NJ DEPARTMENT of ENVIRONMENTAL PROTECTION
DIVISION OF WATER SUPPLY
WATER SUPPLY OPERATIONS

Notice of Rule Proposal
Private Well Testing Act Rules: Proposed Readoption with Amendments: N.J.A.C. 7:9E

Public Notice
Take notice that the NJ Department of Environmental Protection (Department) is proposing to readopt the Private Well Testing Act (PWTA) rules, N.J.A.C. 7:9E, with amendments.

The PWTA Rules were adopted effective September 16, 2002, to implement the Private Well Testing Act (Act), N.J.S.A. 58:12A-26 et seq. The Act, which became effective on September 14, 2002, establishes the requirements for the sampling of individual private wells to ensure that purchasers and lessees of properties served by private potable wells are made aware of the quality of the untreated drinking water sources prior to sale or lease. The PWTA rules implement these requirements. The PWTA Rules establish a list of parameters for which the well water must be tested, a procedure for the submittal and confidential treatment of the test results and related information, and a procedure for providing notice to applicable local health agencies. The Department is proposing to readopt the PWTA Rules to continue and enhance implementation of the PWTA.

The Department is proposing an amendment at N.J.A.C. 7:9E-2.1 in order to expand arsenic sampling requirements to two additional counties (Warren and Sussex) in the list of counties in which sampling for this contaminant is required. Currently, arsenic testing is required only in those 10 counties located at least partially in the Piedmont Region of the State. The Department is proposing the amendment to ensure that wells in both the Piedmont and the Highlands Regions are sufficiently monitored for arsenic.

The proposal is scheduled to be published in the New Jersey Register, dated October 1, 2007. A copy of the proposal is available from: the DEP website (PDF); by calling the Department at (609) 984-0162; at County libraries, or by contacting LexisNexis Customer Service at (800)223-1944 or www.lexisnexis.com/bookstore. Be advised that there may be a fee for obtaining a copy of the proposal from some sources.

Written comments may be submitted by November 30, 2007 to:

NJ Department of Environmental Protection
Oneida Cuevas, Esq.
ATTN: 18-07-08/654
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625-0402