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Lawsuit says 3 uncovered New Jersey reservoirs left 800,000 drinking water customers at risk

Residents could be exposed to pathogens including cryptosporidium and Giardia lamblia.

A river flowing past a bridge with trees and a small waterfall in the background under a cloudy sky.

Photo Credit: iStock

Hundreds of thousands of North Jersey residents could soon see major changes in how their drinking water is stored after state and federal officials sued a public water system over reservoirs they say have been vulnerable to contamination since at least early 2009.

The lawsuit targets the Passaic Valley Water Commission, which supplies water to about 800,000 people and 22 wholesale customers across several counties.

Here's what to know

Federal prosecutors and the New Jersey Attorney General's Office sued the Passaic Valley Water Commission on Aug. 12, 2026, alleging violations of the Safe Drinking Water Act, the New Jersey Monitor reported.

The dispute focuses on three uncovered reservoirs that hold treated water from the Little Falls Water Treatment Plant before it reaches customers: Great Notch, Levine, and New Street. The lawsuit says leaving those reservoirs open makes the water vulnerable to stormwater runoff, animal waste, and other contaminants.

The complaint says the commission has been out of compliance since at least early 2009 and previously entered into a consent order with the state Department of Environmental Protection that set out a phased remedy.

The system's customers include residents of Paterson, Clifton, Passaic, Prospect Park, Lodi, North Arlington, and Woodland Park.

More background

The water at issue had already been treated and was considered ready to drink before it was stored in uncovered reservoirs farther along in the system.

The filing ties those open reservoirs to repeated stormwater contamination, elevated lead levels, and the six-week advisory that followed Hurricane Ida flooding in 2021.

The complaint also says residents could be exposed to pathogens including cryptosporidium and Giardia lamblia, both associated with diarrhea and other gastrointestinal illness.

What's being done?

The governments want a court order forcing the commission either to cover the three reservoirs or to add treatment so the water complies with federal safety standards. Attorneys for the government are also asking a judge to require public notice, mandate unspecified public health protections, and impose daily penalties for noncompliance.

If the court sides with the state and federal government, the case could force long-delayed upgrades for a water system serving nearly a million people.

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