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DOJ Lodges Consent Decree Against Passaic Valley Water Commission Over Reservoir Violations

The Justice Department has filed a proposed settlement requiring New Jersey's Passaic Valley Water Commission to pay $132,500 and come into compliance with federal drinking water rules governing uncovered reservoirs.

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On August 12, 2026, the Department of Justice lodged a proposed Consent 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 Alleged Violations

The proposed Consent Decree resolves alleged violations of Section 141.714 of the Long Term 2 Enhanced Surface Water Treatment Rule (the "LT2 Rule"), codified at 40 CFR 141.714, which was promulgated under Section 1412 of the Safe Drinking Water Act, 42 U.S.C. 300g-1. According to the notice, the alleged violations pertain specifically to the obligation of the Passaic Valley Water Commission (PVWC) to either cover the Great Notch, Levine, and New Street Reservoirs, or to treat water discharged from those reservoirs before it reaches human consumption.

Terms of the Proposed Decree

Under the proposed settlement, PVWC is required to pay a civil penalty of $132,500 to the United States. Beyond the financial penalty, the Decree establishes a compliance schedule under which PVWC must undertake feasibility studies and implement selected compliance projects to bring the commission into full compliance with the LT2 Rule and the Safe Drinking Water Act. The notice further states that PVWC must implement interim measures to protect human health and the environment until full compliance is achieved.

Public Comment Period

Publication of the notice in the Federal Register on August 14, 2026 opened a 30-day public comment period. All comments must be submitted no later than thirty days after that publication date, addressed to the Assistant Attorney General, Environment and Natural Resources Division, referencing D.J. Ref. No. 90-5-1-1-12573/1. Comments may be submitted by email or by mail to the ENRD at P.O. Box 7611, Washington, DC 20044-7611. The notice advises that any comments submitted in writing may be filed in whole or in part on the public court docket without notice to the commenter. The proposed Consent Decree may be examined and downloaded at the Justice Department's website at https://www.justice.gov/enrd/consent-decrees during the comment period.

What to Watch

  • Comment deadline: Thirty days after August 14, 2026 — the date of publication in the Federal Register.
  • Compliance milestones: The Decree's schedule for feasibility studies and implementation of compliance projects at the Great Notch, Levine, and New Street Reservoirs will govern PVWC's path to full LT2 Rule compliance.

Related

Sources

14 cited

Every hard fact above is grounded in and cited to a primary source record.

  1. The lawsuit is entitled United States, et al. v. Passaic Valley Water Commission, Civil Action No. 2:26-cv-10199.

    federalregister.gov

  2. 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.

    federalregister.gov

  3. The LT2 Rule was promulgated under Section 1412 of the Safe Drinking Water Act, 42 U.S.C. 300g-1.

    federalregister.gov

  4. The proposed Consent Decree requires PVWC to pay a civil penalty of $132,500 to the United States.

    federalregister.gov

  5. The Decree 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.

    federalregister.gov

  6. PVWC must implement interim measures to protect human health and the environment until full compliance is achieved.

    federalregister.gov

  7. The notice was published in the Federal Register on August 14, 2026.

    federalregister.gov

  8. All comments must be submitted no later than thirty days after the publication date of the notice.

    federalregister.gov

  9. Comments should refer to D.J. Ref. No. 90-5-1-1-12573/1.

    federalregister.gov

  10. Comments may be submitted by mail to the Assistant Attorney General, U.S. DOJ–ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    federalregister.gov

  11. Any comments submitted in writing may be filed in whole or in part on the public court docket without notice to the commenter.

    federalregister.gov

  12. The proposed Consent Decree may be examined and downloaded at https://www.justice.gov/enrd/consent-decrees during the public comment period.

    federalregister.gov

  13. On August 12, 2026, the Department of Justice lodged a Consent Decree with the United States District Court for the District of New Jersey.

    federalregister.gov

  14. The alleged violations pertain to the obligation of PVWC to cover the Great Notch, Levine, and New Street Reservoirs or to treat water discharged from these reservoirs before human consumption.

    federalregister.gov

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