additional step in
real estate transactions
Tests will mean
additional step in
real estate transactions
By alison granito
Staff Writer
Before buying or selling a home which relies on a well for its supply of drinking water, the well will now have to have to be tested for an expanded range of contaminants, according to a new state law.
The new Private Well Testing Act requires that private drinking water wells undergo sampling at a state-certified lab when the property on which the well is located changes hands.
"Raising awareness about the importance of regularly testing private wells is an important step toward ensuring a safe drinking water supply for all New Jersey residents," said New Jersey Department of Environmental Protection (DEP) Commissioner Bradley M. Campbell in a statement. According to the DEP, approximately 12 percent of residents statewide depend on private wells for their drinking water. Under the new law, testing done on private wells will be expanded to include testing for a wider range of contaminants.
The new testing regulations require testing for total coliform, nitrates, iron, manganese, unsafe pH levels, lead, and all volatile organic chemicals. Volatile organics include especially dangerous chemicals, such as benzene and trichlorethylene, for which maximum contaminant levels have been established by state regulations. In addition, testing for mercury will be required for nine high-risk counties in southern New Jersey and along the shoreline, including Monmouth County.
Previously, New Jersey’s Safe Drinking Water regulations required only new private wells to be tested for a shorter list of contaminants before being placed in service.
"New Jersey residents have a right to know that the water they drink is clean and healthy," Campbell said, describing the law as an attempt to provide "better information about water quality."
As a result of the new regulations, before a buyer and seller close on a real estate transactions where a well that provides drinking water is involved, the well will need to be tested at a DEP certified laboratory. The tests are expected to cost between $450 and $650. After the tests are performed, the laboratories are required to submit the data to the DEP electronically. The DEP must then report all contaminated wells to county or municipal health authorities within five days.
"The testing will provide environmental and health agencies with data about ground water in areas that may require additional investigation," said Campbell.
DEP regulations specify that "raw" or untreated water, which has not been treated by a filtration system, must be tested, so that the sample accurately represents the condition of ground water in the aquifer, which may be different from the condition of the water that comes out of faucets in the homes where a treatment system is in place.
As a "right to know" law, the Private Well Test Act does not require that any specific remedy be taken if pollution is discovered in the well water, meaning that remedies to the problem must be negotiated between the buyer and seller of the property.
DEP estimates suggest that the new law will impact approximately 20,000 to 30,000 real estate transactions per year. More information on testing requirements are available through a toll free hotline at 1-866-4PW-TEST or on the DEP Web site www.state.nj.us/dep.