Grand Jury Heard W.Va. DEP Workers on Chemical Spill

An official says two state air quality employees have appeared in front of a federal grand jury about the West Virginia chemical spill.
 
     State Department of Environmental Protection spokesman Tom Aluise confirmed Tuesday that they testified several weeks ago in Beckley.
 
     Aluise did not provide further details.
 
     U.S. Attorney Booth Goodwin’s office announced an investigation into the Jan. 9 spill the day after it occurred.
 
     Goodwin says 15 to 20 agents from the FBI and Environmental Protection Agency were at Freedom Industries on Jan. 28. The officials spent the day investigating the inside of the tank that leaked and other components of the Freedom facility.
 
     Several other state and federal agencies are looking into the spill from the company that contaminated 300,000 people’s running water for days.
 

W.Va. Tax Collections Up in January

For the first time this fiscal year, state tax collections in West Virginia have exceeded monthly projections.
 
     Deputy Revenue Secretary Mark Muchow tells media outlets that despite the surplus of $8.4 million in January, collections through the first seven months of the fiscal year are $73 million less than anticipated.
 
     Collections in January totaled $391.7 million. Muchow says that included $15 million in taxes that were due Dec. 31 and were posted as January revenue.
 
     Personal income tax collections were about $2.2 million ahead of January’s projections, while sales taxes were $2.3 million below expectations.
 
     Overall, yearly collections are down 1.1 percent compared with the same time a year ago.
 

Video: U.S. Senate Hearing on W.Va. Chemical Spill

Watch video of the U.S. Senate subcommittee hearing testimony on the West Virginia chemical spill held February 4.

 
 The Committee on Environment and Public Works’ water and wildlife subcommittee convened Tuesday on the spill that left 300,000 people without clean water for days.
 
Scheduled to testify:

  • West Virginia Secretary of State Natalie Tennant
  • West Virginia Department of Environmental Protection Secretary Randy Huffman
  • Natural Resources Defense Council official Erik Olson
  • Putnam Public Service District General Manager Michael McNulty
  • Lawyer Richard O. Faulk
  • Vice President of Government Affairs, International Liquid Terminals Association Peter Weaver

Senator Jay Rockefeller:

“Industry will resist any new regulations or stronger enforcement measures.  It’s an isolated incident in West Virginia, they will argue.” 

“Agencies in charge of oversight do not need more resources, some will claim.  In fact, Republicans have purposely sought to starve certain agencies of funding so they cannot do their job adequately.  We continue to pay a price for this cynical strategy, ” Rockefeller added.

Congresswoman Shelley Moore Capito:

Capito criticized the CDC for giving the “all clear” threshold of 1 parts per million of MCHM in the water and then advising pregnant women not to consume the water if levels were detected at all. She also took issue with the frequency that information was passed along to the public throughout the ordeal.

“The other thing is this slow bleed of misinformation. It comes out first that you can drink the water, maybe not, then a week later – it might have even been more than a week later – it comes out that there was not just one chemical in the water, of MCHM, there was another chemical that in the water at the same time that was leaked into the Kanawha Valley,” said Capito.

Senator Joe Manchin:

Manchin touted a bill moving through the U.S. Senate in response to the spill known as the Chemical Safety and Drinking Water Protection Act. The bill is co-sponsored by Rockefeller, as well as Sen. Barbara Boxer of California.

“Our bill would require regular state inspections of all above ground chemical storage facilities and more frequent inspections of those facilities located near drinking water sources,” said Manchin at the hearing. 

“It sets minimum federal standards that chemical facilities must meet – including construction and leak detection requirements, fail safe containment standards, the development of emergency response plans, and financial responsibility requirements.”

Democratic Sen. Ben Cardin of Mayland says he thinks the bill has a “pretty good” chance of passing. But House Speaker John Boehner has said there are enough regulations on the books.

The U.S. House Transportation and Infrastructure Committee will hold its counterpart hearing in Charleston on Feb. 10. The committee includes two West Virginia members. They are the committee’s top Democrat, Rep. Nick Rahall, and Republican Shelley Moore Capito.
 

Figure in W.Va. Corruption Probe Wants Trial Moved

A central figure in the federal corruption investigation in Mingo County wants his trial moved out of the county.
 
     Lawyers for 65-year-old George White of Delbarton say their client can’t get a fair trial in Mingo County.
 
     The Charleston Gazette reports that White’s lawyers filed a motion last week in Mingo County Circuit Court requesting a change of venue.
 
     Former Mingo County prosecutor Michael Sparks has pleaded guilty to depriving White of his constitutional rights. Former Mingo County Circuit Court Judge Michael Thornsbury has pleaded guilty to conspiring to deprive White of his rights. They were charged in a scheme to protect the late Sheriff Eugene Crum from revelations that Crum bought drugs from White.
 
     White’s lawyers say Thornsbury and Sparks held significant political influence in Mingo County.
 

Cabell Judgeship Vacancy Temporarily Filled

Two senior status judges will temporarily fill a judgeship in Cabell County until the governor appoints a permanent replacement.
 
     West Virginia Supreme Court Chief Justice Robin Davis on Monday appointed James O. Holliday and John S. Hirko to temporarily replace Cabell County Circuit Court Judge David Pancake.
 
     Pancake retired last week.
 
     Holliday will preside over Pancake’s docket from Feb. 10 through Feb. 18. Hrko will then serve from Feb. 19 until Gov. Earl Ray Tomblin appoints a replacement.
 
     Davis’ order says Holliday would preside over the docket if Hirko is unavailable to serve.
 
     Cabell County Chief Circuit Judge Paul T. Farrell tells The Herald-Dispatch that he will preside over Pancake’s docket this week.
 

Water Distribution Information for Kanawha Co.: Tuesday, February 4, 2014

Bulk Water Tankers – Bring Your Own Container Locations

  • Crossings Mall – Elkview
  • Walmart Parking Lot – Quincy
  • Old Big Sandy Parking Lot – Cross Lanes
  • Shawnee Park – Institute

Editor’s Note: Officials with Kanawha County said Monday that winter weather has affected the ability to offer more bottled water at this time. We will update this post once again if announcements are made about bottled water distribution or if bulk water supply locations are changed.

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