Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Assemblyman JAMES J. KENNEDY
District 22 (Middlesex, Somerset and Union)
Co-Sponsored by:
Assemblyman Caputo
SYNOPSIS
Sets maximum contaminant level and requires private well testing for perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA).
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the regulation of perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA), supplementing P.L.1977, c.224 (C.58:12A-1 et seq.), and amending P.L.2001, c.40.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New Section) a. Notwithstanding any law, rule, or regulation to the contrary:
(1) the maximum contaminant level for perfluorooctane sulfonic acid (PFOS) shall be 0.013 micrograms per liter; and
(2) the maximum contaminant level for perfluorooctanoic acid (PFOA) shall be 0.014 micrograms per liter.
b. The department may establish a maximum contaminant level more stringent than the levels set forth in subsection a. of this section pursuant to the “Safe Drinking Water Act,” P.L.1977, c.224 (C.58:12A-1 et seq.
2. Section 3 of P.L.2001, c.40 (C.58:12A-28) is amended to read as follows:
3. Every water test conducted in accordance with [this act] P.L.2001, c.40 (C.58:12A-26 et seq.) shall include a test for at least the following parameters: bacteria (total coliform); nitrates; iron; manganese; pH; perfluorooctane sulfonic acid (PFOS); perfluorooctanoic acid (PFOA); all volatile organic compounds for which maximum contaminant levels have been established pursuant to P.L.1977, c.224 (C.58:12A-1 et seq.); and lead.
In addition, the water test shall include a short term 48-hour gross alpha test to screen for the presence of radium, provided that the Department of Environmental Protection has made a finding pursuant to subsection b. of section 4 of [this act] P.L.2001, c.40 (C.58:12A-29) that there are a sufficient number of laboratories certified to perform the test.
(cf: P.L.2001, c.40, s.3)
3. This act shall take effect January 1, 2021.
STATEMENT
This bill would set a maximum contaminant level under the “Safe Drinking Water Act,” for perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) in drinking water. The bill would also amend the “Private Well Testing Act” to require certain private well testing of PFOS and PFOA.
The bill would set a maximum contaminant level for PFOS at 0.013 micrograms per liter and PFOA at 0.014 micrograms per liter. The Department of Environmental Protection (DEP) would have the authority to set a maximum contaminant level that is more stringent than the levels provided in the bill pursuant to the “Safe Drinking Water Act.” In addition, the bill would amend the "Private Well Testing Act" to add PFOS and PFOA to the list of chemicals regulated under that act, requiring sellers and lessors of property that contains a private well to test the well's water to ensure it meets water quality standards established by the Department of Environmental Protection.
PFOS and PFOA are part of a larger class of substances, referred to as “PFAS,” which have been detected in drinking water supplies and which can pose serious health threats to consumers. The DEP, in 2018, established a maximum contaminant level for perfluorononanoic acid (PFNA). Currently, there are no federal drinking water standards for these contaminants. The levels provided in this bill are consistent with the levels recommended to the DEP by the New Jersey Drinking Water Qualify Institute.