Water Testing Required?
In September 2002, the Private Well Testing Act, N.J.S.A. 58:12A-26 et seq. went into effect. PWTA requires that certain types of property with private wells being sold or leased 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.
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. | |
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. 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.
The testing requirement for leased properties must be completed by March 14, 2004, and at least once every five years thereafter. The Act requires every contract for a property subject to the Act must include a provision requiring the testing as a condition of the sale. 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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