Residents to Get Share of $73 Million from Water Crisis Settlement

People affected by a 2014 chemical spill into a West Virginia river will soon receive their first batch of settlement checks from a class-action lawsuit.

U.S. District Court Judge John Copenhaver approved the distribution of the $73 million to nearly 200,000 residents and businesses.

Anthony Majestro is a lawyer for the residents and says the checks will go in the mail on Sept. 14 or Sept. 17. They’ll include an additional $1 million from former Freedom Industries President Gary Southern.

The residents and businesses sued after a chemical known as Crude MCHM spilled from a storage tank at Freedom Industries into the Elk River. It was upriver from a water plant in Charleston and people were told not to drink or clean with the water for days.

Claim Forms Being Accepted in West Virginia Chemical Spill

Residents and businesses in nine West Virginia counties left without tap water during a 2014 chemical spill can start filing claims.

According to a website set up to handle claims, forms were being accepted both online and by mail started Wednesday.

A federal judge last month tentatively approved a revised settlement to a class-action lawsuit over the spill that left up to 300,000 people without tap water for up to nine days.

In January 2014, a tank at now-defunct Freedom Industries in Charleston leaked thousands of gallons of coal-cleaning chemicals that got into West Virginia American Water’s treatment plant 1.5 miles downstream.

A final hearing on the settlement is scheduled for Jan. 9 in federal court in Charleston. The deadline for claims submissions is Feb. 21.

Judge Denies Water Crisis Legal Settlement, Asks for Changes

A federal judge in West Virginia has declined to grant preliminary approval of a $151 million settlement of class-action litigation stemming from the January 2014 water crisis, saying he wanted changes made to the deal.

Local news outlets report that Judge John T. Copenhaver Jr. issued a 93-page order Thursday, two months after court filings made public terms of the deal with West Virginia American Water Co. and Eastman Chemical.

The proposal would have distributed the money among residents, businesses and other entities like non-profit organizations whose drinking water was contaminated by the chemical spill at Freedom Industries, which affected more than 300,000 people in the Kanawha Valley.

Copenhaver raised concerns about how the terms awarded money, timeliness of the settlements and legal fees.

Both sides can refile an agreement.

DHHR Continues Source Water Protection Plan Hearings

Since July 1, the state Bureau for Public Health has been holding public hearings across West Virginia to discuss proposed Source Water Protection Plans.

The plans are the result of legislation approved after a 2014 chemical spill in Charleston left hundreds of thousands of people without usable drinking water for days.

Monday evening was the second time citizens in the Kanawha Valley—those who were directly impacted by the spill—were able to comment on their local plan.

The public hearing in South Charleston focused on West Virginia American Water’s proposal submitted this summer. The company is one of 125 utilities required to submit the proposals, and Scott Rodeheaver, Assistant Manager for the Source Water Protection Program at DHHR, says public hearings are being held to discuss each one.

“It varies from place to place what the exact issues are,” Rodeheaver said, “but I think the people that come are concerned about the long term quality of the water supply in their area.”

Only six people attended Monday’s hearing, including Phil Price. He’s a semi-retired analytical chemist who works with the Charleston-based group Advocates for a Safe Water System. Price claims West Virginia American Water’s plans are not adequate.

“Many, many, many, many of the hazards upstream from our intake are excluded from the plan,” Price explained. He points to Yeager Airport as one of those hazards. But Laura Martin, the company’s External Affairs Manager, says her utility is prepared.

“What is outlined in state law is a zone of critical concern and then a zone of peripheral concern, and if we feel that there are entities or aboveground storage tanks or other facilities located outside of those, we have included them in our plan,” Martin said.

The plans need final approval from the DHHR before taking effect.

Fed Scientists Finish Study of West Virginia Chemical Spill

Federal government scientists have released a final update of their study of the January 2014 chemical spill that temporarily fouled the drinking water supplies of 300,000 Charleston-area residents, reporting no significant new findings.

The Charleston Gazette-Mail cited the report Friday as finding “most of the spilled chemicals had no effects in the studies that were performed” after the spill of a coal-cleaning agent at a Freedom Industries site near the Elk River that year.

The work was conducted by the National Toxicology Program at the U.S. Department of Health and Human Services. The newspaper said scientists found any potential for negative health effects would only occur at significantly higher doses than residents would have had in their water under a health advisory set up after the spill.

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.

Exit mobile version