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PRIVATE WELL TESTING
Beginning September 14, 2002, private well testing will become a condition of sale for the transference of real property. The Private Well Testing Act of 2001 decrees a minimum testing requirement for potable water samples taken from private wells prior to the closing of Title.
This law specifically applies to real estate transactions insofar that, "All contracts of sale for any real property, the potable water supply which is a private well located on the property, or for any other real property whose potable water supply comes from 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, as a condition of sale, the testing of that water supply for certain parameters." Prior to closing of Title, the seller and buyer shall each certify in writing they have received and reviewed a copy of the test results. A closing cannot occur if this procedure has not been followed.
The NJ Attorney General's Office has given formal agency advice that the law applies to real-estate transactions where the sales contract is executed on or after the effective date of the statute, September 14. Thus, private well testing is not required by statute for real-estate transactions already under contract when the statute goes into effect.
By law, a New Jersey state-certified laboratory must conduct the following analysis on private well water samples taken from each of the state's 21 counties: Total Coliform; Fecal Coliform or E. Coli; Nitrate; Iron; Manganese; pH; all volatile organic compounds for which maximum contaminant levels have been established by the Safe Drinking Water Act; and Lead.
A complete copy of the Private Well Testing Act and answers to frequently asked questions surrounding private well testing may also be found by visiting the DEP website at www.state.nj.us/dep/pwta
It is crucial that all REALTORS(r) be prepared to comply
with the new law to ensure smooth and uninterrupted sales transactions.
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Proposed Private Well Testing Addendum