Private Well Testing Bill Advances Banner Image

Environmental Law

In a state noted for its strict and pace-setting environmental laws, Riker Danzig’s Environmental Law Group is among...

Private Well Testing Bill Advances

October 30, 2016

The "Private Well Testing Act," requiring water quality testing for potable water supplied to dwelling units by private wells that are not public water systems, passed in the Assembly and has advanced to the Senate Environment Committee.

   A-1306 would require that testing be performed before any sale or other conveyance of a dwelling unit and before water is drawn from a new well.  Exceptions are made for conveyances by foreclosure proceedings, judicial or arbitration awards, devise or gift.  The water supplies subject to the bill's provisions must be brought into compliance with the water quality standards adopted under the bill before conveyance of the dwelling unit, although certain exceptions apply.

Additionally, the potable water supply for dwelling units being leased for a term of one year or longer must be tested annually for bacteria and nitrates and every five years for volatile organic chemicals, mercury and radium.  Units being leased for less than one year are exempt from the requirement.

Effluent Treatment Bills

Companion bills A-2380 and S-1209 would establish a tax credit for purchasing of equipment used exclusively for the treatment of effluent from a wastewater treatment system.  Such equipment would be used to remove effluent prior to the wastewater being discharged into a waterway, and then also to treat the effluent for subsequent reuse in an industrial process.  The Assembly bill was reported out of the Assembly Solid and Hazardous Waste Committee and referred to the Assembly Appropriations Committee.  The Senate version has had its second reading on the floor and is now in the Senate Budget and Appropriations Committee.

Senate bill S-1210 would establish a credit for taxpayers who enter into an agreement to take treated effluent from a wastewater treatment facility prior to its being discharged into the waters and transport it for further treatment and subsequent use in the taxpayers' industrial process.  The bill has had its second reading and is in the Budget and Appropriations Committee.

Another pair of related bills would exempt from the Sales and Use Tax Act receipts from the sale of equipment that is used exclusively for the removal of certain effluent for purposes of additional treatment and subsequent reuse.  S-1234 currently resides in the Senate Economic Growth, Agriculture and Tourism Committee.  A-2381 was reported out of the Assembly Solid and Hazardous Waste Committee and referred to the Assembly Appropriations Committee.

Get Our Latest Insights

Subscribe