S4119

An Act concerning underground water distribution infrastructure inspections and amending P.L.2017, c.133 and P.L.2021, c.262.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.2017, c.133 (C.58:31-3) is amended to read as follows:

3. a. Each water purveyor shall inspect each valve in its public community water system in accordance with the provisions of subsection b. of this section in order to determine (1) accessibility of the valve for operational purposes, and (2) the valve's operating condition. A water purveyor shall repair or replace any valve found to be broken or otherwise not operational.

b. Each water purveyor shall inspect each valve that is 12 or more inches in diameter at least once every four years, and shall inspect all other valves at least once every eight years, except that the requirements of this subsection shall not apply to any service connection valve or customer shut-off valve. At a minimum, each valve inspection conducted pursuant to this subsection shall include:

(1) clearing of the area around the valve to ensure full access to the valve for operating purposes;

(2) cleaning out of the valve box;

(3) dynamic testing of the valve, by opening and then closing the valve for either of the following number of turns:

(a) the number of turns recommended by the valve manufacturer to constitute a credible test; or

(b) the number of turns which constitutes 15 percent of the total number of turns necessary to completely open or completely close the valve ; and

(4) complying with any other criteria as may be required by the department pursuant to rules and regulations adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

c. (1) Each water purveyor shall, once a year, test every fire hydrant in its system in order to determine the hydrant's working condition.

(2) Each water purveyor shall formulate and implement a plan for flushing every fire hydrant in the public community water system, and every dead end of a main in the public community water system. This plan for flushing may be combined with the periodic testing of fire hydrants required pursuant to paragraph (1) of this subsection.

d. Each water purveyor shall keep a record of all inspections, tests, and flushings conducted pursuant to this section for a period of at least 12 years.

e. Each water purveyor that owns, solely or jointly, a fire hydrant shall mark each hydrant with the initials of its name, abbreviation of its name, corporate symbol, or other distinguishing mark or code by which ownership may be readily and definitely ascertained. Each fire hydrant shall be marked with a number or symbol, or both, by which the location of the hydrant may be determined on the water purveyor's office records. The markings may be made with a soft metal plate, plastic, or another durable material, and shall be of such size and so spaced and maintained as to be easily read.

f. Each water purveyor shall identify, to the extent possible, the geographic location of each valve and fire hydrant in its public community water system using a global positioning system based on satellite or other location technology.

g. Each water purveyor shall inspect underground water distribution infrastructure in its public community water system at least once every five years, or every two years on iron or galvanized infrastructure or infrastructure 30 years or older, using techniques determined by the department. These techniques shall include, but not be limited to, acoustical leak detection, visual and physical inspection of underground water distribution infrastructure, analytical tracking, and isolating water loss. In areas where water loss is known and leak detection and visual and physical inspection of the underground water distribution infrastructure yielded no sources of water loss, a water purveyor shall verify soil conditions along their water distribution system for anomalies through ground penetrating radar or other subsurface geological conditions investigation. In addition to soil condition observations, a water purveyor shall undertake and verify through customer-side water pressure surveillance and feedback to identify areas of water loss. In areas prone to sink holes due to karst of similar formations, a water purveyor shall implement an active water loss monitoring and reporting system that shall result in physical investigation of the water distribution system in isolated areas. A water purveyor shall immediately repair or replace any underground water distribution infrastructure found to be weakened or in danger of collapse.

(cf: P.L.2021, c.262, s.12).

2. Section 8 of P.L.2021, c.262 (C.58:31-9) is amended to read as follows:

8. a. Any person who violates the provisions of P.L.2017, c.133 (C.58:31-1 et seq.), or any rule or regulation adopted pursuant thereto, shall be subject to the penalties and other remedies set forth in section 10 of P.L.1977, c.224 (C.58:12A-10). No later than 18 months after the effective date of P.L.2021, c.262 (C.58:31-4.1 et al.), the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a schedule of civil administrative penalties to be applied pursuant to this section for specific violations of P.L.2017, c.133 (C.58:31-1 et seq.).

b. In addition to the penalties provided in subsection a. of this section, a water purveyor shall be liable for any property damage a homeowner or business incurs as a result of an underground water distribution infrastructure failure that occurs due to a failure to inspect that infrastructure pursuant to subsection g. of section 3 of P.L.2017, c.133 (C.58:31-3).

(cf: P.L.2021, c.262, s.8)

3. This act shall take effect immediately.

STATEMENT

This bill requires water purveyors to inspect underground water distribution infrastructure in its public community water system at least once every five years, or every two years on iron or galvanized infrastructure or infrastructure 30 years or older, using techniques determined by the Department of Environmental Protection. These techniques are to include, but not be limited to, acoustical leak detection, visual and physical inspection of underground water distribution infrastructure, analytical tracking, and isolating water loss. In areas where water loss is known and leak detection and visual and physical inspection of the underground water distribution infrastructure yielded no sources of water loss, a water purveyor is to verify soil conditions along their water distribution system for anomalies through ground penetrating radar or other subsurface geological conditions investigation. In addition to soil condition observations, a water purveyor is to undertake and verify through customer-side water pressure surveillance and feedback to identify areas of water loss. In areas prone to sink holes due to karst of similar formations, a water purveyor is to implement an active water loss monitoring and reporting system that is to result in physical investigation of the water distribution system in isolated areas. A water purveyor is to immediately repair or replace any underground water distribution infrastructure found to be weakened or in danger of collapse.

The bill provides that a water purveyor is to be liable for any property damage a homeowner or business incurs as a result of an underground water distribution infrastructure failure that occurs due to a failure to inspect that infrastructure pursuant to the bill.