CHARLESTON, W.Va. — The Public Service Commission of West Virginia accepted a joint resolution regarding the 2014 Elk River chemical spill Thursday, closing the case.
The chemical MCHM leaked from a Freedom Industries, Inc. storage tank into the Elk River in January 2014. MCHM made its way into West Virginia American Water’s Kanawha Valley Treatment Plant, and ultimately into transmission, distribution and storage systems. The raw intake of the facility is approximately one mile from the site of the leak.
A “Do Not Use” order was issued to 100,000 utility customers, though the spill ultimately affected 300,000 people across nine counties.
Some of the terms of the agreement require West Virginia American Water to regularly update its Kanawha Valley System source water protection plan through public participation. The utility is also expected to file annual reports regarding potential sources of contamination and develop a plan in case of a similar emergency.
The joint stipulation was signed by West Virginia American Water, commission staff, the commission’s consumer advocate and a group of business interveners.
“We worked diligently and cooperatively with the other parties involved to address the numerous issues raised through this case and contributed to an extensive public record detailing our response to the 2014 Freedom Industries spill and providing information that can inform future actions,” a West Virginia American Water statement said.
“We agreed to this resolution because we believe it is in the best interest of our customers, our employees, and our company and allows our community to move forward with confidence.”
The utility also said it has made changes since the spill regarding source water protection.
According to the commission, the order also clarified the process for approving construction processes related to enhanced resiliency.
The commission also denied a request by Advocates for a Safe Water System to enter proposed findings of fact. The advocacy group did not sign the joint stipulation nor were opposed to it.