Lead/Safe Drinking Water Act: NRDC Notice of Intent to Sue City of Newark, New Jersey and New Jersey Department of Environmental Protection

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Natural Resources Defense Council (“NRDC”) and other organizations have submitted an April 24th Notice of Intent to Sue the City of Newark, New Jersey and the New Jersey Department of Environmental Protection (“DEP”) for allegedly violating certain provisions in the Safe Drinking Water Act (“SDWA”).

The April 24th Notice of Intent to Sue pursuant to the citizen suit provisions of the SDWA alleges a failure to comply with the regulations promulgated to control lead in drinking water.

The alleged SDWA violations involving Newark’s drinking water include:

  • Lead and copper rule’s sampling requirements
  • Requirement to install optimal corrosion control treatment
  • Requirement to complete public education
  • Requirement to complete a material evaluation, including an inventory of its lead surface lines
  • Failure of the DEP to designate optimal corrosion control treatment for the City of Newark in violation of the Lead and Copper Rule
  • Failure of the DEP to designate optimal water quality parameters for Newark in violation of the Lead and Copper Rule

A copy of the Petition can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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