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PRIVATE WELL TESTING ACT PROGRAM - page 47 / 75

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The following words and terms used in this report shall have the following meanings unless otherwise noted:

Act or PWTA - refers to the Private Well Testing Act, P.L. 2001, c. 40; N.J.S.A. 58:12A- 26 et seq., which applies to buyers, sellers and lessors of certain real property as follows: (a) All contracts of sale for any real property in which the potable water supply is a private well located on the property, or for any other real property in which the potable water supply is 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 the testing of that water supply for certain parameters as set forth in the Act; and (b) the lessor of any real property in which the potable water supply is a private well for which testing of the water is not required pursuant to any other State law. The lessor shall test that water supply for certain parameters as set forth in the Act. Testing of the water is required at least once every five years. In addition, within 30 days after receipt of the test results, a written copy of the results must be provided to each rental unit and each new lessee.

Acute parameter - a contaminant in drinking water that has significant potential to have serious and adverse effects on human health as a result of short-term or limited exposure.

Authorized representative – a person other than an employee of a New Jersey certified laboratory from which a New Jersey certified laboratory accepts a drinking water well sample(s) and also accepts responsibility for such a sample(s) in accordance with the requirements of N.J.A.C. 7:18-9.1(c).

Certified laboratory - any laboratory, facility, consulting firm, government or private agency, business entity or other person that the NJDEP has authorized pursuant to the Regulations Governing The Certification of Laboratories and Environmental Measurements, N.J.A.C. 7:18, to perform analysis in accordance with the procedures of a given analytical method using a particular technique as set forth in a certain methods reference document, and to report the results from the analysis of environmental samples in compliance with a NJDEP regulatory program.

Contaminant – Any physical, chemical, biological, or radiological substance or matter that has an adverse affect on air, water or soil.

Drinking Water Standard - a standard that applies to a contaminant that is required to be tested pursuant to the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq. that include a maximum contaminant level, recommended upper limit, or in the case of lead analysis, an action level.

Exceedance - the concentration of a contaminant that is greater than a MCL, action level, standard or recommended upper limit for that given contaminant.

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