Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New Jersey Adopts Strict New Drinking Water Standards

Author: Daniel T. McKillop

Date: August 13, 2020

Key Contacts

Back

NJDEP has adopted new drinking water standards that set strict limits on perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS)…

New Jersey Adopts Strict New Drinking Water Standards

The New Jersey Department of Environmental Protection (NJDEP) has adopted new drinking water standards that set strict limits on perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). The maximum contaminant levels (MCLs) are 14 parts per trillion for PFOA and 13 parts per trillion for PFOS. 

The NJDEP’s new regulations also add the chemicals to New Jersey’s list of hazardous substances and set these levels as Ground Water Quality Standards for the purposes of site remediation activities and regulated discharges to groundwater. Accordingly, sites undergoing remediation must now determine whether PFOA and PFOS have been discharged at the site and have impacted ground water. If so, remediation activities must meet the standards established in the Rule.

“Safe drinking water is a top priority for the Murphy Administration,” NJDEP Commissioner Catherine R. McCabe said in a press statement. “With the adoption of these standards, New Jersey continues to lead the nation in protecting public health and the environment from these chemicals, which have been detected at varying levels across the state. New Jersey’s water systems have worked voluntarily and productively with us over the years, taking steps to protect the public when these chemicals have been detected. By adopting formal standards, we are putting in place a clear regulatory framework that will ensure consistency in monitoring, public notification and treatment across the state.”

Regulation of PFAS

PFOA and PFOS are part of a larger class of substances referred to as per- and polyfluoroalkyl substances (PFAS). The substances are known as “forever chemicals” because it takes so long for them to break down. The chemicals, which were formerly used in non-stick products, firefighting foam, and food packaging, have also been linked to a number of health conditions, including cancer and low birth weight.

As discussed in greater detail in a prior article, U.S. manufacturers have largely stopped using PFAS in favor of shorter-chain replacements, which are generally less bioaccumulative and potentially less toxic. However, prior discharges have resulted in very high levels of the chemicals in many public and private water systems, including those in New Jersey.

In the absence of federal drinking water standards for PFAS, states like New Jersey have taken action to fill the void. In 2018, the NJDEP was the first in the country to establish an MCL for another PFAS, perfluorononanoic acid (PFNA). Last year, the NJDEP issued a Directive ordering several companies to pay for the investigation and remediation of  PFAS-contamination.

Amendments to NJ Environmental Regulations

The NJDEP’s rule enactment makes changes to the Discharge of Petroleum and Other Hazardous Substance rules (N.J.A.C. 7:1E), Ground Water Quality Standards (N.J.A.C. 7:9C), Private Well Testing Act rules (N.J.A.C. 7:9E), Safe Drinking Water Act rules (N.J.A.C. 7:10), and New Jersey Pollutant Discharge Elimination System rules (N.J.A.C. 7:14A). Specific rule amendments include the following:

  • The NJDEP has amended the List of Hazardous Substances in the Discharges of Petroleum and Other Hazardous Substances rules to include the acidic and anionic forms of PFOA and PFOS and their salts and esters.
  • The NJDEP has amended the Ground Water Quality Standards to establish a specific ground water quality standard for PFOA of 0.014 micrograms per liter (µg/l) and a specific ground water quality standard for PFOS of 0.013 µg/l.
  • The NJDEP has amended the Private Well Testing Act rules to require testing of private wells subject to sale or lease for perfluorononanoic acid (PFNA), PFOA, and PFOS and to require testing of newly constructed wells for public noncommunity water systems and nonpublic water systems for PFNA, PFOA, and PFOS.
  • The NJDEP has amended the New Jersey Safe Drinking Water Act rules to establish an MCL for PFOA of 0.014 µg/l and an MCL for PFOS of 0.013 µg/l. The amendments also include monitoring requirements for PFOA and PFOS for public community and public nontransient noncommunity water systems. 
  • The NJDEP has amended the New Jersey Pollutant Discharge Elimination System rules by adding PFNA, PFOA, and PFOS to the Permit Application Testing Requirements/Pollutant Listings and the Requirements for Discharges to Ground Water.

What’s Next?

The NJDEP’s new rules took effect on June 1, 2020. Accordingly, the newly adopted ground water quality standards/ground water remediation standards for PFOA and PFOS should be considered when addressing ground water remediation projects in New Jersey. For compliance assistance in this rapidly developing area, we encourage entities to contact a member of the Scarinci Hollenbeck Environmental Law Group.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING four litigators post image

Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING four litigators

NYC Real Estate and Litigation Attorney Ryan O. Miller and Team Join Scarinci Hollenbeck, LLC New York City, NY – August 13, 2025 – Scarinci Hollenbeck, LLC has strengthened its Real Estate and Litigation practices with the addition of four New York City-based attorneys. Ryan Miller, who joins as a partner, is well known for […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Expands NYC Real Estate and Litigation Practices ADDING four litigators"
What is Business Law and Why Is it Important? post image

What is Business Law and Why Is it Important?

Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]

Author: Dan Brecher

Link to post with title - "What is Business Law and Why Is it Important?"
Corporate Transactions: Best Practices for Successful Deals post image

Corporate Transactions: Best Practices for Successful Deals

Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]

Author: Dan Brecher

Link to post with title - "Corporate Transactions: Best Practices for Successful Deals"
How to Conduct a Fair and Legal Employee Termination in 2025 post image

How to Conduct a Fair and Legal Employee Termination in 2025

Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]

Author: Angela A. Turiano

Link to post with title - "How to Conduct a Fair and Legal Employee Termination in 2025"
Admin Dissolution for Annual Report: What You Need to Know post image

Admin Dissolution for Annual Report: What You Need to Know

While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]

Author: Dan Brecher

Link to post with title - "Admin Dissolution for Annual Report: What You Need to Know"
What Is Antitrust Litigation Law? post image

What Is Antitrust Litigation Law?

Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]

Author: Robert E. Levy

Link to post with title - "What Is Antitrust Litigation Law?"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!