• New Law enacted by State Legislature and signed by Acting Governor in March 2001.
• Implementing regulations published in May 6th NJ Register; possibly will be adopted September 16th.
• Becomes effective September 14, 2002.

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• Requires private well water supplies to be tested and results disclosed to buyer and seller PRIOR TO transfer of title. Must be a provision in contract of sale. Both must certify in writing.
• Hunterdon County is averaging nearly 3,000 real estate transactions per year involving such properties. Average cost expected to be around $500 per test ($1.5M).

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• “A well that has less than 15 service connections or that does not regularly serve an average of at least 25 individuals daily for at least 60 days per year.” (Source: Safe Drinking Water Act)

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• Requires landlords of properties serviced by private wells to test the water by March 2004 and provide tenants with results.
• Landlords must resample every five years thereafter.
  
  

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• New Jersey Department of Protection (NJDEP) estimates that 10% of wells tested will not meet drinking water standards.
• Real estate closing dates could be delayed.
• Lab results reported to New Jersey Department of Protection (NJDEP) are confidential.
• Significantly increases work load on health department staff to investigate failing reports, including area notifications and expanded testing to define scope of problem.
  

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• Perform 500-600 new well inspections per year.
• Conduct water sampling of these wells.
• Issue Certificates of Compliance based upon those results.
• Investigate some contaminated wells.
  

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• Hunterdon County will continue to inspect all new wells.
• Well permit fee ordinance will be reduced to reflect the change in water testing responsibility.
• Water testing requirements for all new wells be same as for home resales.
• All of these results must meet New Jersey Department of Protection (NJDEP) drinking water standards.
• We are bracing for as many as 300 well test failures in upcoming year.

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• Coliform
• Iron
• Nitrate
• Manganese
• pH
• Lead
• Arsenic
• Volatile Organic Compounds (for those with established MCL’s)
• 48-hour Gross Alpha (radium screen) (required as of March 2004)
  
  

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• More wells near contaminated wells will require testing.
• Increased interaction between public and Department of Health re: interpretation of test results, remediation strategies, costs, etc.
• Development of standardized DEP guidelines and “Fact Sheets” .

• Sealed records will be kept by Department of Health.
• Remediation assistance will be available thru Spill Fund and NJ Housing & Mortgage Finance Agency.
• Testing data will be compiled and analyzed by NJDEP and county Health Departments.
• Either seller or buyer may arrange and/or pay for testing.

• Private Water Testing Act (PWTA) samples must be “raw water” (not run through any treatment units). Learning the quality of the “tap water” may require yet another test -- will it become customary to run both tests to get a complete picture?
• How will “borderline” results be interpreted?
• Requires more advance planning and coordination between builders, well drillers, municipal officials, attorneys, realtors, bankers, and Department of Health.
  

• 24 hours (lab notification of “acute” failures)
• 5 business days (lab reports to DEP/DEP reports to HD’s)
• 6 months (coliform tests valid for)
• 1 year (rest of analytical results valid for)
• 18 months (48 hour Gross Alpha test kicks in)
• 5 years (landlords must retest)