NEW BRUNSWICK – A Superior Court judge has certified a lawsuit against Middlesex Water Company as a class action case.

The April 21 ruling by Judge Michael Toto in Middlesex County allows all the water company's affected customers to join the litigation if they want.

Toto divided the class action into groups. Group A would include customers in Edison, Metuchen, Woodbridge and Rahway while Group B includes customers from South Plainfield, Clark, Edison, Metuchen, Woodbridge and Carteret. Another group includes customers who have specific health conditions or an infant in the household, A fourth group includes anyone in the municipalities living in apartments or senior homes who may not have directly received the water company's notices.

"It is easy to speculate that each class or sub-class would have thousands of members," Toto wrote in his decision.

The company serves more than 60,000 homes and a population of more than 300,000.

"This class action brings a huge measure of justice to the thousands of consumers affected by this tainted water," said Michael Galpern, one of the co-counsels in the suit brought by Tomas Vera, a resident of the Avenel section of Woodbridge.

EARLIER:Middlesex Water shuts down contaminated wells, will use alternate sources

The lawsuit was filed after the water company notified customers on Oct. 22 and Nov. 8 that perfluorooctanoic acid (PFOA) was detected in groundwater samples in excess of the New Jersey Department of Environmental Protection's Maximum Contaminant Level standard at the company’s Park Avenue Treatment Plant in South Plainfield.

PFOA is a chemical used in industry and consumer products that break down slowly and can build up in people, animals and the environment over time.

The chemical can be found in water, soil, air and food, as well as food packaging, household products, personal care products, drinking water and soil and water near waste sites.

Long-term exposure can result in problems with cholesterol levels, liver, kidney, immune system, the reproductive system in men, as well as developmental delays in infants and children.

"We are still seeking justice for our clients to compensate them for the expense of paying for consultations with doctors, bottled water, water filters, or similar costs incurred as recommended by Middlesex Water Company in the PFOA violation notices it sent out to its customers," said Stephen DeNittis, a co-counsel in the lawsuit.

In 2020 the DEP adopted a stricter permitted level of PFOA in drinking water at 14 parts per trillion. Previously the limit was 40 parts per trillion.

READ:New maps show contaminated private water wells in Central Jersey

In September, Middlesex Water was notified that its South Plainfield wellfield exceeded the PFOA limit with a quarterly average of 21 parts per trillion.

The company recommended that customers install a home water filter to reduce levels of PFOA in tap water or to use bottle water for drinking, cooking or preparing beverages for infants.

Middlesex Water announced in December started an interim plan to get more water from its primary surface water treatment plant and other sources to allow the utility to turn off the wells which tested above new state standards for contamination.

Middlesex Water also has filed a federal lawsuit against 3M, which claims the company was the only known manufacturer and distributor of PFOA in the United States and should have known the chemical was toxic.

On Thursday, Toto dismissed one count of the lawsuit asking the water company to pay for a program of medical monitoring and testing.

The judge, however, rejected the water company's motion to dismiss the four other counts in the lawsuit.

Another class action lawsuit filed by Edison resident Roberta Lonsk against the water company is pending in federal court. 

Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.