Direct Operational Oversight

DEP Regulation of Trenton Water Works & Direct Operational Oversight

The City of Trenton (City) and Trenton Water Works (TWW), owns and operates a public water system that provides water to more than 200,000 people in Trenton, as well as portions of four surrounding municipalities: Ewing, Hamilton, Hopewell, and Lawrence. The System is a surface water system that draws from an intake on the Delaware River in Trenton, New Jersey.

On October 12, 2022, the Department issued TWW a Unilateral Administrative Order (October 2022 UAO) for TWW’s failure to properly operate and maintain the System, for failure to cover or adequately treat its uncovered reservoir, the potential for Legionella risks within its System, the potential for lead risks within its System, and its failure to advance capital improvements. Under the authority of the October 2022 UAO, a third-party oversight contractor (TPO) hired by the Department initiated a weekly onsite presence at TWW in November 2022 to evaluate baseline System conditions and identify immediate needs to avoid a catastrophic failure or a situation impacting the quality of drinking water being delivered to the public. The TPO retained several technical experts to address the critical needs of the System and to prepare plans for implementation and long-term maintenance of changes to the System. The Department meets at least weekly with representatives from TWW to discuss immediate needs in four key areas of focus: 1) Treatment plant; 2) Laboratory; 3) Distribution system; and 4) Capital Improvements/Pennington Reservoir Replacement Plan.

TWW Data Integrity Investigation Update

In accordance with the Federal and State Safe Drinking Water regulations, TWW is required to monitor drinking water for specific contaminants on a regular basis and the results of regular monitoring are an indicator of whether the drinking water meets health standards.

The Department was made aware of allegations concerning data falsification by a Trenton Water Works employee. Upon being made aware of the situation, TWW immediately put the employee on administrative leave (their employment has since been terminated) and informed the Department of the circumstances. The Department conducted an investigation to assess the circumstances surrounding the data falsification:

  • The Department requested that TWW provide evidence that its sample collection was conducted in accordance with State regulations and best practices.
  • The Department as well as an independent consultant conducted a forensic data evaluation.

As a result of the evaluation, it was determined that the majority of the TWW collected samples during November 2022 through 2023, were invalid and TWW was in violation of various federal and state regulations, including failures to monitor and report on system conditions. TWW did not have enough valid samples to have a complete dataset for total coliform bacteria, disinfectant byproducts, iron and manganese and water quality parameters as required under the regulation for the period of November 2022 through 2023. Therefore, TWW was required to notify the public of these violations by December 6th, 2024.

In addition to the required compliance sampling, under the oversight of the Department, TWW was collecting additional disinfection residuals data throughout the distribution system as a component of the system’s low velocity flushing program; therefore, the Department does not believe there was an immediate health risk, since disinfectant residuals were consistently maintained throughout the distribution system during this time.

The Department issued a Notice Of Violation on August 22, 2024 and a Notice of Administrative Order and Civil Administrative Penalty Assessment (AONOCAPA) on September 30, 2024 related to the violations described above.

The Department also referred the incident to the New Jersey Office of the Attorney General.

TWW Data Integrity Investigation FAQ’s

Trenton Water Works

New Jersey Department of Environmental Protection Data Integrity Investigation

December 11, 2024

On November 14, 2023, Trenton Water Works (TWW) informed the New Jersey Department of Environmental Protection (NJDEP) of allegations concerning data falsification by a single TWW employee. NJDEP initiated an immediate evaluation of TWW Safe Drinking Water Act compliance sampling data from November 2023 collected by other TWW employees who were not implicated by the data falsification allegations. This immediate evaluation enabled NJDEP to verify that there was no acute public health risk to the communities served by TWW due to data falsification by the single suspected employee.

Following this immediate evaluation, NJDEP conducted a forensic evaluation of all TWW sampling data collected from November 2022 through November 2023 which resulted in the invalidation of 1,660 sampling events. On August 22, 2024, multiple monitoring and reporting violations were issued to the City of Trenton. On October 28, 2024, the Department issued a Supplemental Unilateral Administrative Order (SUAO) to address persistent critical deficiencies at TWW, including ongoing data integrity concerns and the identified monitoring and reporting violations. For additional information regarding NJDEP’s regulation of TWW and its ongoing Direct Operational Oversight of the water system, visit: https://njdepwptest.net/trentonwater/direct-operational-oversight/.

Frequently Asked Questions

When did the Department become aware of this incident?

On November 14, 2023, TWW informed NJDEP of allegations concerning data falsification by a TWW employee.

What did the Department do about the incident?

  • NJDEP immediately confirmed that TWW had suspended the employee who was the subject of the allegations and that formal disciplinary action had been initiated.
  • NJDEP immediately conducted a review of reliable sampling data and, using multiple lines of evidence, determined that there was no acute public health risk. This NJDEP review included:
    • NJDEP evaluation of a full set of TWW compliance sampling data from November 2023 that was not collected by the subject employee. The Department found that the November 2023 data were satisfactory.
    • Evaluation of added sampling data collected during NJDEP-led sampling efforts throughout the TWW distribution systems.
  • On December 1, 2023, NJDEP requested additional information from TWW, including a comprehensive corrective action plan, GPS vehicle logs, and chains of custody for TWW compliance samples.
  • NJDEP and its third-party direct oversight consultant then established criteria for evaluating the validity of the reported data for the period in question based on the data falsification allegations, from November 2022 to November 2023.
  • By June 2024, TWW had provided information sufficient enough for NJDEP to complete a forensic evaluation of all TWW compliance data collected from November 2022 to November 2023.
  • The outcome of the investigation resulted in invalidation of 1,660 compliance sampling events. The collection of invalid samples means what TWW committed multiple monitoring and reporting violations under the Safe Drinking Water Act, which requires NJDEP to take enforcement action.
  • The Safe Drinking Water Act violations were issued on August 22, 2024.
  • On October 28, 2024, the Department issued a Supplemental Unilateral Administrative Order (SUAO) to address persistent critical deficiencies at TWW, including ongoing data integrity concerns and the identified monitoring and reporting violations.
  • The Department also referred the data falsification incident to the New Jersey Office of the Attorney General, Division of Criminal Justice, for further investigation.

Why did TWW Issue a Public Notification?

The Safe Drinking Water Act requires public water systems to keep customers informed about the quality of their drinking water, as well as violations of the Safe Drinking Water Act by the system. This is an important measure of transparency and accountability.

The Safe Drinking Water Act rules for public notification of drinking water violations  establish timeframes for public notification based on the severity of the violations and the risk to the public.

In this case, TWW incurred monitoring and reporting violations, which require what is known as a “Tier 3” public notification. This is the lowest tier of notification, which requires a public water system to notify its consumers of the associated violation within one (1) year.

However, due to the number of violations, NJDEP used its enforcement discretion to elevate the level of public notification for TWW’s violations from ”Tier 3” to “Tier 2,” which requires more timely public notification. Accordingly, TWW distributed the notice to its customers on November 27, 2024.

By comparison, a “Tier 1” public notification, requires the customers to be notified within 24 hours where there is an acute risk to public health, such as a boil water advisory. Based upon NJDEP’s evaluations, such an immediate notice was not required as there was no evidence of an acute public health risk.

What Enforcement Actions Were Taken by NJDEP?

On August 22, 2024, NJDEP issued a Notice of Violation (NOV) to TWW for failing to meet monitoring and reporting standards and regulations. The Notice of Violation was followed by the issuance of an Administrative Order and Notice of Civil Administrative Penalty Assessment (AONOCAPA) on September 30, 2024. The enforcement action cited TWW for its failures to monitor and report, and TWW to fully comply with the Safe Drinking Water Act; submit a remedial action plan to NJDEP within 30 days; and complete and distribute a Tier 2 public notification. A civil administrative penalty of $235,000 was also assessed.

What are the next steps in the NJDEP’s Direct Operational Oversight of TWW?

As part of its ongoing direct oversight of TWW, NJDEP facilitated three independent system-wide assessments that will analyze TWW’s fiscal condition, evaluate existing organizational structure, adequacy of staffing, and managerial capacities, and will also include a comprehensive evaluation of a Treatment Plant performance-based capabilities and associated administrative, operations and maintenance practices. These independent system-wide assessments — in the form of a Technical, Managerial and Financial Report, 360 Assessment Report, and Comprehensive Performance Evaluation Report – as expected to be finalized and made publicly available in early 2025. These independent analyses will provide important information about critical needs and make operational recommendations to support the long-term success of TWW.

Independent Technical Reports

As a component of its direct oversight, the Department facilitated three independent system-wide assessments that analyzed TWW’s fiscal condition, evaluated their existing organizational structure, adequacy of staffing, and managerial capacities, and a comprehensive evaluation of the Treatment Plant performance-based capabilities and associated administrative, operation and maintenance practices. Two of these independent system-wide assessments were finalized in January 2025 and provide the information and analysis crucial to identifying critical needs and operational recommendations for the TWW system.

  • Technical, Managerial and Financial Report (TMF) – evaluation of the water system’s existing capacity to plan for, achieve, and sustain long-term compliance with drinking water regulations.
  • 360 Assessment Report (360) – A comprehensive assessment, which builds on the TMF, to provide an in-depth evaluation of the water system’s financial condition (including rate structure), inventory of asset optimization, and review of alternative governance structures.
  • Comprehensive Performance Evaluation Report – To be finalized soon. A thorough analysis of the treatment plant and its major unit processes to evaluate factors that impact the ability to achieve optimized performance.

For a synopsis, please see:  A Summary of the Independent Assessments of Trenton Water Works

Next Steps

Through this phase of direct oversight the Department will continue to work with TWW to improve the system’s technical, managerial, and financial capacity, as well as the asset management and capital improvements capabilities.

The Supplemental Unilateral Administrative Order (SUAO), issued October 28, 2024, is the latest in the Department’s long-term effort to provide TWW with technical assistance and ensure Safe Drinking Water Act compliance. While under the Department’s continuing direct operational oversight, TWW remains responsible for managing the daily operations of the water system. The SUAO provides for the following capacity building measures to further support and improve TWW today in securing its future performance:

  • Operations Contract for a third-party consultant provide immediate managerial and staff capacity;
  • Engineering Contract to provide engineering services; and

Training Contract to provide development and implementation of a staff training plan and supporting materials, standard operating procedures, and assessment of TWW staff and management.

NJDEP Direct Operational Oversight Reports

Existing sample results submitted to DEP by TWW are accessible to the public from the DEP Drinking Water Watch website.

Questions?

Email Watersupply@njdepwptest.net with the subject “Trenton Water Works”