PRIVATE WELL TESTING IN NEW JERSEY On September 14, 2002, private well testing has been made a condition of sale for the transference of real property. The Private Well Testing Act of 2001 decrees a minimum testing requirement for potable water samples taken from private wells prior to the closing of Title. This law specifically applies to real estate transactions insofar that, "All contracts of sale for any real property, the potable water supply which is a private well located on the property, or for any other real property whose potable water supply comes from a well that has less than 15 service connections or that does not regularly serve an average of at least 25 individuals daily at least 60 days out of the year, shall include a provision requiring, as a condition of sale, the testing of that water supply for certain parameters." Prior to closing of Title, the seller and buyer shall each certify in writing they have received and reviewed a copy of the test results. A closing cannot occur if this procedure has not been followed. NJAR currently has an addendum for its contract of sale which reflects the Private Well Testing Act (see below). The New Jersey Department of Environmental Protection (NJDEP) made its final decision on Friday, August 23, 2002 on which parameters will be required under the Private Well Testing Act of 2001. Signed into effect by NJDEP Commissioner Bradley Campbell, the new regulations will apply to real estate closings beginning September 14, 2002. The NJ Attorney General's Office has given formal agency advice that the law applies to real-estate transactions where the sales contract is executed on or after the effective date of the statute, September 14. Thus, private well testing is not required by statute for real-estate transactions already under contract when the statute goes into effect. This advice will be found on the NJ DEP website. A link has been provided below for your convenience. By law, a New Jersey state-certified laboratory must conduct the following analysis on private well water samples taken from each of the state's 21 counties: Total Coliform; Fecal Coliform or E. Coli; Nitrate; Iron; Manganese; pH; all volatile organic compounds for which maximum contaminant levels have been established by the Safe Drinking Water Act; and Lead. The NJ DEP has made the list of Certified Drinking Water Laboratories available at their website at the following link: NJ DEP Certified Lab List NJAR recently met with the New Jersey Real Estate Commission and the NJDEP to discuss the additional parameters for certain counties that will be required on private wells prior to closing. Specifically affected are counties requiring a test for Arsenic and Mercury, and a slight amendment has been made to the time frame for 48-Hour gross alpha particle activity testing. Please visit www.state.nj.us/dep/pwta and scroll to "List of Required Parameters for Private Well Testing" to find a complete listing of the finalized testing parameters required for each county. A link to the NJ DEP site will be found below. A complete copy of the Private Well Testing Act and answers to frequently asked questions surrounding private well testing may also be found by visiting this same web site. The New Jersey Department of Environmental Protection (DEP) has informed NJAR that a list of state-certified water testing facilities is not yet available. The DEP has advised us that the only manner in which this information may be obtained is by calling the New Jersey DEP Office of Quality Assurance at (609) 292-3950. Please take note: The law will not apply to leases until mid-March 2004. If you have any further questions, please contact Jarrod Grasso, Vice President of Government Affairs, at 732-494-5616 or by e-mail. |
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