New Jersey Statutes Title 58. Waters and Water Supply 58 § 12A-12.9a

Current as of January 01, 2024 | Updated by Findlaw Staff

a. (1) A public water system shall, upon request by a customer or non-paying consumer, test the customer's or non-paying consumer's drinking water for the presence of lead using a laboratory certified for that purpose by the Department of Environmental Protection. A public water system shall be required to provide only one test each year, upon such request by a customer or non-paying consumer, unless a test shows that the lead action level was exceeded. If a test shows that the lead action level was exceeded, the public water system shall, upon request by a customer or non-paying consumer, test the customer's or non-paying consumer's drinking water every 60 days for the presence of lead until two consecutive tests fall at or below the lead action level.

(2) The public water system shall provide the results of every test authorized pursuant to this subsection to the customer or non-paying consumer.

b. A public water system shall not be required to comply with the requirements of subsection a. of this section for a property that is:

(1) constructed after 1986;

(2) located in a property that is serviced by a service line that has been determined by the public water system, pursuant to P.L.2021, c. 183 (C.58:12A-40 et seq.), not to be a lead service line; or

(3) a seasonal rental unit.

c. A customer or non-paying consumer who requests a test pursuant to this section shall not be charged a fee by the public water system for the test. A public water system that is a “public utility,” as defined in R.S.48:2-13, and that is regulated by the Board of Public Utilities pursuant to Title 48 of the Revised Statutes, may petition the board to include in the public water system's rate base the reasonable costs of testing it provides to customers or non-paying consumers pursuant to this section. A public water system that is not regulated by the Board of Public Utilities may include in the public water system's rates the reasonable costs of testing it provides to customers or non-paying consumers pursuant to this section.

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Cite this article: FindLaw.com - New Jersey Statutes Title 58. Waters and Water Supply 58 § 12A-12.9a - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-58-waters-and-water-supply/nj-st-sect-58-12a-12-9a/

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