Water Reservoirs Face Decades-Long Fix Deadline

Federal and state regulators have initiated legal action against the Passaic Valley Water Commission, citing long-standing violations involving three uncovered drinking water reservoirs. The lawsuit, filed in August 2026, accompanies a proposed settlement allowing the commission until October 1, 2054, to achieve compliance for two of these facilities.

The commission, serving approximately 800,000 people across Passaic, Bergen, Essex, Hudson, and Morris counties, was accused of violating drinking water rules that became effective in 2009. As part of the proposed agreement, a civil penalty of $132,500 is stipulated, with ongoing replacement of the Stanley M. Levine Reservoir scheduled for completion by May 27, 2027.

The settlement, negotiated before the lawsuit filing, requires a public comment period before judicial approval. If approved, it sets deadlines for producing compliance plans for the New Street and Great Notch reservoirs by May 1, 2028, with these projects to be operational by October 2054.

Federal regulations from 2006 mandated public water systems to cover open reservoirs or add treatment steps to prevent contamination from sources like viruses, Giardia, and Cryptosporidium. The uncovered reservoirs have also posed challenges in responding to lead contamination and have been vulnerable to events like Hurricane Ida, which caused a 43-day boil-water advisory affecting 230,000 residents in September 2021.

Construction is underway at the Levine Reservoir, with a contract awarded in July 2024. The settlement also mandates interim protections, including microbial action and reservoir management plans, within 30 days of the agreement taking effect, alongside public notification and transparency regarding sampling results and construction delays.