Southern Oregon Living

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Oregon Senate Bill 739 - Testing Wells for Arsenic

Oregon Senate Bill 739 - Testing Wells for ArsenicOregon Senate Bill 739 - Testing Wells for Arsenic.  There is a new Oregon law relating to the testing of wells for arsenic (ORS 448.271) as of January 1, 2010.  The Oregon law is amended as follows:  (1) In any transaction for the sale or exchange of real estate that includes a well that supplies ground water for domestic purposes, the seller of the real estate shall, upon accepting an offer to purchase that real estate, have the well tested for  arsenic, nitrates and total coliform bacteria. The Department of Human Services also may require additional tests for specific contaminants in an area of ground water concern or ground water management area specific areas of public health concern.  The seller shall submit the results of the tests required under this section to the department and to the buyer within 90 days of receiving the results of the tests.  (2) The failure of a seller to comply with the provisions of this section does not invalidate an instrument of conveyance executed in the transaction.  SECTION 2.  The amendments to ORS 448.271 by section 1 of this 2009 Act apply to real estate for which an offer to purchase is accepted by the seller on or after the effective date of this 2009 Act.