the staff of the Ridgewood blog
Allendale NJ, Residents of Ethel Avenue in Allendale are pushing back against proposed water treatment upgrades by Veolia Water New Jersey, arguing the changes go beyond the scope of a decades-old easement agreement and threaten the character of their neighborhood.
The dispute has escalated to court, with Superior Court Judge Nicholas Ostuni issuing a temporary stay on improvements to Well 17, pending a full trial scheduled for December.
PFAS Water Treatment at Center of Controversy
Veolia’s proposed upgrades aim to reduce PFAS (Per- and polyfluoroalkyl substances) levels in Well 17, which currently tests at 8.24 parts per trillion (ppt) — more than double the EPA’s maximum contaminant level of 4 ppt introduced in 2024.
While PFAS, often called “forever chemicals,” pose long-term health risks and are subject to strict regulatory standards, residents Kris and Laura Van Der Leeuw of 7 Ethel Avenue say the treatment plans violate their easement rights and overburden the property.
Legal Challenge: More Than Just a Well and Pipes
In a lawsuit filed in February, the Van Der Leeuws claim that the 1966 easement on their property limits its use to only a water well and pipes. The proposed expansion includes:
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A 25’ x 21’ utility shed
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Chemical storage tanks (sodium hypochlorite, zinc orthophosphate, and proposed ammonium sulfate)
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A high-powered electrical panel
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A wash basin and chemical showers
The complaint also alleges that mature evergreen trees—planted to maintain privacy—were removed in violation of landscaping terms within the easement.
“There would not be sufficient area left to properly landscape with evergreen trees, as required by the terms of the easement,” the complaint states.
Borough of Allendale Pulled into Legal Dispute
The Borough of Allendale, which previously operated its own water system until selling it to Suez Water in 2013 (transferred to Veolia in 2022), has been named a third-party defendant in the case.
“Unfortunately, the borough has been brought into it,” reads a May 20 letter from Mayor Amy Wilczynski and the Borough Council. “Veolia has now been ordered by the court to stop the planning process to filter PFAS at this site, which provides 20% of the water to our residents.”
The borough operates five water wells, two of which currently have temporary PFAS treatment systems in place.
Responses from Legal Teams and Veolia
William Strasser, attorney for the Van Der Leeuws, said:
“We believe that the law is very strong in our favor on this, and we believe we’re going to prevail in the end.”
Debra Vial, spokesperson for Veolia Water New Jersey, responded:
“We are committed to protecting public health and enhancing water quality and reliability for Allendale residents… Our work to make necessary improvements for the community is ongoing, and we maintain an open dialogue and close collaboration with the borough.”
Looking Ahead: Finding a Mutually Acceptable Solution
Despite the legal dispute, Mayor Wilczynski expressed hope for resolution:
“The Mayor and Council truly hope there is a mutually agreeable solution and reaffirm our commitment to advocating for the wellbeing of all residents.”
As the case proceeds toward a December trial, the outcome could impact how utilities expand infrastructure on private property throughout New Jersey, especially as more systems work to comply with newly tightened PFAS regulations.
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