Responsibilities of local governments for drinking water supplies and wastewater treatment
Drinking Water
The New Jersey Department of Environmental Protection (DEP) formally adopted drinking water standards that establish limits for the presence of perfluorooctanoic acid (PFOA) and perflourooctane sulfonic acid (PFOS), the so-called ‘forever chemicals,’ in public water supplies. As a result, drinking water now has a tougher regulatory limit of per-and polyfluoroalkyl substances (PFAS) requiring municipalities to implement more effective water treatment practices.
The requirement for monitoring public water supplies for ‘forever chemicals’ began the first quarter of 2021.
If a public water supply exceeds the new regulatory limits for those substances, system operators must add treatment practices to reduce the presence of those chemicals or take those wells out of service. Public water supplies should expect that regulatory limits will be imposed on regularly scheduled permit renewals and for new permit applications. The DEP is imposing those new limits currently and is expected to continue with that process.
Wastewater
The DEP also added ‘forever chemicals’ to the State’s list of “hazardous substances.” If ‘forever chemicals’ are present in wastewater, sewage sludge, or municipal waste, local governments are responsible for disposing of their waste as hazardous material which has a significantly higher cost. This type of waste is typically encountered in the remediation of contaminated sites like landfills and abandoned industrial facilities. The DEP also set contaminant limits for groundwater quality to reduce discharges from site remediation work into groundwater. Local governments that exceed limits for discharging forever chemicals in wastewater will remain strictly liable for the costs of remediating them, wherever they are found. The DEP is already taking steps to incorporate those stricter monitoring and reporting obligations into wastewater treatment permits, including those issued through the New Jersey Pollutant Discharge Elimination System (NJPDES) program.
Malamut & Associates attorneys are experienced and well-positioned to provide guidance to municipalities and to lead cost recovery efforts in the elimination of hazardous, persistent forever chemicals from public drinking water and wastewater.
To discuss municipal responsibilities further, contact Anthony Drollas.
The content of this post should not be construed as legal advice. You should consult a lawyer concerning your specific situation and any specific legal question you may have.