This is the fourth in a series of articles covering NJ DEP Violations involving Berkeley Heights’ sewer operations and includes both the treatment plant and the sanitary collection system. As reported, these files were provided to NJ21st by a resident who downloaded them during the Township’s attempt to secure a bid for the facility.

On 03/07/2024 the DEP cited the Township’s sanitary collection system for numerous raw sewage discharges into local water ways on 12/2023 and 01/2024, violating N.J.A.C. 7:14A-2.1(d).

Raw sewage contains untreated human waste, bacteria, viruses, and parasites. When this hits streams and rivers it can increase of E. coli and fecal coliform levels. Nitrogen and phosphorus in the sewage can drive algae blooms – leading to depleted oxygen and harm to aquatic life. Obviously, raw sewage increases public health and property damage risks. The violation is still listed as pending and there does not yet appear to be a penalty assessed. This type of violation usually leads to civil administrative penalties or settlement agreements.

Additionally, the DEP’s notes available on their website shows that plant was cited for not having a properly licensed operator in place to run the collection system and for failing to put in procedures to control infiltration and inflow. While the record now lists these violations as “satisfied,” the fact that they were issued at all raises obvious questions: how or why did Berkeley Heights allow its sewer system to run without the state-required credentials and basic maintenance safeguards?

We are awaiting a township response to our email sent on 09/09/2025 asking the Mayor and Council of any record of public notice connected to the violations. Based on my search, I was not able to find any formal notification from the Township to the community that untreated sewage had been released during this time period. The timing of the discharges raises further questions.

Based on my read, it appears as if the case remains open. If penalties are assessed, Berkeley Heights families may again be responsible for paying fines tied to the sewer system.

As indicated in the last article I submitted an OPRA request to the NJ DEP requesting a slew of records that may answer these questions.

To date, the Mayor, members of the Council and the Township Administrator have not answered our questions or provided a comment.

The fifth citation I referenced in my email to the Mayor and Council actually involved the DPW (a $600 penalty) related to air contamination.

With that said the four violations we’ve written on (including this one) appears to cover four separate areas:

Discharge (reporting failures, inaccurate data, partially treated sewage flows, effluent exceedances (ammonia, phosphorus, nitrogen)

Stormwater (improper chemical storage (peracetic acid, Micro-C, magnesium hydroxide) on bare ground, missing annual stormwater inspections, no staff training, incomplete logs)

Equalization Basins (no liner integrity test since 2020, broken level sensors, no overflow alarms, basins not cleaned since 2018, O&M manual not updated since 2006)

Sanitary Collection System (raw sewage discharges in Dec 2023 & Jan 2024)

I want to take the opportunity to point out that this series would not have been possible without help from a resident. Much of our reporting comes directly from tips and documents shared by residents and employees.

Source Documents

Sewage Plant DEP Violations Wiki

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