Bill Text: NJ A1489 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires certain notifications upon sale of property where private well is treated by point of entry systems.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A1489 Detail]
Download: New_Jersey-2010-A1489-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Salem, Cumberland and Gloucester)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
SYNOPSIS
Requires certain notifications upon sale of property where private well is treated by point of entry system.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain private wells, and supplementing P.L.2001, c.40 (C.58:12A-26 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Every contract of sale of real property where the potable water supply is a private well located on the property that is treated by a point of entry treatment system the cost for which a claim has been submitted to the New Jersey Spill Compensation Fund pursuant to P.L.1976, c.141 (C.58:10-23.11 et seq.), shall include a provision requiring, as a condition of sale, notification of the administrator of the fund at the Department of Environmental Protection of the change in ownership of the property.
b. Closing of title on the sale of the real property shall not occur unless both the buyer and the seller have received and reviewed a copy of the notification provided to the Department of Environmental Protection. At closing, the buyer and seller both shall certify in writing that they have received and reviewed the notification.
c. The seller shall provide the buyer with the name of the installer of the point of entry treatment system, and the future monitoring and maintenance requirements of the system. Closing of title on the sale of the property shall not occur unless the seller has provided the buyer with this information and the buyer has certified that the information has been provided by the seller.
2. Whenever the administrator of the New Jersey Spill Compensation Fund at the Department of Environmental Protection is notified of a change in ownership of real property pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the administrator shall notify the buyer of the real property that the buyer may submit a claim to the fund for payment of the ongoing monitoring and maintenance costs of the point of entry treatment system.
3. This act shall take effect on the 30th day after the date of enactment.
STATEMENT
This bill would require that every contract of sale of real property where the potable water supply is a private well located on the property that is treated by a point of entry treatment system the cost for which a claim has been submitted to the New Jersey Spill Compensation Fund, must include a provision requiring, as a condition of sale, notification of the administrator of the fund at the Department of Environmental Protection (DEP) of the change in ownership of the property. The bill would also require the seller to provide the buyer with the name of the system's installer, and the future monitoring and maintenance requirements. The bill provides that closing of title on the sale of the real property may not occur unless (1) both the buyer and the seller have received and reviewed a copy of the notification provided to the DEP, and (2) the seller has provided the buyer with the name of the installer of the point of entry treatment system and the future monitoring and maintenance requirements of the system.
The bill would further require the administrator of the Spill Compensation Fund at the DEP who has been notified of a change in ownership of real property pursuant to section 1 of the bill to notify the buyer of the real property that the buyer may submit a claim to the fund for payment of the ongoing monitoring and maintenance costs of the point of entry treatment system.
