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Kanawha County to file lawsuit against WVAWC, former Freedom officials

CHARLESTON, W.Va. — As the two-year anniversary of the Freedom Industries MCHM spill into the Elk River approaches Saturday, the Kanawha County Commission filed a lawsuit Friday afternoon for expenses incurred in the crisis.

The spill contaminated the drinking water of about 300,000 residents in nine West Virginia counties. The commission is suing West Virginia American Water Company and its parent company American Water for $250,000, as well as Freedom Industries officials Gary Southern and Dennis Farrell

“Kanawha County had over a quarter of a million dollars in direct expenses just related to the operation of our emergency operation center,” explained Commissioner Dave Hardy. “So we’re seeking at least (250,000).”

Hardy said the City of Charleston, the Charleston Convention and Visitors Bureau, and the Kanawha-Charleston Board of Health would be co-plaintiffs in addition to the commission.

“The county was stretched to the hilt during that time,” Hardy recalled. “Our emergency operations center was activated. We had a number of expenses directly related to the event.”

Hardy said the county had to wait to file the suit until the Freedom Industries bankruptcy case was fully resolved.

Kanawha County did receive some FEMA recovery funding since the spill.

“We are filing this afternoon on behalf of Kanawha County. The City of Charleston and the Charleston CVB is filing as well,” said Hardy.

Hardy expected the lawsuit would be released by Monday.





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