ASSEMBLY, No. 5016

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED JANUARY 10, 2023

 


 

Sponsored by:

Assemblyman  REGINALD W. ATKINS

District 20 (Union)

Assemblywoman  SADAF F. JAFFER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblyman  STERLEY S. STANLEY

District 18 (Middlesex)

 

Co-Sponsored by:

Assemblymen Sampson, Mukherji, Assemblywomen Carter, Sumter and McKnight

 

 

 

 

SYNOPSIS

     Requires water supply system testing and compliance with secondary drinking water regulations.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning water supply quality, and supplementing P.L.1977, c.224 (C.58:12A-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  a.  A public community water system shall sample and test the water supply on a quarterly basis for compliance with secondary drinking water regulations in accordance with testing protocols established by the Department of Environmental Protection.  The testing protocols, in addition to requiring sampling when the water enters the distribution system, shall require each public community water system to collect samples for testing from at least 10 percent of customer taps.

     b.  The department shall require that the owner or operator of a public community water system submit quarterly and annual test results to the department, in a format prescribed by department rule or regulation, to the governing body of each municipality within its service area, and to customers of the system.

     c.  Whenever the test results of a water supply exceed the standards established in the secondary water regulations, the department shall require, within 30 days after receipt of the test results, that the owner or operator of the public community water system formulate a compliance plan providing for the public community water system to take appropriate action, as necessary to bring the water supply into compliance with the standards, within 30 days after completion of the plan, or within a more expedited timeframe, if deemed by the department to be necessary to abate a public health threat.  The department may also extend the deadline for compliance, established pursuant to this subsection, if new construction is required therefor.

     d.  (1)  The department shall require any public community water system that is subject to the requirements of subsection c. of this section to develop and submit, for approval, a maintenance plan for the system to ensure that the water supply continues to meet the secondary drinking water regulations after being brought into compliance with those standards, pursuant to the plan adopted pursuant to subsection c. of this section.  No later than 30 days after receipt by the department of a maintenance plan, the department shall approve, disapprove, or conditionally approve the plan.

     (2)  If the department approves the maintenance plan, the public community water system shall implement the plan within 30 days after receipt of approval from the department or within another timeframe agreed to by the department.  If the plan is disapproved, the department shall inform the owner or operator of the public community water system of the reasons for the disapproval, and the owner or operator shall have 30 days thereafter to submit a revised plan to the department.  If the department conditionally approves the maintenance plan, the owner or operator of the public community water system, shall implement the plan, subject to any modifications or additional requirements imposed by the department in association with the conditional approval, within 30 days after the plan has been deemed conditionally approved.

     (3)  If, at the conclusion of the time period ending 90 days after receipt, by the department, of a completed maintenance plan, the department has not approved, conditionally approved, or disapproved the plan pursuant to this subsection, the plan shall be deemed to be approved. 

     e.  The department may, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules or regulations necessary to implement the provisions of this act.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would require a public community water system to sample and test the water supply on a quarterly basis for compliance with secondary drinking water regulations in accordance with testing protocols established by the Department of Environmental Protection (department).  The testing protocols, in addition to requiring sampling when the water enters the distribution system, would require the public community water system to collect samples for testing from at least 10 percent of customer taps.  The bill would also require that the owner or operator of a public community water system submit quarterly and annual test results to the department, to the governing body of each municipality within its service area, and to customers of the system.  The bill would further require, whenever the test results of a water supply exceed the standards established in the secondary drinking water regulations, that the owner or operator of the public community water system formulate a compliance plan, within 30 days,  that provides for the public community water system to take any action necessary to bring the water supply into compliance with the standard within 30 days after the plan’s completion.  Finally, the bill would require that the public community water system also develop and submit, for department approval, a maintenance plan for the system to ensure that the water supply continues to meet the standards set forth in the State’s secondary drinking water regulations.