Request a Consultation

A Guide to Better Water Testing for North Jersey Buyers Before Closing

For home buyers in North Jersey, understanding the quality of private well water is a critical step in the property acquisition process. In New Jersey, this process is governed by the Private Well Testing Act (PWTA), which mandates specific testing requirements for residential real estate transactions involving private wells.

1. The Legal Framework: The Private Well Testing Act (PWTA)

Enacted in 2002, the PWTA is a consumer information law designed to ensure that both buyers and sellers are fully aware of the quality of the drinking water source before a real estate closing occurs (Flanagan et al., 2016).

  • Mandatory Testing: The law requires that untreated groundwater from a private well be tested for a comprehensive list of parameters during a real estate transaction (Flanagan et al., 2020).
  • Data Transparency: Results must be submitted to the New Jersey Department of Environmental Protection (NJDEP). While the Act mandates testing and disclosure, it does not require the seller to treat the water if contaminants are found; rather, it ensures the buyer is informed so they can make an educated decision or negotiate remediation (Flanagan et al., 2018; O’Neill et al., 2022).

2. What Must Be Tested

To comply with the PWTA, water must be sampled by a state-certified laboratory. While requirements can vary slightly by county, the testing typically covers a range of health-related parameters, including:

  • Heavy Metals: Lead, mercury, and arsenic. New Jersey maintains one of the most protective standards in the nation for arsenic, with a Maximum Contaminant Level (MCL) of 5 µg/L (Flanagan et al., 2020; O’Neill et al., 2022).
  • Chemicals & Minerals: Volatile organic chemicals (VOCs), nitrates, iron, manganese, and pH levels (Atherholt, 2018).
  • Biological Contaminants: Total coliform and E. coli bacteria are tested to determine the sanitary status of the well (Atherholt, 2018).

3. Why One-Time Testing May Not Be Enough

A single test performed during a real estate transaction provides a “snapshot” of the water quality, but it does not guarantee long-term safety.

  • Geological Variation: Even if a neighboring well has “clean” water, your well may have different concentrations due to localized geology (Flanagan et al., 2020).
  • Temporal Changes: Groundwater composition can change over time. Research suggests that if a well shows elevated levels of certain contaminants (such as arsenic) even at concentrations below the MCL, more frequent monitoring—potentially annually—is recommended to ensure continued safety (Mailloux et al., 2020).
  • Maintenance Awareness: Studies indicate that after the initial transaction, many homeowners may lose track of their water quality results or neglect the maintenance of any treatment systems (Flanagan et al., 2016).

4. Recommendations for Buyers

  • Review Results Closely: Ensure the laboratory report is provided and reviewed before closing. Don’t simply accept a verbal assurance that the “water passed.”
  • Understand Your Treatment Options: If the test reveals contaminants, research the necessary treatment systems. Because the PWTA does not force remediation, the cost and responsibility for installing systems (such as iron filters, water softeners, or arsenic removal systems) will likely fall to you after closing.
  • Plan for Post-Closing Maintenance: Regardless of the initial test results, the EPA and water quality experts recommend that private well owners test their water annually for coliform bacteria, nitrates, and other parameters, or more frequently if they notice changes in taste, smell, or appearance (Atherholt, 2018).

References

Atherholt, T. B. (2018). Domestic well coliform tests results. Water Quality Association. https://wqa.org/wp-content/uploads/2022/09/Article-3-Domestic-Well-Coliform-Test-Results-VOL-IX.pdf

Cited by: 1

Flanagan, S. V., Procopio, N. A., Spayd, S. E., Gleason, J. A., & Zheng, Y. (2020). Improve private well testing outreach efficiency by targeting households based on proximity to a high arsenic well. Science of The Total Environment, 738, 139689. https://doi.org/10.1016/j.scitotenv.2020.139689

Cited by: 13

Flanagan, S. V., Rockafellow-Baldoni, M., Spayd, S. E., Procopio, N. A., Gleason, J. A., Braman, S., Chillrud, S. N., & Zheng, Y. (2018). Health protective behavior following required arsenic testing under the New Jersey Private Well Testing Act. International Journal of Hygiene and Environmental Health, 221(6), 929–940. https://doi.org/10.1016/j.ijheh.2018.05.008

Cited by: 30

Flanagan, S. V., Spayd, S. E., Procopio, N. A., Chillrud, S. N., Braman, S., & Zheng, Y. (2016). Arsenic in private well water part 1 of 3: Impact of the New Jersey Private Well Testing Act on household testing and mitigation behavior. Science of The Total Environment, 562, 999–1009. https://doi.org/10.1016/j.scitotenv.2016.03.196

Cited by: 73

Mailloux, B. J., Procopio, N. A., Bakker, M., Chen, T., Choudhury, I., Ahmed, K. M., Mozumder, M. R. H., Ellis, T., Chillrud, S., & van Geen, A. (2020). Recommended sampling intervals for arsenic in private wells. Groundwater, 59(1), 80–89. https://doi.org/10.1111/gwat.13020

Cited by: 14

O’Neill, H. S., Flanagan, S. V., Gleason, J. A., Spayd, S. E., Schwartz, R. I., & Procopio, N. A. (2022). Targeted private well outreach following a change in drinking water standard: Arsenic and the New Jersey Private Well Testing Act. Journal of Public Health Management and Practice, 29(1), E29–E36. https://doi.org/10.1097/phh.0000000000001575

Cited by: 7