Real Estate Agents and Brokers

Real Estate Agents and Brokers should be aware of the following regulations involving well testing:

• The Private Well Testing Act became effective September 14, 2002
• Real estate transactions involving private and some public wells are affected
• The Private Well Testing Act applies to real estate transactions (including new construction) where:
  • The potable water supply is a private well
  • Any well that has less than 15 service connections or which does not serve an average of 25 individuals daily at least 60 days a year
• By mid-March 2004, the PWTA will also take effect for certain lessors of real property with re-testing required every five years.

Agreement of Sale needs a PWTA provision statement

The New Jersey DEP rule requires that "All contracts of sales for any real property... shall include a provision requiring, as a condition of the sale, the testing of that water supply for certain parameters."

New tests are required prior to closing

The PWTA mandates analysis for Total Coliform, Nitrates, Manganese, pH, Iron, lead and all Volatile Organic Compounds for which maximum contaminant levels have been established (VOC's with MCL's). The NJ DEP rule has added Mercury and Arsenic for certain counties, and a short term 24-hour Gross Alpha test to screen for the presence of radium will be required for certain counties according to a 6-18 month phase-in period. Click here for a chart of testing requirements by county in PDF format.

Both buyer and seller must review the laboratory results

The PWTA requires that both buyer and seller receive a copy of the laboratory test results. The NJ DEP rule specifies the format and wording of this report. Click here for our sample copy of this "Private Well Test Reporting Form" in PDF format.

The buyer and seller must also certify in writing at the time of closing that they have received and reviewed the report. Neither the PWTA nor the NJ DEP have provided wording for this written certification. The certification will NOT be submitted to the NJ DEP since the laboratory is required to report to the DEP by separate electronic data submittal.

A New Jersey-certified lab must be on site

The NJ DEP is specific in its ruling that on-site analysis for pH must be performed by "an employee of a certified environmental laboratory... which is certified to analyze for pH." While the DEP permits sample collection by a laboratory's authorized representative, the pH analysis must be performed by a lab employee. This is an important distinction because the DEP recognizes that a laboratory quality pH analysis requires properly calibrated and maintained equipment and fully trained personnel. An incorrect pH analysis can cause expensive, unnecessary installation of water treatment equipment and repeat sampling and analysis. All our field service people are full-time, fully trained employees of QC Laboratories.

Water treatment systems must be considered

PWTA samples must be collected prior to the point of entry of any water treatment device. There is no PWTA requirement for testing after water treatment. However, local health agencies or mortgage companies may require additional testing of the treated water sample. The PWTA does not preempt any existing water testing requirements or any authority of local health agencies. Our client services staff will help you determine whether any testing will be required in addition to the PWTA requirements.

Additional testing may be required in the event of a failed test

While the PWTA contains no requirement for re-testing upon a failed test, the NJ DEP rule requires the lab to report failed tests to the client, local health agencies and the NJ DEP. Local health agencies or the mortgage company may require re-testing or some form of water treatment system, but the PWTA requires neither.

Real Estate Agents and Brokers
Home Inspectors
Home Buyers & Sellers
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