Governor Tomblin will introduce, perhaps as soon as today, legislation aimed at preventing another water contamination disaster in West Virginia.
300,000 customers of West Virginia American Water Company were told not to use their water (except for flushing the toilet or putting out fires) on Jan. 9th after a chemical leak in the Elk River 1.5 miles from the treatment plant intake.
The order created hardship in a nine county region, closing schools and businesses and forcing people to queue up for fresh water supplies. Even though the order has been lifted, many remain suspicious of the water supply.
“I’ve directed my legal team to work with the DEP to draft legislation to help prevent this type of crisis from happening again,” Tomblin said. The legislation will have a three prong approach: identify, prioritize and regulate.
First, the administration wants to inventory the source water points throughout the state and determine what is upstream that could threaten the water supply.
Some of this work is already done. Years ago, the state implemented the Source Water Assessment and Protection Program that identified water systems throughout West Virginia and the possible threats to them.
For example, the Kanawha Valley report in 2002, prepared by state health and environmental officials, looked at the Elk River and concluded it was highly susceptible to contamination. The survey identified 46 commercial and industrial sites that were potential sources of contamination. However, the survey stressed the findings were incomplete.
“A detailed risk-assessment of the PSCS’s (potential significant contamination sources) was beyond the scope of this survey because of minimal data and resources,” the report said. “Local decision makers should do the detailed risk analysis because they are better suited to make the bridge from assessment work to protective strategies.”
So the state has a starting point. From there, Tomblin’s bill sets out to prioritize the risk. That makes sense because of the size of the watersheds. For example, the risk assessment determined nearly 6,000 acres to be in the zone of critical concern just for the Elk River. It makes sense to start at the source point for the water and work upstream or determine what potential contamination sources pose the greatest threat.
Third, the Governor’s legislation will regulate. Above ground storage tanks are not currently subject to permitting or inspection. DEP Secretary Randy Huffman has said the tank that leaked MCHM into the Elk and its shoddy secondary containment wouldn’t have met the most basic requirements.
This ordeal has triggered many questions about how the the emergency was handled. The Governor adds that public water systems must have proper contingency plans in place.
This legislative session started without a significant sense of purpose, primarily because of election year politics and Governor Tomblin’s modest agenda. The unprecedented contamination of the water supply and the subsequent fallout should now refocus the Governor and lawmakers on accomplishing something meaningful that will protect one of the state’s most precious commodities.