Private Well Testing Act Requirements Protect Public Health, Expand Public Right to Know About Water Quality
Any property sold after September 14, 2002, requires sampling of private drinking water wells for contamination. (Private Well Testing Act)
Before closings, both buyer and seller must certify in writing that the tests were performed and that the results were shared with the parties. People will receive their well test results on a standardized form, which will also provide them information about options for correcting a well-contamination problem.
Under the new law and its companion regulations, well water must be tested for total coliform; nitrates; iron; manganese; pH; lead and all volatile organic chemicals (VOCs) for which maximum contaminant levels have been established by state regulations. These include such substances as benzene and trichloroethylene.
In addition, testing for arsenic must be done in 10 northern and central counties considered high risk, while testing for mercury must be done in nine southern and shore counties. Testing for gross alpha particle activity, including radium, will be phased in 12 counties over an 18-month period.
The new well-testing law provides protection to more than just residential home buyers. By March 14, 2004, landlords who rent out property with drinking water supplied by private wells must test and share the results with their tenants within 30 days of receiving the results. The landlord must also provide the results to each new tenant. Landlords must test every five years.
The department's regulations under the law require that "raw" or untreated water be tested. In other words, if there is a treatment system in place, the water sample must be taken before the water goes through any treatment. This sample represents the condition of the ground water in the aquifer, which may be different than how it comes out a kitchen faucet, for instance. Residents may choose also to have the tap water tested after treatment to assure them that the filter or treatment is working effectively.
If pollution is found in the well water, the buyer and the seller are free to negotiate a remedy, if one is desired. While the law does not require that any action be taken, remedies could range from simple, relatively inexpensive solutions to major investments. In some cases, a remedy like a filter may already be in place and no additional action will be needed. * For a list of county requirements, go to the download tab and hit the link PWTA
*Source: http://www.state.nj.us/dep/newsrel/releases/02_0081.htm
