Notice of Lodging of Proposed Consent Decree Under the Safe Drinking Water Act

On August 12, 2026, the Department of Justice lodged a Consent Decree (“Decree”) with the United States District Court for the District of New Jersey in the lawsuit entitled United States, et. al. v. Passaic Valley Water Commission, Civil Action No. 2:26-cv-10199.

The proposed Consent Decree resolves alleged violations of Section 141.714 of the Long Term 2 Enhanced Surface Water Treatment Rule (“LT2 Rule”), 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 Passaic Valley Water Commission (“PVWC”) 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 PVWC to pay a civil penalty of $132,500 to the United States. It also establishes a schedule for PVWC to come into compliance with LT2 and the Safe Drinking Water Act by undertaking feasibility studies and implementation of selected compliance projects. PVWC must also implement interim measures to protect human health and the environment until full compliance is achieved.

The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States, et. al. v. Passaic Valley Commission, D.J. Ref. No. 90-5-1-1-12573/1. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

Any comments submitted in writing may be filed in whole or in part on the public court docket without notice to the commenter. During the public comment period the proposed Consent Decree may be examined and downloaded at this Justice Department website: www.justice.gov/​enrd/​consent-decrees. If you require assistance accessing the proposed modification, you may request assistance by email or by mail to the addresses provided above for submitting comments.