Sept 2023

LEAD, WATER & FLOOD... from page 20.

Under the recent changes to the law, water companies must replace not only their portion of the lead service lines but also those parts owned by the property owners. When a water company identifies a lead service line, it must send a comprehensive notification to its customers. Pursuant to N.J.S.A. § 58:12A43, owners and oper ators must adhere to certain steps upon receipt of such notice. After receipt of such a notification, owners and operators must: (1) provide a hard copy of the notice to each existing resi dent of the building. (2) post a copy of the notice in a conspicuous location in a common area of the dwelling. This notice must remain posted until all the lead service lines have been replaced and confirmed to be non-lead service lines. (3) prior to residency, inform each new resident about the existence of the lead service line and provide a hard copy of the received notice upon the commencement of their residence. From a legal perspective, these changes necessitate a

certain condominium associations, for example). While, in such a case, the association is not acting as a landlord, it should still notify the affected unit owners if it receives an

applicable notification from the water company. Notification of Lead in Service Lines

The Legislature recently passed N.J. S. 3398/A. 5343 (2021); this bill amended N.J.S.A. §§ 58:12A40 to 47. This law compels water companies to inventory and replace all lead service lines within ten years (or fifteen years under certain circumstances). Condominiums and community associations operating in New Jersey must understand the potential ramifications of these amendments. This law, in particular, applies not just to landlords but to “the owner or operator of an apartment building, group home, or other multi-family or multi-unit dwelling.” In the context of the larger Safe Drinking Water Act, these terms may encompass condominiums.

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SEPTEMBER 2023