New Jersey § 58:12a-4

§ 58:12a-4.

a. The commissioner shall prepare, promulgate and enforce and may amend or repeal: (1) State primary drinking water regulations that at any given time shall be no less

stringent than national regulations in effect at that time; (2) State secondary drinking water regulations; and (3) other regulations to protect potable waters, regulate public and nonpublic water

systems, and carry out the intent of the provisions of P.L.1977, c. 224 ( C.58:12A-1 et seq. ) in any one or more areas of the State requiring a particular safe drinking water

program. b. Subject to section 5 of P.L.1977, c. 224 ( C.58:12A-5 ) , State primary drinking water regulations shall apply to each public water system

in the State, except that such regulations shall not apply to a public water system: (1) Which consists only of distribution and storage facilities and which does not

have any collection and treatment facilities; (2) Which obtains all of its water from, but is not owned or operated by, a public

water system to which such regulations apply; (3) Which does not sell water to any person; and (4) Which does not provide water for potable purposes to any carrier which conveys

passengers in interstate commerce. c. The commissioner shall adopt and implement adequate procedures, promulgate appropriate

rules and regulations, and issue such orders as are necessary for the enforcement

of State primary drinking water regulations and for the provision of potable water

of adequate volume and pressure; such regulations and procedures to include but not

be limited to: (1) Monitoring and inspection procedures; (2) Maintenance of an inventory of public water systems in the State; (3) A systematic program for conducting sanitary surveys of public water systems throughout

the State or in a part thereof, whenever the commissioner determines that such surveys

are necessary or advisable; (4) The establishment and maintenance of a program for the certification of laboratories

conducting analytic measurements of drinking water contaminants specified in the State

primary and secondary drinking water regulations; and the assurance of the availability

to the department of laboratory facilities certified by the administrator and capable

of performing analytic measurements of all contaminant specified in the State primary

and secondary drinking water regulations; (5) The establishment and maintenance of programs concerning plans and specifications

for the design, construction and operation of water systems, which programs: (a) require all such plans and specifications to be first approved by the department

before any work thereunder shall be commenced; (b) assure that all new public water systems have adequate technical, managerial and financial capacity

to comply with the provisions of the “Safe Drinking Water Act,” P.L.1977, c. 224 ( C.58:12A-1 et seq. ), and all regulations promulgated by the department pursuant to that act prior to

approval of such systems to distribute water for potable purposes; (c) assure that all water systems will comply with any rules and regulations of the department; and (d) assure and certify compliance with the State primary drinking water regulations or

such requirements of the State secondary drinking water regulations as the commissioner

deems applicable, and will deliver water with sufficient quality, volume and pressure

to the users of such systems. d. The commissioner shall keep such records and make such reports with respect to the duties, powers and responsibilities of the commissioner under subsections a. and c. of this section as may be required by regulations established

by the administrator pursuant to the federal act. e. The commissioner may require any public water system to install, use, and maintain

such monitoring equipment and methods, to perform such sampling, to maintain and retain

such records of information from monitoring and sampling activities, to submit such

reports of monitoring and sampling results, and to provide such other information

as he may require to assist in the establishment of regulations under the provisions of P.L.1977, c. 224 ( C.58:12A-1 et seq. ) , or to determine compliance or noncompliance with the provisions of P.L.1977, c. 224 ( C.58:12A-1 et seq. ) or with regulations promulgated pursuant to the provisions of P.L.1977, c. 224 ( C.58:12A-1 et seq. ) . f. The commissioner shall have the right to enter any premises upon presentation of

appropriate credentials during regular business hours, in order to test, inspect or

sample any feature of a public water system, and in order to inspect, copy or photograph

any monitoring equipment or records required to be kept under provisions of P.L.1977, c. 224 ( C.58:12A-1 et seq. ) . g. (Deleted by amendment, P.L.1999, c. 176 ).