Inspection?
Private Well Water Testing NJ
New Jersey Private Well Testing
Summary of the NJ Private Well Testing Act
adapted with permission from the New Jersey Department of Environmental Protection (NJDEP), 2008The Private Well Testing Act (PWTA), which became effective September 14, 2002, stipulates that certain contracts of sale involving real properties with private wells, and some public wells, are required to have the well water tested for a specific list of drinking water parameters before going forward with the real estate closing. The buyer and seller are notified of the test results prior to the closing and both must attest to the fact that the test results have been reviewed. The well water must be tested by a laboratory certified for the parameters listed in the Act and for the supplementary parameters in N.J.A.C.7:9E et seq. Once the sample analysis is completed, a copy of the test results must be given to the person who requested the test on a standardized form and must be submitted electronically to NJDEP. Specific information about individual water tests, such as results and the address or other location information, is confidential as mandated by the PWTA.
What Contaminants Does the Test Cover?
Primary parameters included in the water test:
Secondary parameters included in the water test:
In a PWTA test, the levels of these contaminants are compared with the maximum levels established as safe by the Federal and State drinking water regulations.
Who Is Required to Test and When?
Real estate transactions subject to the PWTA are those that involve real property where: 1) the potable water supply at that property is from a private well; or 2) property (such as commercial property) where the water supply is a well that has less than 15 service connections or that does not regularly serve an average of 25 people daily at least 60 days out of the year. What this means is that certain public water systems, called non-community water systems, meet the applicability criteria defined in the PWTA. The Act mandates that the sale may not occur until testing of the water supply has taken place and until both the buyer and seller have received and reviewed a copy of the test results. The buyer and seller must certify in writing that they have received and reviewed the test results.Who Is Responsible for the Cost of Testing?
Neither the Act nor the regulations specifies whether the buyer or the seller is financially responsible for the fees for the PWTA testing or possible treatment. Therefore, it is up to the buyer and seller to negotiate who pays for the test.Who Is Responsible if the Test Shows a Contaminant?
It is up to the buyer and seller to negotiate what actions, if any, will be taken if the test results indicate a contaminant is present in the drinking water supply at a level that exceeds an applicable standard. The PWTA and subsequent regulations do not require water treatment if any test parameter exceeds the standard level. However, the NJDEP does provide information regarding various treatment options and potential funding sources (see http://www.nj.gov/dep/pwta). The PWTA is merely considered a “notice” of potable water quality for interested parties involved in the real estate transaction.
Want to Know More?
A very easy-to-read guide on NJ private well testing:
www.state.nj.us/health/eoh/hhazweb/well.pdfFor more detailed information on private well testing:
http://www.state.nj.us/dep/pwta/pwta_report_final.pdfPWTA document:
http://www.njleg.state.nj.us/2000/Bills/PL01/40_.PDF
