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Washington Borough Council authorizes settlement with Veolia over NJDEP wastewater permit claims
Summary
At a June 1 special meeting the Washington Borough Council approved Resolution 2026-67, authorizing a settlement with Veolia Water entities related to alleged NJPDES permit violations and a Department of Environmental Protection settlement requiring a $223,000 payment; council vote was 5-0.
The Washington Borough Council voted 5-0 on June 1, 2026, to approve Resolution 2026-67 authorizing the Mayor to execute a settlement agreement with Veolia Water Municipal Services North America, LLC and Veolia North America, Inc., resolving claims related to alleged violations of the borough’s NJPDES surface water discharge permit (NJG0021113).
The resolution’s recitals trace the matter to a 2018 Operation and Maintenance Agreement under which Veolia operated the borough’s wastewater treatment system, a 2021 guaranty and assignment consent, and a April 16, 2026 notice from the New Jersey Department of Environmental Protection that the borough had purportedly violated permit conditions and could be liable for civil administrative penalties under N.J.S.A. 58:10A-10(d) and implementing regulations. The draft settlement presented by the Department, described in the minutes, proposed "a payment by Washington Borough of a penalty in the amount of $223,000.00 within 30 calendar days of the effective date of the DWB Settlement Agreement," and the transcript notes the borough and Department executed a DWB Settlement Agreement on May 15, 2026 obligating Washington Borough to make payment on or before June 15, 2026.
Council entered executive session earlier in the meeting to discuss contractual matters and possible litigation; after returning to open session Council member Musick moved and Council member Infinito seconded approval of Resolution 2026-67. The roll call recorded affirmative votes from Gorshkov, Infinito, Matteo, Musick and Mayor Cox; Brown and France were absent. The resolution authorizes the Mayor to execute the Settlement Agreement "in substantially the same form as attached" and states the resolution takes effect immediately.
The minutes record that the settlement is intended "to avoid the cost, inconvenience, and uncertainty of potential litigation" and to "fully and finally resolve all claims, differences, and controversies" arising out of the Department’s asserted violations. The minutes include the permit number (NJG0021113), the statutory/regulatory citations cited by the Department, and the specific payment amount and dates noted above. The meeting adjourned at 8:43 a.m.
