NJ Water Utility Is Exposing People To Diarrhea Risk, Lawsuit Claims

A public drinking water supplier in North Jersey is facing a lawsuit over allegations that it is creating a health risk for 800,000 people by leaving three of its reservoirs uncovered and vulnerable to diarrhea-causing pathogens.

The U.S. Department of Justice and the New Jersey Office of the Attorney General filed a joint lawsuit against the Passaic Valley Water Commission (PVWC) on Aug. 12.

The PVWC serves residents of Paterson, Clifton, Passaic, Prospect Park, Lodi, North Arlington and a section of Woodland Park. It also serves 22 other towns, cities and private water companies in Bergen, Essex, Hudson, Morris and Passaic counties.

The commission operates three “open-air” reservoirs, where undelivered water is stored after it has been treated: the Levine Reservoir in Paterson, and the Great Notch and New Street reservoirs in Woodland Park.

Officials say open reservoirs can be contaminated by stormwater, animal waste and other pollutants. Those pollutants can carry parasites such as Cryptosporidium and Giardia, which can cause diarrhea and other illnesses.

The lawsuit says the New Street reservoir was contaminated with stormwater runoff from flooding during Hurricane Ida in 2021, leading to a boil water advisory that impacted 230,000 people in four cities for 43 days.

The commission has faced pressure to cover the reservoirs since 2009, when it entered into a consent order with the New Jersey Department of Environmental Protection. The lawsuit seeks to force the commission to finish the job or treat the water in compliance with the federal Safe Drinking Water Act.

According to the commission’s website, it has already begun a $40 million, federally mandated project to close the 20-million-gallon Levine Reservoir and replace it with secure, enclosed water tanks.

The New Jersey Monitor posted a copy of the lawsuit, which can be seen online here.

Jeff Tittel, the former director of the New Jersey Sierra Club, described the situation as a “comedy of errors,” blaming both the PVWC and state environmental officials for dragging their feet.

“A consent order is not supposed to be a permission slip for delay – it is supposed to be a mandate for action,” Tittel said.

“At some point, we have to ask how many chances a utility gets before enforcement actually means enforcement,” he added.

Patch reached out to the Passaic Valley Water Commission seeking comment about the lawsuit. We will update this article with any reply we receive.

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