Frequently Asked Questions - New Jersey Private Well Testing Act

What does the Private Well Testing Act, N.J.S.A. 58:12A-26 et seq. (PWTA) require?
  • 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 the seller, or in the case of a leased property, by the lessee.
What types of properties are subject to the testing requirement?
  • 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 lweast 25 peole 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 any other State law.
In the case of a home sale, who should choose the type of arsenic treatment system to install?
  • In the case of a home sale, the buyer of the home should always choose the type of water treatment system and who will install it. This is important so the person living with the system will know what they have, how to monitor and maintain it, and who to call for service, because of course the buyer is the one who will be drinking the water.
When in the real estate sales process does testing have to happen? When the contract is signed? At the closing? What about rentals?
  • 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.
What contaminants must the well water be tested for?
  • 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 Contaminat Levels, nitrate and lead. If total coliform bacteria are detected, a test must also be conducted for fecal coliform or E. coli.
  • Private wells in certain counties will also have to test for arsenic, mercury, and 48-hour rapid gross alpha particle activity. 
  • Arsenic tests are required in Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Morris, Passaic, Somerset, Sussex, Union and Warren counties. 
  • Click here for a table showing all the contaminants that must be tested.