Moorestown Drinking Water Contamination Highlights Statewide Risks

Assembly bill would mandate that DEP issue drinking water standard for toxic chemical

DEP failed to issue standards for 15 toxic chemicals recommended by Drinking Water Quality Institute

Christie DEP Ignores Science and Health Risks

[Update below]

The Assembly Environment Committee heard testimony and released a long overdue and important bill yesterday (A3954 [1R]) that would mandate that the DEP adopt a “Maximum Contaminant Level” (MCL) drinking water standard of 0.03 parts per billion for the chemical 1,2.3 trichloropropane (TCP).

Assemblyman Conaway (D-7) appeared to testify in support of his bill, which grew out of a situation in Moorestown – for the full story on that, see:

• Toxin leads Moorestown to shut two wells

A contaminant not currently regulated by drinking-water standards has been found in Moorestown’s water supply, causing town officials to shut down two of its primary wells.

The chemical, 1,2,3-trichloropropane, is a man-made and persistent substance used for paint removal and other purposes. It has been classified a “likely” carcinogen by the U.S. Environmental Protection Agency.

There is quite a bit of history on the Moorestown contamination, which DEP has known about and failed to discloses, regulate, or warn people about for many years.

In fact, as I testified to the Committee in support of the bill, the Drinking Water Quality Institute (DWQI) recommended that DEP adopt an MCL for TCP way back in a March 2009 Report to DEP:

“1,2,3-trichloropropane is a contaminant of nematocides/fumigants applied to soil, also used for other industrial purposes. It is stable in the environment, and has been detected in public water systems, private wells, and in ground water at contaminated sites in New Jersey. There is no federal MCL for 1,2,3- trichloropropane. In 1999, NJDEP developed a drinking water guidance value of 0.025 ug/L for 1,2,3-trichloropropane, based on the analytical practical quantitation limit (PQL). Given its occurrence in New Jersey drinking water and its status as a potent carcinogen, selection of 1,2,3-trichloropropane for possible development of a health-based MCL was recommended.” (p.5)

That same March 2009 DWQI Report also recommended new or lower MCL’s be adopted for 12 other toxic chemicals that New Jersey residents are exposed to:

V. Conclusions

Based upon the Health Effects, Testing, and Treatment Subcommittee reviews, the Drinking Water Quality Institute recommends the actions summarized in Table 7:

• … Lower the MCL for eight contaminants: benzene, carbon tetrachloride, 1,3- dichlorobenzene, 1,4-dichlorobenzene, 1,1-dichloroethane, 1,2-dichloroethane, 1,1,2- trichloroethane, and vinyl chloride. […]

• Establish MCLs for five contaminants not currently regulated: DCPA and degradates, formaldehyde, n-hexane, methyl ethyl ketone, and 1,2,3-trichloropropane. …

DEP simply recklessly ignored those DWQI recommendations.

DEP also ignored DWQI MCL recommendations for cancer causing radon 222 (February 2009) and a component of jet fuel, toxic perchlorate (October 2005).

As a result, thousands of people across the state – not just in Moorestown – are being exposed to unsafe levels of toxic chemicals known to be found in their drinking water without their knowledge and without any ability to take precautions to avoid that exposure.

This is simply wrong – it is an outrage that must end.

The Conaway Assembly bill (A3954 [1R]) finally provides a huge opportunity to fix this longstanding failure by DEP.

The Christie administration has tried to dismantle the DWQI and keep it from meeting.

The DWQI used to meet quarterly, but has met just once since September 2010, after powerful polluter Dupont opposed its recommendations to regulate another toxic chemical called PFOA.

As I testified, the Conaway bill needs to be amended to require that DEP adopt all prior DWQI recommended MCL’s that have been ignored by DEP.

At the hearing, I sat next to Assemblyman Conaway during my testimony. Chairwoman Spencer deferred to him regarding my recommendations to amend the bill to do this.

Conaway looked me in the eye and said he would consider that, I assume favorably because if he cares about the health of his constituents in Moorestown, he should care about the health of all New Jersey residents.

So, I’ve researched out to the Assemblyman and I urge all of you to contact his office and your legislators to demand that the bill be amended to protect your drinking water.

We need a Senate companion bill so a Senate sponsors is needed too.

[Update: 4/8/15 – No wonder Assemblyman Conaway won’t return my calls or emails. I just read the amended version of his bill. Amendments were adopted but not made clear at the Committee hearing. Instead of strengthening and expanding the bill, they gutted it.

The amendment gutted the bill by: 1) removing the mandate to adopt a 0.03 ppb MCL; 2) eliminating the interim 0.03 ppb legislative MCL that would be effective in the absence of DEP adoption; and 3) failed to reflect the 2009 DWQI Report’s recommendation, essentially covering up the history. Pathetic. Truly pathetic.  ~~~ end update]