Land Use Management
Division of Water Supply

Notice of Rule Proposal
Private Well Testing Act Rules, Safe Drinking Water Act Rules, Regulations Governing the Certification of Laboratories and Environmental Measurements, N.J.A.C. 7:9E-2.1, and 4.1; 7:10-5.1 through 5.5; 12.30, 7:18-5.6, and 9.4.

Public Notice
Take notice that the NJ Department of Environmental Protection is proposing amendments to the above listed rules.

The Department is proposing to amend the New Jersey Safe Drinking Water Act (SDWA) rules at N.J.A.C. 7:10 to establish a maximum contaminant level (MCL) of five micrograms per liter (µg/l) for perchlorate, a chemical compound of concern for which no Federal or State drinking water standard has yet been established. The proposed amendments to the SDWA rules also specify monitoring, compliance, and public notification requirements for perchlorate. The Department is also proposing amendments to the Private Well Testing Act (PWTA) rules at N.J.A.C. 7:9E to include perchlorate.  The PWTA rules are promulgated under the authority of the New Jersey Private Well Testing Act, N.J.S.A. 58:12A-26 et seq., and establish the requirements for the sampling of individual private wells to ensure that purchasers and lessors 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 Department is proposing to amend the PWTA rules to add perchlorate to the list of parameters that must be tested for in all wells subject to the PWTA and to require laboratories to inform the test requester and local health authority within 24 hours when perchlorate exceeds the MCL.

Lastly, the Department is proposing to amend the Regulations Governing the Certification of Laboratories and Environmental Measurements at N.J.A.C. 7:18.  These rules regulate laboratories conducting analyses of samples submitted under a variety of State statutes, including the SDWA and PWTA.  More specifically, these rules establish a certification program for performing environmental analyses, and establish the administrative procedures to be followed by certified environmental laboratories and by laboratories seeking to become certified.  The proposed amendment to this chapter would establish an expedited notification process by which laboratories would inform their clients and the administrative authority (local health department or Department, as appropriate) within 24 hours of the sampling results when the perchlorate MCL is exceeded.

The proposal is scheduled to be published in the New Jersey Register dated March 16, 2009.  A copy of the proposal is available from:  the DEP web site(PDF); phoning (609) 292-5550; at County  libraries; 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.

A public hearing concerning the proposal is scheduled as follows:

April 13, 2009, at 9:00 A.M.
New Jersey Department of Environmental Protection
1st Floor Public Hearing Room
401 East State Street
Trenton, NJ, 08625

Written comments may be submitted by May 15, 2009 to:

NJ Department of Environmental Protection
Janis E. Hoagland, Esq.
ATTN: DEP Docket No. 02-09-02/548
Office of Legal Affairs
PO Box 402
Trenton, New Jersey 08625