New regulations require landlords to test water quality at tenant request

September 29, 2023

Starting next month, owners of rental properties will be required to provide water quality test results to occupants upon request. If the drinking water at those properties does not meet state and local quality standards, it will need to be treated, and the Board of Health may require the owner to provide an alternative source until it is.

Following a public hearing at a Sept. 12 Board of Health meeting, the board voted to add a rental property clause to its water quality regulations, and to add new requirements to two other clauses. The amendments to the regulations will go into effect Oct. 23.

The first amendment offers an avenue for individuals and businesses who rent properties to ensure the water they drink every day is safe. Nearly all the single-family homes in Harvard are served by private wells. Those wells are not regulated by the state, and homeowners are not required to test their water on a regular basis, although the state Department of Environmental Protection recommends it.

Larger rental properties in town, such as Bowers Brook Apartments, are served by a public water supply. If a water system has at least 15 connections or serves at least 25 people per day (on average) for at least 60 days a year, it must be a public water supply. Public systems are regulated by the state and must be tested regularly.

But customers are not included in the 25 people that would force a business to have a public water supply, so some small businesses in town are located on properties that are served by private wells. If a business rents from the property owner, occupants of the business’ rental space will now be entitled to request water quality testing.

The second amendment applies to home sales. Previously, sellers were required to provide water quality results from a test done within the previous year upon transfer of their property. When the new amendments go into effect, all available water quality tests, regardless of age, must be provided to any buyer or real estate broker involved in the sale of a house.

The third amendment clarifies the regulation that governs gross alpha radiation, which indicates the presence of radioactive elements. That regulation will now be more specific about the maximum contaminant levels for both uranium and the sum of radium 226 and radium 228. In addition, if test results for a well show levels above the maximum, the property deed must be modified to include that information, even after remediation to acceptable levels.

The full text of the amended regulations are available on the Board of Health pages of the town website.

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