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Villains behind W.Va. toxic spill are back spilling again

Villains behind W.Va. toxic spill are back spilling again

By on 20 Jan 2015commentsShare

Remember the guys who poisoned the drinking water of 300,000 West Virginians last January? They’re back polluting again.

Freedom Industries, the company that leaked a toxic chemical into the Elk River, declared bankruptcy just days after the spill. But some of the villains behind that environmental disaster formed a new company called Lexycon, which has been cited for environmental violations by state regulators eight times since September, according to the Associated Press.

Last month, six former officials of Freedom Industries were indicted by a federal grand jury for what the prosecuting attorney called “flagrant disregard for the law,” which ultimately resulted in the “completely preventable” spill near Charleston, W.Va. Here’s the last paragraph of the post I wrote about those charges:

But unfortunately, Freedom Industries has risen from the dead in a new form. In May, this new company called Lexycon LLC was registered as a business with the same addresses, phone numbers, execs, and even mission statement as Freedom. Uh oh.

Little did I know that even as I wrote those words, Lexycon was already busy racking up infractions “for pouring chemicals without a permit, lacking proper ‘last-resort’ walls to contain spills, and hosting tanker-trailers full of unknown chemicals, among other infractions.”

Even crazier, government inspectors found the same nasty “coal-cleaning” chemical that Freedom spilled last year, 4-methylcyclohexane methanol, even though Lexycon’s president had sworn to a federal judge that his company would not touch it. But the hammer has still yet to come down on these irresponsible handlers of super-dangerous substances. From the AP story:

So far, the strongest action the state has taken against Lexycon came in September, when regulators ordered the company to stop storing certain chemicals until it obtained a permit, which it eventually did.

For real, though, it’s time for the regulators to shut down this operation, which consistently fails to meet even the most basic requirements of the Clean Water Act, or even make a good-faith effort to comply. And let’s hope the Sixth Amendment right to a speedy trial is respected for former Freedom officials now associated with Lexycon, and they’re all locked up soon.

Source:
Company with chemical spill ties cited 8 times

, The Associated Press.

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Villains behind W.Va. toxic spill are back spilling again

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The men who poisoned Charleston’s drinking water now have a “new” business

The men who poisoned Charleston’s drinking water now have a “new” business

West Virginia University

“Freedom Industries, the company whose chemical leak contaminated the tap water of 300,000 West Virginians, will cease to exist once it goes through bankruptcy, but that doesn’t mean its executives are out of the chemical business,” according to an excellent investigative report by The Charleston Gazette.

A January spill of a coal-cleaning chemical from one of Freedom’s rusty tanks triggered a major crisis for Charleston residents, who had to find alternate sources of water. Roughly a third of them experienced negative health impacts from the polluted water, experts estimate.

But while Freedom Industries is technically going out of business, its leaders are quietly starting up again under a new name, as the Gazette explains:

Lexycon LLC, a chemical company whose characteristics are strikingly similar to Freedom Industries, registered as a business with the West Virginia secretary of state about a month ago.

The companies share addresses and phone numbers, Lexycon was founded by a former Freedom executive and it has ties to at least two other current or former Freedom executives. …

After the Gazette emailed [Kevin Skiles and Bob Reynolds, former senior Freedom employees who now work for Lexycon,] to ask if the new company was affiliated with Freedom, the two men’s names disappeared from the Lexycon website and a new phone number was listed in their place. …

The companies’ descriptions of their businesses match, almost verbatim. …

Freedom Industries’ logo appeared on Lexycon’s exhibitor page on the Coal Prep [conference] website Wednesday afternoon.

More than 60 lawsuits have been filed against Freedom Industries over the spill, but the plaintiffs shouldn’t count on payouts because the company is quickly running through its cash by paying its high-priced lawyers.


Source
Freedom execs tied to new chemical company, Charleston Gazette

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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The men who poisoned Charleston’s drinking water now have a “new” business

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No rules governed tank that leaked coal-cleaning poison into W.Va. river

No rules governed tank that leaked coal-cleaning poison into W.Va. river

The National Guard

The National Guard delivered emergency water supplies in West Virginia after Freedom Industries ruined the regular water supplies.

The Jan. 9 spill of as much as 10,000 gallons from a steel tank next to the Elk River didn’t just poison water supplies relied upon by 300,000 West Virginians. It revealed holes in state and federal safety rules big enough to drive hazmat-loaded trucks through.

The tanks that Freedom Industries uses to store chemicals at its facility in Charleston are more than 50 years old, and company officials knew that chemicals were being stored in them in ways that did not meet industry or EPA standards.

Environmental consultants audited storage drums for the company late last year, but never inspected the drum that leaked and contaminated water supplies. Its contents — a toxic, little-understood coal-cleaning stew of 4-Methylcyclohexane methanol and something the company calls stripped PPH – were considered nonhazardous under federal law. Still, if anybody had cared to check, they would have discovered that a leak from the aging drum could flow straight through gravel and cinder blocks and into the river.

That’s according to congressional testimony by Rafael Moure-Eraso, chair of the U.S. Chemical Safety Board.

State of West Virginia

Here are the holes in Freedom Industries’ leaky tank.

“While there are laws prohibiting polluting to waterways with a spill, there are not really any clear, mandatory standards for how you site, design, maintain, and inspect non-petroleum tanks at a storage facility,” Moure-Eraso told the House Transportation and Infrastructure Committee during a hearing on Monday. “Under existing state and federal laws these tanks, including tank 396, were not regulated by the state or federal government.”

You probably want some kind of an explanation from Freedom Industries about its sloppy chemical-storing practices. But bad luck, because its officials skipped the hearing, even though it was held right in Charleston. The Huffington Post reports:

Freedom Industries, which owns the storage facility that leaked chemicals into the Elk River, did not have any representatives at a hearing of the House Transportation and Infrastructure Committee held in the state capital Monday morning. The company’s president, Gary Southern, had been invited to testify. …

“The one empty seat … belongs to the one entity at the epicenter of all this,” said Rep. Nick Rahall (D-W.Va.), “the one who totally blew it.” …

A representative for Freedom Industries referred questions on the company’s absence at the hearing to its lawyer, Paul Vey. Southern did not attend the hearing, Vey said, “simply because the company is relatively small and we are focused exclusively on remediation of the spill.”

And you probably want to know whether the water supplies are now safe. Again — bad luck. There’s no straight answer. That’s partly due to the fact that so little is known about the chemicals that spilled.

“That’s in a way a difficult thing to say because everyone has a different definition of safe,” state safety official Letitia Tierney told representatives when she was asked whether the water is now safe.

Meanwhile, ThinkProgress reports that West Virginians have begun receiving exorbitant water bills — the price of flushing poisonous water out of their plumbing systems. West Virginia American Water has promised discounts to help residential customers meet the costs of flushing 500 gallons of water apiece. But those discounts have been missing from recent bills.


Source
CSB Testimony from Transportation and Infrastructure Field Hearing on Charleston, WV Chemical Spill, U.S. Chemical Safety Board
The Company Behind West Virginia’s Chemical Spill Skips Congressional Hearing, The Huffington Post
Still No Answer if Water is Safe, WSAZ

John Upton is a science fan and green news boffin who tweets, posts articles to Facebook, and blogs about ecology. He welcomes reader questions, tips, and incoherent rants: johnupton@gmail.com.

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No rules governed tank that leaked coal-cleaning poison into W.Va. river

Posted in Anchor, FF, GE, LAI, LG, ONA, solar, Uncategorized | Tagged , , , , , , , , , , , | Comments Off on No rules governed tank that leaked coal-cleaning poison into W.Va. river