Rutgers Law

New Jersey Statutes, Title: 58, WATERS AND WATER SUPPLY

    Chapter 12a:

      Section: 58:12a-12.8: Water testing request by customer.

          2. a. (1) A public water system that exceeds the lead action level or the copper action level shall, upon request by a customer, test the customer's drinking water for the presence of lead and copper, whichever level was exceeded, for the duration of the action level exceedance, using a laboratory certified for that purpose by the department. Within 60 days after the public water system is deemed not to exceed the lead action level or the copper action level, a public water system shall, upon request by a customer, test the customer's drinking water for the presence of lead and copper. If a test shows that the lead action level was exceeded, the public water system shall, upon request by a customer, test the customer's drinking water every 60 days for the presence of lead until the public water system is deemed not to exceed the lead action level or until two consecutive tests show that the lead action level was not exceeded.

(2) The results of every test authorized pursuant to this subsection shall be provided to the customer.

(3) When a landlord receives the results of test provided pursuant to paragraph (2) of this subsection, the landlord shall:

(a) distribute, by any means including by electronic mail, the notice of the results as soon as practicable, but no later than three business days after receipt, to every tenant who has entered into a lease agreement with the landlord and whose dwelling unit is served by the public water system; and

(b) post the notice of the results, as soon as practicable, but no later than three business days after receipt, in a prominent location at the entrance of each rental premises that is owned by the landlord and served by the public water system, except that this requirement shall not apply in the case of single-family dwellings that do not have a common area.The requirements of this paragraph shall not apply to a landlord when a tenant is a direct customer of the public water system and is billed directly by the public water system.

b. A customer 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 pursuant to this section.

c. A public water system that exceeds the lead action level or the copper action level shall include a notification on each customer's water bill, which clearly states the availability of water testing pursuant to this section. If a landlord receives a notification under this subsection, the landlord shall distribute and post the notification and any relevant information to every tenant who has entered into a lease agreement with the landlord and whose dwelling unit is served by the public water system in the same manner as provided in paragraph (2) of subsection a. of this section.

L.2021, c.265, s.2.

This section added to the Rutgers Database: 2021-12-09 15:29:10.

Older versions of 58:12a-12.8 (if available):

Court decisions that cite this statute: CLICK HERE.