Two Years After Chemical Spill, Water Utilities Submit Protection Plans

Source water protection plans are mandates water utilities are required to follow to keep drinking water safe. However, before 2014, following these plans in West Virginia was voluntary. Since the January 2014 Elk River chemical spill, though, legislation was put in place requiring about 125 water systems in the state to have these plans. The law also made what was already on the books much stronger.

Friday, July 1 is the deadline for water and sewer utilities to submit their new plans to the state Bureau for Public Health. Liz McCormick has been following this story and brings us a look into how two utilities – large and small – have been dealing with the new regulatory landscape.

Source water protection plans in West Virginia aren’t anything new, water utilities across the state have been asked to have them for years. But after a coal cleaning chemical leaked into the Kanawha Valley water supply in 2014 leaving, 300,000 people without drinking water, state lawmakers decided to make a change. Senator John Unger headed up that process.

“And then when the chemical spill happened, and the water became a top issue again. Then this was a time that we needed to address protecting our water resources here from chemical contaminations,” Unger said.

The 2014 bill did two things – it changed the way aboveground storage tanks are regulated, and it required 125 water systems in West Virginia to create and implement source water protection plans.

The Harpers Ferry Water Works. It’s a small utility that serves drinking water to about 800 customers in Harpers Ferry, Bolivar, and the National Park Service. The utility doesn’t provide sewer service.

“This facility was built in 1985, so it’s pretty old, but it’s worked pretty well,” said Josh Carter, the Water System Manager for the Harpers Ferry Water Works, “It’s a small operation, but it actually serves a whole lot of people.”

In fact, it’s the smallest water utility in Jefferson County falling under the new source water protection plan requirements. Those plans contain six things:  a management plan, a contingency plan, engineering details, an inventory of potential sources of significant contamination, a communication plan, and an early warning monitoring system.

For larger water utilities – like the Morgantown Utility Board which serves 25,000 customers – those requirements were easy to meet.

“You know the honest answer is, it’s as tough as the utility chooses to make it,” explained Tim Ball, MUB’s general manager, “We made it tough on ourselves. We imposed a high standard. We tried to include multiple scenarios, and we’ve committed to a level of preparedness that I’m pretty confident that most of the state has not committed to.”

MUB was the first water utility in the state to provide its new source water protection plan to the public for comment. But Ball’s feelings weren’t shared by every water system.

As lawmakers crafted those requirements in 2014, many small utilities cried out for help, saying the plans would be too expensive to draft and implement. So, the state is providing about two and a half million dollars for these smaller systems.

“The funding has been provided through a series of grants during 2015 and 2016 to assist in the development of various sections of the source water protection plans for about 116 of the 125 public water utilities,” said Rahul Gupta, the Commissioner for the state Bureau for Public Health.

Harpers Ferry Water Works was one of those 116 water utilities in the state that qualified for the aid. Still, Barbara Humes, Harpers Ferry’s water commissioner, says her town already had a source water protection plan in place dating back to 2011. She says updating for the 2014 requirements wasn’t as difficult as it could have been.

“It didn’t really scare us at all, it didn’t… All we had to do was dig through our data and develop a team,” Humes said.

Harper’s Ferry, the Morgantown Utility Board and 123 other water utilities are required to turn in their source water protection plans Friday. From there, the state Bureau for Public Health will review the plans and give them a final approval. But Rahul Gutpa says these documents won’t just be put away.

“It’s important to highlight that this is not a stale document that gets put on the shelf,” he noted, “It’s a dynamic, living and breathing document.”

Utilities will be required to renew their source water protection plans in three years.

Trial Delayed Involving Lawsuit in West Virginia Chem Spill

A federal judge is delaying the trial involving a lawsuit filed against a water company and a manufacturer that sold a chemical to a company involved in a massive spill in Charleston.

The Charleston Gazette-Mail reports U.S. District Judge John Copenhaver told attorneys during a monthly status hearing last week he would need more time to review and rule on several motions. The trial had been scheduled to start July 12.

No new trial date was set. Copenhaver set another status hearing for June 10.

The class-action lawsuit was filed by residents and businesses against Eastman Chemical, West Virginia American Water and its parent company, American Water Works, over their roles in the January 2014 spill.

Eastman produced the coal-cleaning agent that leaked from a Freedom Industries tank.

Communities Encouraged to Learn about Source Water Protection Plans

After a chemical spill in the Kanawha Valley left more than 300,000 people with contaminated drinking water for days, state lawmakers passed legislation in an effort to prevent a similar crisis. One part of that legislation requires most water utilities in the state to draft source water protection plans – with public input. West Virginia Public Broadcasting attended a public forum in Shepherdstown Thursday night aimed at educating the community about the plans.

In the grand ballroom at the Clarion Hotel in Shepherdstown Thursday evening, dozens of community members were playing “water” jeopardy. They were learning about West Virginia source water protection plans.

These plans have to be drafted by most water utilities by July 1, 2016. The plans require six things: a management plan, a contingency plan, engineering details, an inventory of potential sources of significant contamination, a communication plan, and an early warning monitoring system.

It’s a lot to take in, but anyone can access the information about the requirements online.

And a big part of these plans is getting input from the public.

Angie Rosser is the Executive Director of the West Virginia Rivers Coalition. She’s been hosting forums like this one across the state to help educate West Virginia communities about the source water protection plans and what they can do to help mold them.

Shepherdstown was the fifth of six stops.

“As community members, we have a stake in the decisions made around water that we are part of the solution,” Rosser explained, “I mean, I’m interested in this being very solution oriented. Yeah, we have to face what are the scary things that could harm our water, but really the planning, the source water protection plan is, okay we know about it, what are we going to do about it? How are we going to minimize the threat of contamination?”

The management area in the plans is one of the six areas where residents can help the most. Community members can do things like correctly dispose of old cleaning chemicals instead of pouring them down the drain. They can dispose of old medications on special days rather than flushing them down the toilet. Community members are also encouraged to report any spills or accidental discharge to the West Virginia Department of Environmental Protection.

Abigail Benjamin has six kids, ranging in age from 1 to 13, and she’s a resident of Martinsburg. She says the forum showed her ways she and her family can conserve water.

“I’m inspired to really make those changes, and I’m really inspired to talk to my neighbors, because I think we’re a small group here, but there are a lot of people who are interested in this issue,” she said.

Angie Rosser, of the West Virginia Rivers Coalition, says there are still lots of steps for communities in the state to take, but she says we’re headed down the right path.

“The Legislature in 2014 were very serious, and the 300,000 people who lost their water were very serious that something needed to change; a fundamental shift,” Rosser noted. “And as the water crisis fades in distant memory, I mean, the question will be is that fundamental shift, has it happened? Are we better off? I answer that question, yes, we know more, we’re aware more, you know, I have to be hopeful.”

Also on Thursday night, the Morgantown Utility Board presented its draft source water protection plan. It’s the first utility in the state to present its plan, according to the Department of Health and Human Resources, which hosted the public meeting and comment session.

Water utilities will hold such meetings around the state in the next few weeks as they work to meet the July 1st deadline to file their own plans.

Former Freedom Industries Executive's Financial Information Being Scrutinized By Federal Judge

A judge says he wants more information before he’ll approve a class-action settlement stemming from a 2014 chemical spill in West Virginia that contaminated drinking water supplies.

The case involves Kanawha Valley residents and businesses and two former top officials from Freedom Industries.

The Charleston Gazette-Mail reports that U.S. District Judge John Copenhaver told lawyers in the case Friday that he wants more details about the finances of one of the former Freedom officials — longtime company co-owner Dennis Farrell.

The judge also wants more details about whether Farrell and former Freedom President Gary Southern remain targeted in any other lawsuits that also could be settled.

The judge told the attorneys to get back to him about those matters by May 13.

Second Ex-Official Gets Probation, Fine in Chemical Spill

A former owner of Freedom Industries has been sentenced to three years of probation and a $20,000 fine for a 2014 chemical spill that fouled the drinking…

A former owner of Freedom Industries has been sentenced to three years of probation and a $20,000 fine for a 2014 chemical spill that fouled the drinking water supply of 300,000 West Virginians.

Charles Herzing was sentenced Tuesday in Charleston federal court. He’s the second of six former Freedom officials to be sentenced on pollution charges.

The spill of thousands of gallons of the coal-cleaning agent MCHM into the Elk River contaminated drinking water for residents in nine counties for up to 10 days.

Robert Reynolds, Freedom’s former environmental consultant, was sentenced Monday to three years of probation and a $10,000 fine.

Former Freedom plant manager Michael Burdette and the company itself will have separate sentencings Thursday.

Other former company officials will be sentenced later this month.

Hearing Slated in Chemical Spill Cases Ahead of Sentencing

A federal judge has scheduled a hearing leading up to several criminal sentencings surrounding a massive chemical spill.On Tuesday, U.S. District Judge…

A federal judge has scheduled a hearing leading up to several criminal sentencings surrounding a massive chemical spill.

On Tuesday, U.S. District Judge Thomas Johnston in Charleston scheduled the Jan. 27 hearing in the Freedom Industries cases.

Johnston wrote that the hearing will discuss the factual and legal basis for all pleaded offenses in the cases.

In January 2014, a tank at Freedom Industries in Charleston leaked chemicals into the drinking water supply for 300,000 people. The spill caused a tap-water ban for days.

Sentencings are scheduled in February for former Freedom officials Gary Southern, Dennis Farrell, William Tis, Charles Herzing, Robert Reynolds and Michael Burdette, and the company itself.

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