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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
Well Water and Septic Systems
Stuart Lieberman, Esq.,

If I had my choice I would own a home with public water and public sewers.

Its easier this way - all you have to do is to pay the monthly service bills. No worries about failing septic systems, poor water quality - or worse yet, a septic system with effluent overflowing into the well water supply.

Many people do not have that choice. While public water and sewer services have existed for centuries in our cities and in many suburban areas, these amenities are often not available in rural areas and in other places with very large lot sizes.

The reason is simple: it cost a lot of money to install the necessary infra -structure and to pay operating costs. While densely developed areas can finance these costs, less densely populated areas have fewer homes and therefore cannot foot the bill. So they are left with well water and septic systems.

Before purchasing a home with a well or a septic system, be sure to have qualified experts test both. This may very well mean hiring two different people.

Once you purchase the house, your options will be limited. If there are well water of septic problems, you want to know before you close, not after you close.

If there are problems, you do not necessarily have to walk away from the deal. Sometimes a new well that is deeper, or in a different location, can fix the problem. Sometimes the problem will be cured with filtration devices or water treatment.

In the case of a failing septic system, it is possible that the system can be either repaired or rebuilt.

But not every problem can be readily cured. Some areas are so polluted that the water is barely drinkable. Even water treatment and filtration may not be enough. Do you really want that home?

And some septic failures cannot be easily fixed. Some properties have poor soils that do not easily accommodate conventional septic systems. Alternatives may or may not exist in those cases.

Some water supplies may be impacted by neighboring sources, such as a leaking gasoline station or a nearby farm. While cures may be available, they may require costly litigation.

Do you want to buy a home or a lawsuit?

When these issues arise, be sure to seek out competent technical and legal advice. The time to clearly understand these issues and options is before you buy the house, not afterwards. And these are not trivial issues. We all need to drink and flush.

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The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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