9.9 Potable Water Supply

It is estimated that 70% of the earth’s surface is water, yet only 1% of that water is drinkable. While the United States may have one of the safest water supplies in the world, national or state statistics do not specifically indicate the quality and safety of the water coming out of the tap in a particular house. Water safety in a specific house depends on the condition of the water source from which it is drawn, the treatment it receives, and the condition of the potable water supply system in the house in which the water is consumed.

Domestic water is derived from public water supply systems or private wells. The U.S. Environmental Protection Agency and the State agencies regulate public water supply systems. Numerous other state and local agencies are also involved in the protection and delivery of safe drinking water throughout the nation.

No water is naturally pure. In nature, all water contains some impurities. As water flows in streams, sits in lakes, and filters through layers of soil and rock in the ground, it dissolves and absorbs the substances it touches. Some of these substances are harmless, but even naturally occurring minerals are considered contaminants at certain levels, as the water may be unpalatable or even unsafe. The majority of substances that are absorbed into water from natural rock or soil conditions are harmless. However, once humans have introduced contaminants into the soil or streams from factories, farmlands, or even by people in their homes or yards, the water supplies may be contaminated with any number of chemicals or toxic substances.

The federal Safe Drinking Water Act of 1974 is the primary federal law protecting drinking water supplied by public water systems (those servicing more than 25 people). Under the law, the U. S. Environmental Protection Agency (EPA) is the leading federal agency given responsibility for setting national standards for drinking water. The national standards established by the EPA are required to be enforced by the states. The drinking water standards are intended to address drinking water at two levels. The first level relates to public health. The regulations in this area relate to the maximum contaminant level for more than 80 contaminants that may occur in drinking water that pose a risk to human health. When it is economically or technologically not feasible to lower a maximum contaminant level relating to a specific contaminant, then prescribed treatment techniques are required to prevent adverse health effects of the contaminant on humans. The second level of regulations relates to taste, odor, and appearance of the drinking water.

In 1996, President Clinton signed the Safe Drinking Water Act Amendment of 1996 (SDWA). Among other things, SDWA requires that, beginning in 1999, all public water systems must prepare and distribute annual reports to its customers. These reports inform the customer as to the source of their system’s drinking water, results of monitoring the water supply system during the prior year, and information on health concerns associated with violations that occurred during the year. In addition, a water supplier must promptly inform the consumer if the water supply has become contaminated by something that can cause immediate illness. In its notification process, it must provide information about:

• The potential adverse effects on human health.

• The steps that the system is taking to correct the violation.

• The need to use alternative water supplies until the problem is corrected.

SDWA also has many new provisions that will help states and water supply systems to improve the quality of drinking water by preventing problems before they occur. It has become clear that the best way to protect the nation’s water supply is to protect the water at its source. For example, the act requires that each state develop a program to identify potential contamination threats and determine the resulting susceptibility of the drinking water sources such as watersheds, ground water, or reservoirs and restrict activities that may harm the source water. Once the potential contamination source is identified, the state must develop a program to address that contamination source and its prevention from entering the water supply.

In administering the provisions of the 1974 Safe Drinking Water Act and the subsequent Safe Drinking Water Amendments of 1996, the EPA has identified approximately 80 contaminants that must be monitored in the nation’s domestic water supply systems. These contaminants fall into the following general categories:

• Bacteria.

• Protozoa and viruses - Common examples of protozoa contaminants are giardia and cryptosporidium.

• Nitrates - Agricultural activities which use fertilizers or generate manure contain high levels of nitrogen and phosphorus. These substances often leach into the water supply through water runoff. Stomach and liver cancer along with reproductive problems are often linked to nitrate contamination.

• Volatile Organic Compounds - Examples of these compounds are industrial solvents, dry-cleaning solvents, benzene, gasoline, paints, and etc.

• Synthetic organics.

• Inorganics/metals.

• Lead and copper - These metals usually are introduced into the potable water supply as a result of water being carried through pipes containing lead, or lead solder, and water coming in contact with brass faucets. Even in small amounts, lead in the water supply can be a problem, especially in small children. Lead may accumulate in the body over time and eventually reach unsafe health levels.

• Pesticides - This group of contaminants may be fungicides, insecticides, and herbicides. Land application of pesticides may subsequently leach into the water supply. This is particularly a problem in areas relying upon well water.

• Radon - Houses relying upon well water are more subject to exposure to radon from the water supply than houses relying upon public water supply systems. As water passes through the shower head or other water release points, the radon present in the water is released into the air. Fortunately, in most cases, radon released into the air from a house’s water supply is usually minor. Long term exposure to radon can lead to lung cancer.

At a minimum, homeowners relying upon well water would be well advised to test the water in their system once a year for coliform bacteria, nitrates, pH, and total dissolved solids. Testing for sulfates, chloride, iron, manganese, hardness, and the system’s corrosion index should be done every three years.

Company policy for Licensees regarding Potable Water Supply:

The following policies should be followed by Associates with respect to potable water supply issues:

• If the water supply is from a well, the real estate agent should ask the seller about past well water testing. The agent should also suggest that the seller obtain a current well water test and make it readily available to buyers as a part of the seller’s disclosure obligation.

• Agents working with buyers should recommend a well water analysis report as a part of the buyer’s due diligence obligations. This should especially be the case if the property is located in agricultural or industrial zones or has the potential for buried fuel tanks.

• If contaminants are found to exist in the tested water supply then the real estate agent may be asked to assist the buyer in dealing with issues relating to mitigation of the contaminants identified. Outside professionals should be appointed to help resolve the issues. This may include locating the source of the contamination, water treatment options, and possibly obtaining alternative potable water supplies. Agents may provide a list of these outside service providers upon request to the buyer who then can select the provider they determine they wish to hire. The agent should not determine which service provider to hire. Since the issues dealing with water are often costly, the real estate agent may be involved in additional negotiations with the seller with respect to price adjustments and other options necessary to solve the water contamination problem.

• The real estate agent should recognize the majority of property conditions that should lead to water testing. When the agent identifies these conditions as present, the agent should recommend the necessary water tests to the seller or buyer as appropriate.