DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF THE COMMISSIONER 401 East State Street P.O. Box 420, Mail Code 401-07 Trenton, New Jersey 08625-0420 PHILIP D. MURPHY Governor Tel. (609) 292-2885 ⬧ Fax (609) 292-7695 www.nj.gov/dep SHEILA Y. OLIVER CATHERINE R. McCABE Commissioner Lt. Governor May 21, 2020 Hon. Reed Gusciora, Mayor Kathy McBride, Council President City of Trenton 319 East State Street Trenton, NJ 08608 RE: Trenton Water Works Dear Mayor and Council President, As you know, for over the past two years, the New Jersey Department of Environmental Protection (DEP) has been working both to press for and to support the City of Trenton’s efforts to meet its obligations under the Safe Drinking Water Act and two 2018 DEP Administrative Consent Orders (ACOs) requiring, among other things, improvements to the operations of Trenton Water Works (TWW), replacement of lead service lines, and renovating Trenton’s uncovered reservoir to prevent contamination of the drinking water supply. At the time of my last letter to you dated February 20, 2020 (attached), DEP was encouraged by the City’s recent progress in meeting its obligations, and by the Mayor’s proposed capital improvement plan and rate ordinance changes needed to support those improvements. And, as I shared in February, DEP is pleased to offer more state water infrastructure funding to support the City’s efforts, adding to the state funds we previously provided to the City. I was deeply disappointed to learn that, on May 7, 2020, the City Council inexplicably rejected funding for crucial measures necessary to enable TWW to come into and maintain compliance. To be clear, the Council’s inexplicable failure to adopt these measures will prevent TWW from meeting critically overdue legal requirements of the ACOs and the Safe Drinking Water Act. These requirements are necessary to ensure a safe and reliable water supply, not only for the City of Trenton, but also for the 217,000 people served by TWW in Ewing, Hamilton, Hopewell and Lawrence Townships. The Council’s unreasonable action has left DEP no choice but to seek judicial intervention to help ensure that the City will comply with the requirements of the ACOs and the Safe Drinking Water Act. Regrettably, DEP has requested that the Attorney General take appropriate action before the courts. Ensuring safe and reliable drinking water is a critical public health priority, and it is imperative that the City’s recent progress toward meeting its obligations not be lost. While DEP must now New Jersey is an Equal Opportunity Employer. Printed on Recycled Paper and Recyclable. May 21, 2020 Page 2 of 2 take the unfortunate step of seeking judicial intervention, we also recognize that Mayor Gusciora has proposed appropriate actions to enable TWW to make the necessary improvements to its water supply system. The City Council’s refusal to provide the necessary financial support to achieve these legally required public health obligations simply leaves us no other choice. DEP will, of course, continue to provide TWW with technical compliance assistance, as we do for all water systems. And, I invite you to contact me directly if you would like to discuss these matters. Sincerely, Catherine R. McCabe Commissioner c: Hon. Gurbir S. Grewal, Attorney General Robert J. Kinney, Deputy Attorney General Hon. Bert H. Steinmann, Mayor, Ewing Township Hon. Jeffrey S. Martin, Mayor, Hamilton Township Hon. Kristin McLaughlin, Mayor, Hopewell Township Hon. Jim Kownacki, Mayor, Lawrence Township NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION New Jersey is an Equal Opportunity Employer. Printed on Recycled Paper and Recyclable.