NJDEP Proposes to Set MCL for Perchlorate

May 8, 2009
by JONATHAN RINDE
Client Alert Newsletter May 2009

The New Jersey Department of Environmental Protection ("NJDEP") seeks to amend the New Jersey Safe Drinking Water Act ("SDWA"), the Private Well Testing Act ("PWTA") and the Regulations Governing the Certification of Laboratories and Environmental Measurements ("LEM Regulations"), to impose standards, monitoring, compliance, public notification and reporting requirements for perchlorate, a chemical compound of concern for which no federal or state drinking water standard currently exists. Specifically, NJDEP proposes to amend the SDWA to establish a maximum contaminant level ("MCL") of 5 ug/l for perchlorate and include rules specifying the monitoring, compliance and public notification requirements for perchlorate. With respect to the PWTA, NJDEP proposes to amend the rules to include perchlorate in the list of parameters tested in wells subject to the PWTA, which requires sampling of private portable wells prior to a sale or lease of properties served by private potable wells to ensure that prospective purchasers or lessors are aware of the quality of the drinking water prior to the sale or lease. Lastly, NJDEP proposes to amend the LEM Regulations to require laboratories to report to the appropriate administrative agency and inform their clients of any perchlorate MCL exceedance within 24 hours of learning of such results.