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Kanawha County residents learn more about chemical spill settlement

CHARLESTON, W.Va. — Kanawha County residents met Tuesday to learn more information about the possible claims in a court settlement related to the 2014 Elk River chemical spill.

Details were released April 27 regarding the settlement of a class-action lawsuit between plaintiffs and West Virginia American Water and Eastman Chemical Company. Out of the more than $151 million settlement, $76 million would be set aside for direct payments for claims.

More than 300,000 residents across 9 counties were affected by the January 2014 spill.

One of the people at the meeting was Barry Rogers of Charleston. Rogers said he remembers seeing red spots on his body after getting out of the shower.

“Every time I get near that river, I get sick and a headache,” he said.

Kevin Thompson, federal class counsel on behalf of the plaintiffs, said payments for basic claims could be sent out by the end of the year if the settlement terms are approved by U.S. District Judge John Copenhaver Jr.

“The timeline is completely in Judge Copenhaver’s hands,” Thompson said. “I can’t really see checks going out until late this year.”

Thompson addressed a small audience at the University of Charleston. Advocates for a Safe Water System, an advocacy group in the Kanawha Valley, organized the meeting.

The proposed settlement would allow groups to apply for claims under two different forms, according to Thompson. With the simple form:

— Residential households could claim up to $525 plus an additional $170 per additional resident;
— Businesses could claim between $6,250 and $40,000 depending on the type of business and if it had to close during the water crisis; and
— Non-profits and other businesses could claim as much as $1,875.

Thompson said individuals can claim additional funds if there is evidence they were pregnant (an amount up to $1,500) during the spill, or if family members were injured (up to $1 million) or died (up to $750,000) because of contaminated water. He added this would have to go through an independent review.

“For the complex forms, you got to provide receipts, financial data, accounting or medical experts depending on the claim,” he said. “With the simple forms, just your signature and your basic information, and you’re going to get your check.”

Kevin Thompson addressing a small audience at the University of Charleston.

When asked what that basic information would be, Thompson said the last four numbers of one’s Social Security numbers.

West Virginia American Water would be responsible for putting in $126 million dollars for the settlement, and Eastman Chemical would have to contribute $26 million.

Gary Southern and Dennis Farrell, both former executives at Freedom Industries, would settle claims against them by putting forward $400,000. Freedom Industries oversaw the tank farm on the Elk River.

Southern spent one month in federal prison, six months supervised release and a $20,000 for his role in the spill of MCHM in the Elk River. Farrell was sentenced to 30 days in jail and a $20,000 fine.

Rogers said he expected larger payments.

“I was getting baby wipes every two or three days and had a gallon jug I poked holes in the top and used as a shower,” he said. “They (the defendants) should have been hurt a lot more by this.”

A maximum of $38 million will be given to the attorneys who represented the plaintiffs.

“About 12 or 13 law firms,” Thompson said.

A secondary theme of the meeting was the idea moving a majority of the county to a public water system. Advocates for a Safe Water System members spent the closing minutes of the meeting talking about the benefits of the change.

“That is primarily because of our experience trying to get information from West Virginia American Water,” said Karan Ireland, Charleston City Councilwoman and a steering committee member of the group. “We just think they have very different priorities than their customers.”

Ireland said leadership in some Kanawha County municipalities are warm to the idea, but not Charleston Mayor Danny Jones or the Kanawha County Commission.

“It would need to be a regional water authority,” she said. “There is a provision in the state code that allows for the creation of that.”

Ireland said while she doesn’t know exactly what the system would look like, she thinks it would be similar to the system currently treated by the Kanawha Valley Water Treatment Plant in Charleston, but under different ownership.





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