application to the person,
individual, corporation, firm, partnership, entity or circumstance
directly involved in the controversy in which such order or judgment
shall be rendered.
An agent representing a seller of residential
real property as a listing broker shall have the duty to timely inform
each seller represented by that agent of the seller's obligations
under this chapter. An agent representing a buyer of residential real
property, or, if the buyer is not represented by an agent, the agent
representing a seller of residential real property and dealing with
a prospective buyer, shall have the duty to timely (in any event,
before the buyer signs a binding contract of sale) inform such buyer
of this chapter. If an agent performs the duties and obligations imposed
upon him or her pursuant to this section, the agent shall have no
further duties under this chapter and shall not be liable to any party
for a violation of this chapter.
