Village Awaiting Response by East Orange Water Commission

On March 25, 2011, the NJDEP issued a revised Notice of Non-Compliance to the East Orange Water Commission (EOWC), the supplier and operator of South Orange’s water supply.  This Notice of Non-Compliance superseded the February 25, 2011 Notice of Non-Compliance, in which the NJDEP cited the EOWC for exceeding one volatile organic compound (VOC), tetrachloroethylene, during the first quarter of 2011, and for failing to comply with the requirement that the EOWC report to the NJDEP’s Bureau of Safe Drinking Water Implementation the VOC exceedance within 48 hours of becoming aware of it. 

The March 25, 2011 Notice of Non-Compliance addresses the same VOC exceedance, for the same calendar quarter, as the February 25, 2011 Notice of Non-Compliance, but was based on updated information.  While the February 25, 2011 Notice reflected a running annual average of 1.67 µg/L (micro-gram per liter) for tetrachloroethylene, the March 25, 2011 Notice reflects a running annual average of 1.54 µg/L, based on updated sampling results.  NJDEP regulations require that the running annual average for tetrachloroethylene, as calculated for a calendar quarter, not exceed the NJDEP’s maximum concentration limit (“MCL”) of 1 µg/L, equivalent to 1 part per billion.    

According to the NJDEP, this violation does not pose any immediate health risks and customers do not need to use alternatives, such as bottled water, boiling drinking water, or taking other corrective measures.  If EOWC takes appropriate actions to reduce the concentration and maintains it below the MCL, there would not appear to be adverse health impacts from the current MCL levels.

EOWC is required to circulate public notification of this violation to all water customers within 30 days of its receipt of the Notice of Non-Compliance. According to the NJDEP records, EOWC did not receive the Notice, sent by certified mail, return receipt requested, until April 1^st.  Accordingly, it has until May 1^st to complete such notification. The actual content of the required public notification must be approved in advance by the NJDEP.    As of Monday, April 25th, the NJDEP had not received a draft of the required public notification.   The Notice of Non-Compliance also requires EOWC to submit within that same 30-day time-frame a report to the NJDEP detailing what remedial measures it intends to take to ensure compliance with the tetrachloroethylene MCL.   Under the Notice of Non-Compliance and applicable NJDEP regulations, the remedial measures to be taken by EOWC must bring the concentration of tetrachloroethylene into compliance with the MCL within one year.  As of April 25^th, EOWC had not submitted the required remedial measures report.   South Orange has requested that EOWC provide it with copies of the draft public notification and of the remedial measures report so as to enable South Orange to ascertain EOWC’s compliance with the NJDEP requirements as well as with the requirements of the 1996 Contract under which EOWC provides drinking water to South Orange. 

Under its 1996 Contract with South Orange, EOWC is obligated to provide drinking water which meets all applicable drinking water quality standards.  In addition to monitoring EOWC’s compliance with the directives set forth in the NJDEP’s recent Notice of Non-Compliance, South Orange will take all appropriate actions to ensure that the water provided by the East Orange Water Commission meets all applicable water quality standards and that the Commission meet all of its other obligations under the 1996 Contract.