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PRIVATE WELL TESTING ACT PROGRAM - page 14 / 75

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Who is required to test and when?

Real estate transactions subject to the PWTA are those which 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 noncommunity water systems, meet the applicability criteria defined in the PWTA and must also test. The Act mandates that the sale may not occur until testing of the

water supply has taken place, and until both the buyer and reviewed a copy of the test results. The buyer and seller must

have

received

and

reviewed

the

test

results.

Neither

the

seller have received and certify in writing that they Act nor the regulations

specifies whether PWTA testing or

the buyer or the seller is financially possible treatment. Therefore, it is

responsible for the fees for the up to the buyer and seller to

negotiate who pays for the test, results indicate a contaminant is

as well present

as in

what actions, if any, will the drinking water supply

occur if the test that exceeds an

applicable if any test

standard. The Act and subsequent regulations do parameter standard level is exceeded. However,

not

require water

treatment

the

NJDEP does

provide

information regarding various http://www.nj.gov/dep/pwta). for interested parties involved

treatment alternatives and potential The Act is considered a “notice” of in the real estate transaction.

funding potable

sources (see water quality

PWTA testing requirements also apply to certain lessors (landlords) in New Jersey. The lessor of a property where the water supply is from a private well must also test the water for the same PWTA contaminants as a buyer or seller. These testing requirements were to be completed by lessors by March 16, 2004. In addition, the well water must be tested at least once every five years thereafter, as long as the well is not required to be tested under any other state law. The lessor is required to provide a copy of new test results to each rental unit within 30 days of receiving those results. The lessor must also provide new lessees with a written copy of the most recent test results. Providing new lessees with recent well test results also functions as a type of "notice" provision.

Who does the testing and what are acceptable test results?

Once the buyer and seller determine who will pay for the test and hire a New Jersey certified laboratory, the well sample is collected by an employee of the certified laboratory or by the laboratory's authorized representative. A list of certified laboratories is available on the PWTA website at: http://www.nj.gov/dep/pwta. Samples must be collected from an untreated (raw), cold, non-aerated spigot or tap. If a treatment device is on the spigot or tap, the device must be disabled before a sample is collected or collected from a spigot or tap prior to the treatment device. Treated samples do not meet the requirements of N.J.A.C. 7:9E and, therefore, are not considered to be in compliance with the PWTA regulations.

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