Southern Oregon Living: Oregon Senate Bill 739 - Testing Wells for Arsenic

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.

 

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Melinda Peterson ~ The Naked Blogger

Grants Pass Medford Southern Oregon Real Estate

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4 comments • Mel Peterson - The Naked Blogger • January 02 2010 11:45PM

Comments

Very Interesting post and some great information!

"Happy New Year!

 VB ;o)

Posted by VEGAS BOB (REALTY ONE GROUP - LAS VEGAS, NEVADA 702.443.7156 ) over 2 years ago

This is a long overdue change here in Oregon...unlike some of the other laws that took effect here on January 1.

Posted by Jim Hale - On the MOVE for You! Eugene - Springfield Oregon Real Estate (ACTIONAGENTS.NET) over 2 years ago

Wow...always seems that they're introducing something new with each passing year.  Good info....I was surprised that they would test for that out there.

Posted by Larry Bettag - Cherry Creek Mortgage over 2 years ago

Hold on this is not as good as it sounds.  The acceptable levels for arsenic were also dropped by 10-fold as part of this bill. I was told by a water purity company that an individual would have to drink over 100 gallons of water per day before arsenic would ever become a problem.

But there is a problem.  I was on the School Board for a rural district in Marion County which fell under these new acceptable levels. The district has spent over $500K (money which we don't have) to bring the arsenic levels into compliance.  The problem is the contractor (supposedly the best in the State) can not keep the levels in compliance and is running out of ideas not to mention money.  The district has been providing bottled water to all students and staff and a huge monthly cost.

How does this affect residential real estate? Well as it turns out, the aquifer that this school district uses also covers the entire northern half of the Willamette Valley.  Therefore every Seller of rural property will be receiving a failing report when it comes to arsenic.  I contacted Fischers Water Supply in Canby to find out what it would cost a homeowner to bring their well water into compliance.  I was told that they would install something similar to a water softener that filters for arsenic and the equipment cost starts at $3000.  They also said that they can not guarantee the system will bring the water into compliance.  That is a huge cost when selling a home.

When I researched the source of  the arsnic in the water, I found that it comes from the fertilizers used by the farmers.  Wouldn't it make more sense to regulate the poisons going into the water instead of the poison coming out?

Jolynne Ash, Broker  DreamStreet Real Estate www.jolynne.com

 

Posted by Jolynne Ash over 2 years ago

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