On Thursday, January 9, 2014, residents of the Kanawha Valley in West Virginia learned that a chemical used to clean coal, 4-Methylcyclohexanemethanol (a.k.a., MCHM), had been spilled into the Elk River, upstream of a primary water supply. The company responsible for the spill was Freedom Industries. Many had suspected there was a problem all day in "Chemical Valley," as there was a notable licorice scent in the air, a scent we later learned was MCHM. A strict "Do Not Use" order was sent from West Virginia American Water, effectively cutting water off for 300,000 people. Schools were closed, restaurants and other businesses shut down, and medical procedures were postponed as we were told the water was only safe for flushing toilets.
Dear Delegate:
I am writing to you today as your constituent, as a father. and as a sometimes-proud West Virginian to ask you to support the "Water Bill" that came from the Senate (SB373).
I say "sometimes-proud West Virginian" because frankly, there are times I am deeply ashamed at the leadership of our state. Following our legislature can be a depressing exercise at times. The body seems reactionary at best and plagued by political pandering. I remember that there were over thirty bills introduced last year designed to protect our "gun rights." I cannot remember a single piece of legislation discussed related to water quality, though every member of that body knew that chemical plants dotted our river valley and that there had already been major chemical incidents in the last three years.
Disheartening, too, has been the rush by our leadership to defend the coal industry's connection to this incident at all costs. As I am sure you are aware, MCHM is used in preparation plants for the cleaning of coal. That alone makes this issue "coal-related." But apart from that, the question on many of our minds is, "Why do 300,000 residents of a rural state like West Virginia use the same water source?" The answer, at least partially, has to do with the fact that coal slurry has polluted the water table in many rural areas. Coal companies have done this with impunity as our leadership has kowtowed to every demand from that sector.
Also of concern is that many of us now get water from for-profit corporations like American Water, instead of traditional public service districts. While it may be that privately-held companies can provide more efficient service, it is also obvious that they will put profits ahead of serving West Virginians. Clean water and air are basic human rights. It is clear from the actions of West Virginia American Water that they do not believe this. Our water bills this month have increased significantly, in spite of the fact that WVAW has been unable to provide a safe, quality product.
Many of us are further angered that it appears that Freedom Industries will be given chapter 11 protection to "re-organize," rather than simply liquidating and ceasing business in our state. As has been seen by their continued failure to safely store MCHM in Nitro, this company will seek to skirt any regulation they can. If a foreign power did to our water supply what Freedom had done, we would call it an act of terrorism. Instead, our laws will protect them and their leadership from any criminal penalty.
The attitude regarding this incident, as with most industrial catastrophes in our state, has been, "Privatize the profits; socialize the liabilities." Although I hope you will support the "Water Bill," it is bit like shutting the barn door after the horse has bolted. We need leadership in our state that does not simply react to crises, but anticipates the needs of our people. We need leadership that puts our people above the profits of the fossil fuel industry, much of which leaves our state.
I urge you to act and I urge you to be part of the change we need in the Mountain State.
Regards.
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