You aren’t taking water problems seriously so we’re suing, state tells Trenton

Trenton Water Works

File photo of the Trenton Water Works building in TrentonMichael Mancuso / The Times of Trenton

New Jersey has seen enough.

For years, the state Department of Environmental Protection has been pressuring Trenton to make major investments in the Trenton Water Works — the 200-year-old water utility that is owned by the city and serves about 217,000 people in the Capital City, Hamilton, Lawrence, Ewing and Hopewell Township.

Now, weeks after city leaders again rejected millions of dollars in bonds to make such improvements, the DEP is done waiting.

On Friday, DEP Commissioner Catherine McCabe sent a letter to Trenton Mayor Reed Gusciora and Trenton City Council President Kathy McBride notifying them that the department intended to sue the city.

“Ensuring safe and reliable drinking water is a critical public health priority, and it is imperative that the City’s recent progress toward meeting its obligations not be lost,” McCabe wrote in her letter. “While DEP must now take the unfortunate step of seeking judicial intervention, we also recognize that Mayor Gusciora has proposed appropriate actions to enable TWW to make the necessary improvements to its water supply system. The City Council’s refusal to provide the necessary financial support to achieve these legally required public health obligations simply leaves us no other choice.”

McCabe said that until recently, DEP had been encouraged by signs of progress at Trenton Water Works. She was impressed by a $405 million capital plan for the water system brought forward by the mayor, and she said she was glad to see the city pass its first rate increase in more than 10 years.

That optimistic mood changed earlier this month. McCabe specifically cited the council’s decision on May 7 to reject more than $83 million in bonds for proposed improvements to the water system. That money — which would’ve funded work to replace the outdated Pennington Reservoir, modernize the utility’s water meters and make upgrades to Trenton Water Works facilities — won a simple majority with 4-3 votes. But that wasn’t enough, as bonding ordinances require a five vote supermajority to pass.

McBride, as well as West Ward Councilwoman Robin Vaughn and Councilman-at-Large Santiago Rodriguez, were the three no votes. McBride did not respond to requests for comment from NJ Advance Media.

“The Council’s unreasonable action has left DEP no choice but to seek judicial intervention to help ensure that the City will comply with the requirements of...the Safe Drinking Water Act," McCabe wrote. "Regrettably, DEP has requested that the Attorney General take appropriate action before the courts.”

Gusciora, in a text to NJ Advance Media on Friday, said that the blame for this situation sits squarely with the city council, for its failure to approve the requested funding for Trenton Water Works. He warned that the coming legal action could eventually result in the city losing control of Trenton Water Works.

“Through Council’s inaction they were able to accomplish what Chris Christie attempted and that was to move closer to privatize our water department,” Gusciora said. “DEP had to look out for our [more than] 200,000 water customers.”

Gusciora added that he believes DEP’s ultimate goal is to have a special master with the power to make decisions for Trenton Water Works appointed by a judge.

DEP did not address Gusciora’s special master claim.

Jeff Martin, the mayor of Hamilton, applauded DEP’s actions as necessary to protecting the health of all Trenton Water Works customers.

“Legal action is a necessary but unfortunate step to take," Martin said in a statement on Friday. "We will join, and work with, DEP in its legal action and will not stop fighting until we are satisfied that all necessary steps are taken.”

Trenton Water Works is currently under two administrative consent orders from the DEP.

The first order deals with the water system’s recent lead problems. In three of the four six-month monitoring periods in 2017 and 2018, Trenton Water Works was found to have lead levels that exceeded federal standards. Because of that, the utility was required to adjust its water treatment techniques and to begin replacing thousands of lead service lines in its system.

MORE: See our comic that draws out how lead got into drinking water across N.J.

Lead service lines are at the heart of lead problems in Trenton and across New Jersey. The garden-hose-sized pipes connect individual properties to the water main that runs under the street. If water is not treated properly at the plant, it can become corrosive and eat away at the lead pipes as it flows through them.

Trenton Water Works began using a new corrosion control treatment last year to address this issue. In January, the utility began replacing 36,000 lead service lines in the water system. The replacement work is expected to cost $150 million and take five years. Trenton Water Works initially had $15 million available for the project, though the Trenton council approved another $25 million at the May 7 meeting.

Trenton was fined $13,000 by the DEP in 2018 for delays in dealing with the lead service lines.

The DEP’s second order demands that Trenton replace the outdated Pennington Reservoir. Trenton Water Works has developed a plan to construct a network of storage tanks throughout its system, in order to store the same amount of water as the single reservoir, but in a manner that is more resilient should problems arise.

Read more of NJ.com’s coverage of New Jersey water issues here.

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Michael Sol Warren may be reached at mwarren@njadvancemedia.com.

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