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Pledge to drill 3 wells,
build storage tanks ends litigation
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Published in the Asbury Park Press
By JEAN MIKLE
TOMS RIVER BUREAU
TOMS RIVER -- United Water Toms River will drill three new wells and construct two new storage tanks over the next three years as part of an agreement that will settle Dover Township's litigation with the company.
The Township Committee on Tuesday approved a settlement that will end its nearly two-year battle with the water company over United's ability to provide a safe and adequate supply of drinking water for its 45,000 customers.
"This will give the force of law to past representations that the water company had made about improvements," said Committeeman J. Mark Mutter, the committee member most involved in negotiations with the water company. The company must abide by the terms of the capital plan it listed in the settlement agreement, he said.
United Water spokesman Richard Henning agreed that the settlement "kind of memorializes all the plans that we've discussed over the years."
Henning said discussions brought about by the township's action "helped open the lines of communication between us and the committee."
United Water officials have insisted all along that the improvements included in the settlement have long been planned. The company, which drilled a new well with a capacity of 1.4 million gallons a day last year, has agreed to drill Well 46, with a capacity of 1.4 million gallons, next year.
United also plans to drill Well 47 in the year 2001 and Well 48 in 2002. Both wells would have capacities of about 6.5 million gallons a day. The company also plans to complete construction of two storage tanks at its well field near the Garden State Parkway this year.
United is also relying on a conservation program initiated last year to help cut back on the demand for water. The evapotranspiration program, or "ET," uses a number published in local newspapers and broadcast on the radio to tell customers how long to water their lawns each day.
United officials have said they believe they will save about 1 million gallons a day on days of peak demand by familiarizing customers with the ET system.
The committee filed a petition with the state Board of Public Utilities in August 1997, claiming United had failed to provide an adequate and safe drinking water supply.
The committee's action followed a dry and warm spring and summer, during which United was forced to institute mandatory restrictions on outdoor water use. The company's action came after eight wells at United's parkway well field were taken out of service following the discovery of traces of a chemical compound in two of the wells.
Berkeley officials also joined in Dover's action. United serves about 85,000 people in Berkeley, Dover and South Toms River.
Mutter said Berkeley officials have also agreed to the settlement, which calls for an annual review of United's yearly performance each January through the year 2005.
"The big point is, this settlement is not the end," Mutter said. "United Water has an ongoing responsibility to provide safe, adequate and proper service. We have the responsibility to evaluate and review their performance."
One question that is left to be settled is whether United still has a valid franchise to operate in Dover. The company's original 50-year franchise agreement, granted by the township in 1897, expired in 1947. Township and water company officials can find no evidence that the franchise agreement was renewed.
BPU officials have said they will decide the franchise matter separately at a later date.
Source: Asbury Park Press
Published: May 27, 1999
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