CHARLESTON, W.Va. — Consumer advocate Erin Brockovich told a community forum Monday night in Charleston a class-action lawsuit would be filed this week against West Virginia American Water Company for its role in the January water emergency that began when the chemical MCHM leaked from Freedom Industries into the Elk River in Charleston.
“They (WVAWC) are the gatekeeper and procedures were violated,” Brockovich told MetroNews before the forum at the Clay Center. “They should have been prepared, they weren’t. They had a carbon activation problem and they opened up the system and that chemical was still in it and it was delivered to each and every individual home.”
The lawsuit is being filed by attorneys that are working with Brockovich who is known for legal battles focused on environmental issues.
“We’re looking at possibly having a trust. We’ll have to address those that have actual medical issues but many of them have property issues,” she said. “They need to replace all of their filters and what’s behind the refrigerator, coffeemakers and businesses have a big cost there.”
Brockovich said there could be $5,000 in damages for each of the 100,000 customers in parts of nine counties served by West Virginia American Water’s Kanawha Valley plant.
The state issued a Do Not Use order a few hours after the leak of MCHM was discovered on Jan. 9. WVAWC urged its customers only to use the water for toilets until the entire system could be flushed through. Thousands of water quality tests were taken, the company eventually was able to lift the order zone by zone a few days after the emergency began.
Brockovich maintained Monday the water company should have known what was in the tanks at the Freedom Industries property just up the Elk River from the water plant.
“Your intake valve is right there downstream from a chemical company, but you weren’t prepared,” she said. “I think that’s what aggravates the American people. They have safety procedures in place and they failed.”
Brockovich’s group isn’t going after the bankrupted Freedom Industries.
Some of Brockovich’s legal battles last for years but she said she doesn’t think that will be the case with this lawsuit. She said focusing on “recoverable property damage” should speed up the process.
The state Public Commission is in the midst of a general investigation focusing on the water company’s response to the crisis.
WVAWC released the following statement late Monday night:
“West Virginia American Water is vigorously contesting all lawsuits filed against the company as a result of the spill caused by Freedom Industries. The company did not cause the spill, responded swiftly and appropriately to the spill given the circumstances, and worked diligently to restore full water service to its customers and the community. West Virginia American Water will also contest any new lawsuits filed.”