Chapter 284 Oregon Laws 2009

AN ACT

SB 739

Relating to testing of wells; creating new provisions; and amending ORS 448.271.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 448.271 is amended to read:

          448.271. (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, by rule, 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 [test] 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.

Approved by the Governor June 16, 2009

Filed in the office of Secretary of State June 16, 2009

Effective date January 1, 2010

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