Table 2.

Local Government Regulations on Testing for Arsenic in Private Well Water and Occurrence Rate at State Level

Province/State	Regulations	Content of Regulations or Recommendations	Brochure pages	Private Well As		Max As µg/L	References
				N	% >10 µg/L As
Nova Scotia	None	Private well owners are responsible for ensuring that their wells are constructed to provincial standards and for testing their water regularly. The chemical quality should be checked every 1 to 2 years. Approximately 46 % of Nova Scotians use private wells.	16	10,498	17	3,900	Dummer et al., this issue
New Brunswick	Potable Water Regulation of the Clean Water Act (NB Reg 93–203)	When a contractor drills, deepens or repairs a well, a testing voucher that covers the cost of inorganic and microbiological analysis is provided to the home owner, as required by NB Reg 93–203. Use of the voucher is encouraged within 1 yr. Inorganic analyses are recommended every 2 to 3 years or more often. Approximately 64 % of the population uses well water.	3	10,555	6	850	Klassen et al., 2009
Mainea	None. The 123rd legislature proposed An Act To Ensure Safe Drinking Water from Private Wells (HP1242, LD 1775), failed to pass on May 22, 2007	Well owners are encouraged to test their water for all items on the Well Testing Schedule every 3 to 5 years. Approximately 42 % of the population uses private well water.	4	11,111	18.4	3,100	Nielsen et al., 2010
New Hampshireb	None. Chapter 485 New Hampshire Safe Drinking Water Act Section 485 has a clause on Private Water Sources	Section 485:33 Analyses; Prohibiting Use: whenever any well, spring or other water supply is suspected of being polluted by sewage or other matter dangerous to health, the health officer of the town where it is located may require an analysis of the water to be made by a competent chemist, without expense to the owner. If the analysis shows the water to be unfit for drinking purposes they may, with the approval of the department, prohibit its use, and, if from a well, may cause the well to be closed. Prospective home-buyers are encouraged to test well water. Test intervals can be of 3 to 5 years. Approximately 46 % of the population uses private well water.	2	794 / 232	12 / 17.2	180 / 140	Peters et al., 2006 Flanagan et al., 2014
Vermont	S. 77 An Act Relating to Water Testing of Private Wells effective Jan 1, 2012	Requires a private well for use as a potable water supply to be tested for drinking water contaminants when the well is initially drilled and as a condition of a contract for sale. Requires the Agency of Natural Resources to develop a well testing kit for As, Pb, U, gross alpha, coliform bacteria that would be available to the public at a cost <$120. Requires the department of health to revise and update its education and outreach materials regarding the potential health effects of contaminants in private sources of drinking water. Approximately 37% of the population uses private well water.	Not Available	236	22	170	Ryan et al., 2013
Massachusetts	None	Prospective homebuyers are required to test the well water before purchase. Test initially for all contaminants including As, then at a minimum of once every 10 years except for yearly bacteria and nitrate/nitrite monitoring, or as otherwise required by the local Board of Health. Approximately 8 % of the population uses private well water.	2	344	13	1,540	Colman, 2011
Rhode Island	Rules and Regulations Pertaining to Private Drinking Water Systems (R-23-1-5.3-PDW) June 2008	All private wells subject to a minimum testing requirement for 17 constituents, but not for As. Approximately 11 % of the population uses private well water.	2
Connecticut	None. Proposed Private Well Water Testing Act abandoned in 1997	Whereas most areas of Connecticut may have little or no As present in groundwater, testing at least once for As is recommended. Approximately 22 % of the population uses private well water.	2
New Jersey	Private Well Testing Act (N.J.S.A. 58:12A-26 et seq) and regulations (N.J.A.C. 7:9E et seq.) effective 2001	All contracts of sale for any real property with a private well, or for any other real property that has a well that does not regularly serve 25 individuals daily at least 60 days out of the year, shall include a provision requiring, as a condition of the sale, the testing of that water supply for certain parameters including As for Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Morris, Passaic, Somerset, Sussex, Union, and Warren County locations. Approximately 10 % of the population uses private well water.	14	31,033	3.1	400	NJDEP data Sept 2012, unpublished; Spayd et al., this issue
Pennsylvaniac	None statewide. Under Local Health Administration Law Act No. 315, Bucks County Dept of Health (BCDH) Rules and Regulations Governing All wells and Their Construction Specifications Effective Jan 2011.	Pennsylvania Department of Environmental Protection (PA DEP) recommends testing well water periodically without mentiong As specifically. In Bucks County, water analysis of the completed new well must be submitted to the BCDH within 60 days and includes As. If any well water parameter tested for a new well exceeds the MCA established by PA DEP, treatment shall be required. Approximately 20 % of population uses private well water.	Not Available	4,620	27	83	Peters and Burkert 2008

^aStudies in Buxton (Marvinney et al 1994) and Greater Augusta areas (Yang et al 2009, Table 1) found higher As occurrence rates than state wide data

^bIn New Hampshire (NH), about 12% of 354 randomly selected private wells exceed MCL of As (Peters et al 1999). In southeast NH where As is more likely to occur, Flanagan et al (2012) found 17% of 232 wells exceeded the MCL for As (max 140 µg/l)

^cA subset of Pennsylvania private wells in geologic formations (Passaic, Lockatong, Diabase, Pre-Cambrian/Cambrian, Table 3 in Peters and Burket, 2008) with known As occurrence