EPA v. Passaic Valley Water Commission

Case summary

Requesting initiation of an independent enforcement action against the Defendant pursuant to Section 1414(b) of the Safe Drinking Water Act, 42 U.S.C. 300g-3(b) for claims that EPA previously referred against the Defendant and the City of Newark, New Jersey as joint Defendants. Supplemental referral signed on March 18, 2024, to modify the scope of the 2023 Referral to include New Street and possibly Levine Reservoirs in ongoing CD discussions with the Defendant to bring Great Notch Reservoir into compliance with the SDWA. The proposed Consent Decree, lodged on August 12, 2026, resolves alleged violations of Section 141.714 of the Long Term 2 Enhanced Surface Water Treatment Rule (LT2Rule), 40 CFR 141.714, promulgated under Section 1412 of the Safe Drinking Water Act, 42 U.S.C. 300g�1. The alleged violations of the LT2 Rule pertain to the obligation of Defendant to cover the Great Notch, Levine, and New Street Reservoirs or to treat water discharged from these reservoirs before human consumption. The proposed Consent Decree requires Defendant to pay a civil penalty of $132,500. It also establishes a schedule for Defendant to come into compliance with LT2 and the Safe Drinking Water Act by undertaking feasibility studies and implementation of selected compliance projects. Defendant must also implement interim measures to protect human health and the environment until full compliance is achieved.

Defendants (1)

• Passaic Valley Water CommissionNamed in complaintNamed in settlement

Facilities (1)

• PASSAIC VALLEY WATER COMMISSION

  1525 MAIN AVENUE, CLIFTON, NJ, 07011

  Registry ID: 110044220321

Statutes cited

• SDWA 1412/1414 — National Drinking Water Regulations

Enforcement conclusions (1)

• Passaic Valley Water Commission

  Primary law: SDWA

Timeline (5 milestones)

• 2023-05-04Referred To Dept Of Justice
• 2023-05-05Enforcement Action Data Entered
• 2024-03-18Supplemental Referral-Other
• 2026-08-12Complaint Filed With Court
• 2026-08-12Final Order Lodged