William W. Esq. (039201990) MCMANIMON, SCOTLAND BAUMANN, L.L.C. 75 Livingston Avenue, Second Floor Roseland, New Jersey 07068 (973) 622-1800 Attorneys for Plaintiff, CITY OF HOBOKEN THE CITY OF HOBOKEN, SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION: Plaintiff, HUDSON COUNTY V. DOCKET NO. HUD-C SUEZ NORTH AMERICAN and Civil Action SUEZ WATER ENVIRONMENTAL SERVICES INC., Defendants. VERIFIED COMPLAINT Plaintiff, City of Hoboken (?Plaintiff? or ?City?), having administrative offices at 94 Washington Street in the City of Hoboken, County of Hudson and State of New Jersey, by way of Verified Complaint against the Defendant, Suez North America states and alleges as follows: PARTIES 1. Plaintiff is a nmnicipal corporation of the State of New Jersey, charged with ensuring the health, safety and welfare of its residents. 2. Defendant Suez Water Environmental Services Inc., with a street address of 451 From Road, Paramus, NJ (?Suez Operations?) is the operator of the water supply system for the 36730-022: 8023735 City pursuant to an agreement first entered into in 1994, as subsequently amended. 3. Defendant SUEZ NORTH AMERICAN, also located at 461 From Road, Paramus, NJ 07652 (?Suez Construction") is, upon information and belief, the entity responsible for, among other things, the construction of a chamber (the ?Chamber?) below grade in Jersey Avenue beneath the overpass in Jersey City near the border of Hoboken, for the housing of two water meters connected to the system providing potable drinking water to both cities. The construction began on or about June 23, 2018. WATER MAIN BREAKS 4. Since construction of the Chamber began 6 weeks ago, the City of Hoboken (the ?City") has experienced no less than fifteen (15) water main breaks, including breaks this month on August and 28, 2018. 5. Specifically, on Monday, August 20, 2018, a 12? inch water main break flooded parts of Newark Street and Jefferson Street in the City. 6. On Saturday August 25, 2018, a 13-inch water main break flooded parts of Newark Street and Hudson Street in the City. 7. On Sunday August 26, 2018, a 6?inch break caused flooding on 13??Street in the City. 36730-022: 8023736 8. On Tuesday August 28, 2018, an 8?inch break caused flooding on Hudson Street, River Street and Hudson Place in the City and threatened both the PATH System and NJ Transit. 9. To date, Defendants have been unable or unwilling to determine a cause for the frequency of the water main breaks or at least unwilling to advise the City if in fact Defendants have determined the cause. 10. Based on the GIS data provided by Suez Operations via online, no water main breaks were reported in 2017- 11. To date, there have been 24 reported water main breaks in 2018. 12. Further, based on the GIS data provided by Suez Operations via online, in the months of June, July and August during the prior five years, there have been a total of 12 reported breaks, as opposed to the 16 breaks that have occurred just in the past six weeks. 13. An impaired or unreliable water supply system presents a danger to the health, safety and welfare of the residents of the City, and immediate action is required by the City to both ensure the water supply system is operating effectively and the residents and property in the City are protected from the dangers presented by near constant flooding. 36730?022: 8023735 14. Defendants, as operator of the water supply system and the entity responsible for the construction of the Chamber respectively, have refused or been unable to prepare a course of action to determine the cause of the repeated water main breaks and for the repair of the existing breaks that have jeopardized the health, safety and welfare of the residents of the City. INJUNCTIVE RELIEF 15. Defendant?s ongoing efforts to repair and/or prevent future breaks have been woefully inadequate and have threatened the City?s water supply and the general public. 16. Injunctive relief requiring Defendants to cease construction. on. all capital improvement. projects unrelated. to the repair of emergency water main breaks, until specifically reviewed and approved by the City of Hoboken, is necessary. 17. Defendants further must prepare a pdan of action to prevent future breaks and immediately provide to the City all studies, reports, plans cm: similar documents prepared.knr or on behalf of Defendants detailing: a) the scope of construction occurring on the Chamber or any other part of the City's water system; and b) any investigation conducted by Defendants or on behalf of Defendants as to the cause of the water main breaks. WHEREFORE, Plaintiff demands judgment requiring Defendant, Suez North America (?Defendant?), to: 36730-022: 8023735 a. Provide to the City all studies, reports, plans, agreements or similar documents prepared by or on behalf of Defendants detailing: i) the scope of construction occurring on the Chamber or any other part of the City's water system, and any preliminary planning or work done to protect the water system in anticipation of Chamber work, including but not limited to record drawings ii) any investigation conducted by Defendants or on behalf of Defendants as to the cause of the water main breaks; any and all claims of costs incurred for the water main breaks; and iv) all records, from January 1, 2018 to present, of hydrant flushing, valve exercising, and system pressure testing (both emergency and routine maintenance) for the time period prior to and during construction of the Chamber; b. Within ten (10) days of the return of the accompanying Order to Show Cause and the grant of the aforementioned relief, formulate a plan for determining the cause(s) of the recurring water main breaks, for review and ultimate approval by City officials and its relevant professionals; c. Awarding Plaintiff attorneys' fees and costs of suit in bringing this application; and, 36730-022: 8023735 d. Grant such other relief as the Court deems equitable and just. SCOTLAND Baumann, L.L.C. Attorneys for Plaintiff WILLIAM W. DATED: August 29, 2018 DESIGNATION OF TRIAL COUNSEL Pursuant to William W. is designated as trial counsel for Plaintiff in this matter. SCOTLAND Baumann, L.L.C. Attorne for Plaintiff DATED: August 22, 2018 By: AWW 4" WILLIAM W. RULE 4:5-1 CERTIFICATION I hereby certify in accordance with New Jersey Civil Practice Rule 4:5?1 that to the best of my knowledge, information and belief the instant matter in controversy is not the subject of any other action pending in any other court or of a pending arbitration proceeding, nor is any other action or 36730-022: 8023735 arbitration contemplated. I am not aware of the names of any other parties who should be joined in the action. MCMANIMON, SCOTLAND 8: BAUMANN, . . . Attorneys for Plaintiff DATED: AugustZi 2018 By: WILLIAM W. RULE CERTIFICATION I certify that confidential personal identifiers have been redacted from the documents now submitted to the Court, and will be redacted from all documents submitted in the future in accordance with Rule MCMANIMON, SCOTLAND 8c BAUMANN, LLC Attorneys for Plaintiff WILLIAM W. Dated: August 2 2018 36730-022: 8023735 VERIFICATION OF COMPLAINT COUNTY OF HUDSON SS STATE OF NEW JERSEY .1, Jennifer Gonzalez, Director of Environmental Services for the City of Hoboken, being of full age and having been sworn according to the laws of the State of New Jersey, deposes and says: 1. I have read the foregoing Verified Complaint, and to the best of my knowledge, information and belief, the factual allegations contained therein are true. CITY OF HOBOKEN By: anw?yagonmz? JdnniferkG ynzaler_J Sworn and subscribed to before me this day of August, 2018, if; DAISY AMADO ID 2405965 NOTARY PUBLIC STATE OF NEW JERSEY My Gommlsalun Expires March 22. 2021 36730-022: 8023714 William W. Esq. (039201990) MCMANIMON, SCOTLAND BAUMANN, L.L.C. 75 Livingston Avenue. Second Floor Roseland, New Jersey 07068 (973) 622?1800 Attorneys for Plaintiff, CITY OF HOBOKEN THE CITY OF HOBOKEN, SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION: Plaintiff, HUDSON COUNTY v. DOCKET NO. HUD-C SUEZ NORTH AMERICA, Civil Action Defendant. FACSIMILE CERTIFICATION I, WILLIAM P. OPEL, ESQ., do hereby certify that: l. I am an attorney for Plaintiff City of Hoboken (the ?City?) in the above-entitled action. 2.The signature affixed to the within Verification of Complaint is a facsimile. I certify that the affiant has acknowledged to my satisfaction and genuineness of her signature and that the document or a copy with an original signature affixed will be filed if requested by the Court or by a party to this litigation. McManimon, Scotland Baumann, LLC By: WILLIAM P. OPEL Dated: August 29, 2018 36730-022: 8023761