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Applicability
& General Requirements
Q1:
What does the Private Well Testing
Act, N.J.S.A.
58:12A-26 et seq. (PWTA) require?
A1: The Act requires that, when property
with certain types of drinking water wells is sold
or leased, the well water must be tested for contaminants.
The results of the water testing must be reviewed
by both the buyer and seller, or in the case of
a leased property, by the lessee.
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Q2:
What types of properties are subject to the testing
requirement?
A2:
The Act covers SALES of two types of properties,
and LEASES of other properties. Testing is required
for the following:
- SALE
of any property that gets its drinking water from
a private well located on the property, and
- SALE
of any property that gets its drinking water from
a well that has less than 15 service connections
or that does not regularly serve an average of
at least 25 people daily at least 60 days out
of each year.
- Leasing
of any property that gets its drinking water from
a private well that isn't required to be tested
under to any other State law.
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Q3:
When in the real-estate sales process does testing
have to happen? When the contract is signed? At
the closing? What about rentals?
A3: The Act requires the following:
- Every
contract of sale for a property subject
to the Act must include a provision requiring
the testing as a condition of the sale.
- A
closing of the title of sale on a real
property that is subject to the Act may not occur
unless both the buyer and seller have received
and reviewed a copy of the water test results,
and have signed a paper certifying that they have
received and reviewed a copy of the results.
- Every
time a rental property subject to the Act is leased,
a written copy of the most recent test results
must be given to the lessee.
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Q4:
PWTA Well Water Testing required by the New Jersey Private Well Testing Act
When do the testing requirements take effect?
A4: Every contract of sale executed on or
after the effective date of the statute, September
14, 2002 for property subject to the Private Well
Testing Act is required to meet the testing requirements.
Testing is not required for real estate transactions
that were already under contract before the statute
went into effect (September 14, 2002). The testing
requirement for leased properties must be completed
by March 14, 2004, and at least once every five
years thereafter.
While
testing is not required under the law for real estate
transactions under contract prior to September 14,
2002, the DEP recommends that well water be tested
once a year or in connection with a real estate
sale. This testing provides important water quality
information that people and their families should
know.
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Q5:
How much will the testing cost?
A5: Laboratories testing rates vary, depending
on how hard it is to collect the sample, the location
of the property in relation to the lab, and other
factors. The DEP estimates that the average price
will be between $450 and $650.
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PWTA Well Water Testing required by the New Jersey Private Well Testing Act
Q6:
What will happen if the testing is not done? Will
the property sale be void?
A6:
Testing of your well water is important to your
family's health. If testing is not done, you and
your family may face a health risk and not know
it. You may also be subject to enforcement action.
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Q7:
My property has public water for drinking, and also
an on-site well used only for other purposes such
as lawn watering. Does that well have to be tested?
A7: No. Only drinking water wells are subject.
See FAQ #2
above.
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Q8:
Does the testing requirement apply to drinking water
wells at newly constructed residences?
A8: Yes, if the property is being sold or
leased.
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Q9:
What contaminants must the well water be tested
for?
A9: That depends on where you live. All wells
must be tested for the following contaminants: total
coliform bacteria, iron, manganese, pH, all volatile
organic compounds (VOCs) with established Maximum
Contaminant Levels, nitrate, and lead. If total
coliform bacteria are detected, a test must also
be conducted for fecal coliform or E. coli. Private
wells located in certain counties will also have
to test for arsenic, mercury and 48-hour rapid gross
alpha particle activity. Click here
for a table showing all contaminants that must be
tested.
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Q10:
My county also requires testing of private wells.
Which set of regulations do I follow: The county's
or the State of New Jersey's?
A10:
Both the county and state requirements must be met.
If there is an overlap between the two, the more
stringent of the two regulations will govern. Please
check with your local health authority or municipal
office for further information.
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Collection
& Analysis of Samples
Q1:
Who must collect the sample? May I do it myself?
A1: The sample must be collected by either
an employee of a certified drinking water laboratory
certified to collect PWTA samples; or by an authorized
representative of such a laboratory. See the
PWTA
rules at N.J.A.C.
7:9E-1.2 (pdf format) for definitions of "certified
laboratory" and "authorized representative."
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Q2:
May a real estate agent collect water samples for
analysis?
A2:
If a real estate agent is a NJ "certified
laboratory," as defined at N.J.A.C.
7:9E-1.2 (pdf format), an employee of a New
Jersey certified laboratory, or an "authorized
representative," as defined at N.J.A.C.
7:9E-1.2 (pdf format), the real estate agent
may take samples for all contaminants except for
pH. Samples for pH testing must be collected by
an employee of a laboratory that is certified to
test for pH, in accordance with N.J.A.C.
7:9E-1.2 (pdf format).
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Q3:
I am a home inspector, and I hear that the
PWTA
rules require submittal of Global Positioning System
(GPS) coordinates for the location of each well.
May I offer my customers GPS coordinate collection
service for pay?
A3:
Yes. Any person may collect GPS coordinates
to be used by a laboratory in submitting well test
results. Laboratories, realtors, home inspectors,
and surveyors are examples of professionals who
may choose to offer this service. However, the coordinates
must be collected in accordance with the
PWTA rules
at N.J.A.C.
7:9E-3.1(a)1xi (pdf format) which refers to
the DEP's standard requirements for GPS coordinates,
found in the DEP Geographic Information Systems
(GIS) rules at N.J.A.C. 7:1D, Appendix A.
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Q4:
What kind of equipment do I need to meet the Department's
GPS Data collection standards? Does the Department
require or recommend certain brands or receiver
models?
A4: The Department does not endorse nor recommend
certain brands or models for the collection of GPS
coordinates. However, only GPS equipment that can
meet the performance criteria of the Department's
GIS program is acceptable. A description of the
GPS
receiver requirements (pdf format) can be found
on the DEP's Private Well Testing Act website. More
detailed information on the Department's GIS program
can be found at www.state.nj.us/dep/gis.
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Q5:
I'm a reporting lab and want to report GPS data.
What are the correct units for reporting GPS? Should
these values contain a decimal point?
A5:
Labs should be reporting the coordinates in New
Jersey State Plane (survey) feet, referenced to
the NAD83 horizontal datum. A coordinate in this
system consists of an Easting (x) and a Northing
(y). Valid values within the state have Eastings
ranging from 192,000 to 660,000 and Northings ranging
from 34,000 to 920,000. There is no need for decimals,
as these values represent integer feet on the ground.
None of the required GPS receivers (GIS types included)
can accurately measure to within a tenth of a foot.
Caution:
The New Jersey State Plane Coordinate System is
not the same as the Universal Transverse Mercator
(UTM) system, which also uses the terms Eastings
and Northings. Be certain you are using the correct
system.
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Q6:
Are latitude and longitude coordinates allowed when
reporting GPS coordinates? What if my GPS unit records
in latitude and longitude?
A6:
Labs should not be reporting GPS coordinates in
latitude and longitude, but rather only in the NJ
State Plane Coordinate System, in survey feet units,
referenced to the NAD83 datum (see above question).
However, if latitude & longitude values are
read from the GPS receiver's display a conversion
is necessary before reporting. Make sure there are
enough decimals when performing the conversion.
Here is what is needed for an accurate conversion:
Five (5) decimal places for Decimal Degrees (DD.ddddd)
gets a coordinate to within 3 feet; three (3) decimal
places for Degrees Decimal Minutes (DD MM.mmm) gets
a coordinate to within 5 feet, and one (1)decimal
place for Degrees Minutes Decimal Seconds (DD MM
SS.s) gets a coordinate to within 9 feet.
Caution:
If 4 decimal places are used for DD then the coordinate
might be only within 30 ft. Similarly, if 2 decimal
places are used for DDM then the coordinate might
be only within 50 ft, if 0 decimal places are used
for DMDS then the coordinate might be only within
90 ft.
Coordinates
in other coordinate systems must be converted to
New Jersey State Plane coordinates. GPS receivers
designed for GIS data collection have the conversion
utilities available in the processing software that
comes with the receiver. There are also conversion
utilities (CORPSCON)
available on the worldwide web.
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Q7:
Where can I find a list of New Jersey certified
drinking water labs?
A7: Click here
for a list of certified drinking water laboratories
that conduct PWTA testing.
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Q8:
Who pays for the sampling and testing?
A8: When there is a sale of property, the
costs are negotiated between the buyer and the seller.
When property is leased, the landlord must obtain
and pay for the testing and provide the results
to the tenant.
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Q9:
Where in my home should the water sample be collected?
What if I have a water softener or other treatment
unit installed?
A9: The water sample must be collected on
untreated water. If the plumbing in the building
has a water softener, water filter, or other treatment
unit installed, the sample must be collected before
the water goes through the unit. If there is no
treatment unit installed, the water may be taken
from any cold water, non-aerated tap in the building.
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Q10:
Previously, I had testing done for other reasons.
May I use those test results to comply with the
PWTA? For example, may I use test results from four
months ago?
A10:
If the sample was collected and tested in accordance
with all the requirements of the PWTA rules at N.J.A.C.
7:9E (pdf format), the test results may be used
to comply with the law for one year after the sample
was collected, except for the coliform results,
which may be used for six months after sample collection.
Of course, if a new well were installed, the test
results from the old well could not be used. See
N.J.A.C.
7:9E (pdf format) for full details.
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Q11:
Can more than one laboratory be used for the testing?
A11:
Yes, as long as all the laboratories are certified
by the NJDEP for the analysis of the particular
parameters in accordance with N.J.A.C.
7:18 (pdf format). It is important to note that
the party collecting the sample must be certified
by the DEP for the collection for those PWTA parameters
or the collector must be an authorized representative
of a certified laboratory. The laboratories performing
the analysis must be certified by the DEP for the
analysis of that parameter. The list of laboratories
certified by the DEP for the collection and/or analyses
of PWTA parameters can be found at http://www.state.nj.us/dep/oqa/certlabs.htm.
However, the PWTA rules at N.J.A.C.
7:9E-3.1(b) (pdf format) require that one lab
coordinate and submit all the PWTA results to the
DEP electronically.
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Q12:
May I test my well for additional parameters not
required in the PWTA rules?
A12:
Yes. The rules set minimum parameters. Anyone is
free to test for more contaminants. If you choose
to have additional tests, the DEP recommends using
a New
Jersey laboratory that is certified by the DEP
for the analysis of that parameter in drinking water.
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Q13:
What is a 48-hour rapid gross alpha test?
A13:
The 48-hour rapid gross alpha test identifies the
presence of gross alpha particle activity in your
well water. Alpha particles are emitted during the
decay of certain radioactive substances. Gross Alpha
particle activity includes radium, uranium and thorium,
but most of the gross alpha radioactivity found
in drinking water is from radium. New Jersey has
adopted a protocol that requires the analysis of
a gross alpha sample with 48 hours of sample collection.
The 48-hour rapid gross alpha test includes the
gross alpha particle activity captured from radium-224,
an isotope with a half-life of 3.64 days, which
is not captured using the standard USEPA method.
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Q14:
IN NEW JERSEY, where is gross alpha particle activity
a concern?
A14:
While gross alpha can be found in most rocks and
soil IN NEW JERSEY, studies have shown that elevated
levels of naturally occurring radioactivity appear
mostly in southern New Jersey's Kirkwood-Cohansey
aquifer. The Kirkwood-Cohansey aquifer is present
in all or parts of the following counties: Atlantic,
Burlington, Camden, Cape May, Cumberland, Gloucester,
Monmouth, Ocean and Salem Counties. Many of the
private wells located in these counties draw from
the Kirkwood-Cohansey aquifer. The 48-hour rapid
gross alpha testing is phased in accordance with
the Private Well Test Act Regulations in certain
counties when property is leased or transferred
by a contract of sale (please see schedule below).
The Attorney General's Office has given formal agency
advice that the law applies to real estate transactions
in Cumberland and Gloucester Counties where the
sales contract is executed on or after March 15,
2003.
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Q15:
Who is required to test for gross alpha particle
activity in New Jersey?
A15:
To ensure adequate laboratory capacity, the PWTA
Rule phased in gross alpha testing requirements.
The PWTA Rule applies to real-estate transactions
where the sales contract is executed on or after
the effective date in particular counties. For properties
subject to the PWTA, the schedule is as follows:
For Cumberland and Gloucester Counties, contract(s)
of sale that were signed on or after March 15, 2003;
for Atlantic, Burlington, Camden and Salem Counties,
contract(s) of sale that were signed on or after
September 16, 2003; and for Cape May, Hunterdon,
Mercer, Middlesex, Monmouth and Ocean Counties,
contract(s) of sale that are signed on or after
March 16, 2004.
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Q16:
How do I arrange for a 48-hour rapid gross alpha
test?
A16:
There are currently several laboratories that are
certified by the DEP to analyze for the 48-hour
rapid gross alpha test. Although, most of the labs
certified for the 48-hour gross alpha test are located
outside New Jersey, arrangements can be made to
have samples shipped to one of these labs for analysis.
Many laboratories certified for sampling and/or
analysis for other PWTA parameters can arrange to
have one of these laboratories conduct the gross
alpha test analysis.
For
information regarding these and other certified
laboratories, please see the following link: http://www.state.nj.us/dep/oqa/certlabs.htm.
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Interpreting
Test Results & Subsequent Actions (including
treatment)
Q1:
Will the lab tell me if my water is clean?
A1: The laboratory is required to report
the test results to the person who requested the
test, on a New
Jersey Private Well Testing Form (pdf format)
provided by the DEP. The reporting form will show
how the well water results compare with State and
Federal drinking water standards. For PWTA parameter
standards, click here
(pdf format). For all drinking water standards,
click here.
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Q2:
If the well water does not meet one or more of the
drinking water standards, does that mean it's not
safe to drink?
A2:
Not necessarily. Some of the standards are based
on aesthetics (secondary standards), while some
are based on long-term health effects (primary standards).
The fact that water tests above the standard would
not necessarily mean that the water is unsafe to
drink. For example, high levels of iron (secondary
standard) in the water are generally not dangerous
but do give the water an unpleasant taste. On the
other hand, the presence of nitrates (primary standard)
above the MCL may cause a condition called blue
baby syndrome in infants. Learn more about New Jersey's
PWTA standards by clicking here
(pdf format) or the national drinking water standards
by clicking here.
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Q3:
If the well water does not meet one or more
of the drinking water standards, can the property
sale be completed? Does the water have to be treated
before the property is sold or rented?
A3:
The law does not prohibit the sale of property
if the water fails one or more drinking water standards.
The law mainly ensures that all parties to the real
estate transaction know the facts about the well
water so that they can make well-informed decisions.
Of course, it is possible that mortgage companies
or local health departments may require treatment
of the water in some cases.
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Q4:
If a well fails to meet one or more of the standards,
who will pay to have the water treated?
A4: The law does not require treatment for
well water that fails to meet standards. Therefore,
if a well owner chooses to treat the water, they
are responsible for paying for treatment, or for
obtaining assistance in paying. In some cases the
DEP or other government agencies may provide funding
assistance for treatment for some types of drinking
water contamination. The New
Jersey Private Well Testing Form (pdf format),
upon which test results are reported, will include
information on any available assistance.
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Q5:
If a well fails to meet one or more of the standards,
will DEP make that information public?
A5:
No. The laboratory reports test results to the person
who requested the testing, to the DEP, and to the
local health authority. Both the DEP and the local
health authority are required to keep the address
of tested wells confidential. The laboratory will
provide a copy of the test results on the New Jersey
Private Well Test Reporting Form to the person who
requested the testing. In addition, the laboratory
reports the water test results to the DEP electronically.
The DEP in turn notifies the local health authority
of test results that exceeded the standards. If
analysis shows an exceedance of an acute parameter,
such as coliform or nitrates, the laboratory, which
analyses the water sample, notifies the local health
authority directly. In some situations, the local
health authority has the discretion to notify the
reported presence of a PWTA parameter in a private
well to nearby well owners to test for the parameter
of concern. Under the law, the local health authority
may not reveal the address or location of the impacted
residence. Lastly, the DEP may provide general compilations
of water test results data collected that may be
identified by county and municipality or other appropriate
areas of delineation.
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Q6:
What are the types of home drinking water treatment
devices available, and which are generally effective
for specific contaminants?
A6:
Chemical Treatment: There are generally three
major types of home drinking water treatment devices
available to consumers for removing chemical contaminants.
These treatment devices include filters, distillers,
and softeners. Filters, such as carbon or reverse
osmosis, use different kinds of media to filter
out contaminants from drinking water as the water
passes through it. Distillers use a process
where the water is heated and subsequently cooled
to remove contaminants. Water softeners utilize
a process known as ion exchange to remove contaminants
from drinking water. Ion exchange uses reciprocal
transfer of contaminant ions between the drinking
water and a resin or other solid media to remove
a contaminant. These devices are capable of removing
a variety of contaminants that may be found in drinking
water, but individually they may not provide all
of the necessary treatment for all contaminants
of concern.
Microbiological
Treatment: Microbiological treatment can be
achieved either through disinfection or physical
removal. For microbiological disinfection, treatment
devices such as ultra violet light (UV) or Chlorinators
may be effective. Reverse osmosis can also
be used to effectively treat water with microbiological
contamination.
For
more specific information regarding the effectiveness
of these treatment devices, we recommend visiting
the NSF International website at http://www.nsf.org/consumer/drinking_water/index.asp?program=WaterTre/.
NSF International is a non-profit organization that
provides information to consumers and ranks drinking
water treatment devices for their inherent effectiveness
for specific contaminants.
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Q7:
How do I interpret the 48-hour rapid gross alpha
testing results?
A7: Gross alpha particle activity in drinking
water is measured in the standard unit of picocuries
per liter (pCi/l). The State and Federal Maximum
Contaminant Level (MCL) standard for gross alpha
particle activity in drinking water is 15 pCi/l.
The 48-hour rapid gross alpha test does require
a second gross alpha particle activity count to
be conducted to determine if there is an exceedance
of the MCL only if the first count is greater than
5 pCi/l. The following illustrates the degree of
significance for gross alpha particle activity if
detected and what, if any, appropriate action is
recommended:
- If testing results show that gross alpha particle
activity is greater than 15 pCi/l, then the DEP
recommends water treatment be installed to reduce
concentrations to below the standard.
- If testing results show gross alpha particle
activity is greater than 5 pCi/l, but less than
15 pCi, then the NJDEP recommends testing for
radium 226 and 228 (USEPA Method 903.0 and 904.0,
respectively). If this additional testing shows
that combined radium levels are above 5 pCi/l,
then water treatment is recommended to reduce
concentrations to below the standard.
- If testing results show gross alpha activity
is less than 5 pCi/l, no further action is recommended.
For
additional information concerning sampling and analysis
for gross alpha particle activity, please contact
the DEP's Office of Quality Assurance at (609) 292-3950.
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Q8:
What can be done if gross alpha particle activity
is detected in my potable well water?
A8: Several measures can be taken to reduce
or eliminate radioactivity in your drinking water.
The following specific options are recommended:
- If available, consider connecting
to a municipal water system.
- Installing a point-of-entry treatment
device, such as a water softener or ion exchange
water treatment system. These are considered cost
effective measures that can reduce the radioactivity
in drinking water. However, if you are treating
for the removal of Volatile Organic Compounds
(VOCs), the gross alpha particle activity should
be treated prior to the VOC treatment (see note
below).
- Install a point-of-use water treatment
device, such as ion exchange or reverse osmosis
system. This can effectively treat the drinking
water at the tap for drinking and food preparation.
- Purchase bottled water for drinking
and food preparation. However, consumers need
to evaluate the long-term cost of this measure.
- Consider either modifying your current
well or possibly drilling a new well to acquire
water from a deeper aquifer known to have either
no or acceptable levels of radioactivity.
Note:
water treatment devices, such as water softeners,
and ion exchange and reverse osmosis units, must
be maintained in accordance with the manufacturer's
specification so they are continually effective.
Furthermore, after installing one of these water
treatment systems, it is recommended that you conduct
another gross alpha test to verify that the installed
treatment device is effectively working and reducing
radioactivity to a satisfactory level. If you are
currently using an activated carbon system to treat
your well water, it is essential that you first
treat for the removal of gross alpha particle activity.
This is to prevent the accumulation of gross alpha
particle activity within the carbon bed of the treatment
device. Further information can be obtained by contacting
your local health office to determine which type
of treatment system may be appropriate for your
home. Click here.
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Q9:
If the well water does not meet one or more of the
drinking water standards, what type of assistance
from the State is available for treatment?
A9: Generally, homeowners are responsible
for installation and maintenance costs that are
incurred concerning their potable well water. However,
there are two state programs that may be available
to homeowners for financial assistance if specific
eligibility requirements are met.
- The Spill Compensation Fund Program (commonly
known as "Spill Fund") administered
by Environmental Claims Administration within
the New Jersey Department of Environmental Protection
offers help to innocent parties suffering from
direct or indirect damages resulting from the
human-caused discharge of a hazardous substance.
A property owner may file a claim for reimbursement
for most of the expenses incurred to install a
treatment device for a potable well or to connect
to a public water supply due to a human-caused
hazardous substance in the well water. For a list
of PWTA parameters that may be eligible, click
here
(pdf format). A claimant has 1 year from the date
he/she learns that the well is contaminated to
file a claim. There are specific eligibility requirements
and guidelines for filing claims with the Spill
Fund. For more information, please contact the
NJDEP-Environmental Claims Administration at 609-777-0101
or visit their website at www.state.nj.us/dep/srp.
You may write to the ECA: NJDEP-ECA/Spill Fund,
P.O. Box 028, 401 E. State Street, Trenton, N.J.
08625-0028.
- The New Jersey Housing and Mortgage Finance
Agency (NJHMFA) has a Potable Water Loan Program
that is available to owners of single family residences
whose source of potable water exceeds the State
of New Jersey's Primary Drinking Water Standards.
In addition, the loan program covers iron and
manganese although these contaminants do not have
Primary Drinking Water Standards. For further
information, please contact the NJHMFA Hotline
at 1-800-NJhome (1-800-654-6873) or they may
be reached at: P.O. Box 18550, 637 South Clinton
Avenue, Trenton, N.J. 08650-2085 or on the web
at: www.state.nj.us/dca/hmfa/singfam/index.html#potable.
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Q10:
Will the Spill Fund continue to pay for the operation
and maintenance of units previously installed if
the property is sold to a new owner?
A10:
Spill Fund ma | 
