Wednesday, Oct. 29, 2008
AVX's action probed by MB
Officials investigating if firm had permission to dump contaminant
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closeMyrtle Beach officials are investigating whether they can take legal action against AVX Corp. because the manufacturer secretly dumped water contaminated with a toxic chemical into the city's sewer system for more than a decade.
AVX dumped water contaminated with trichloroethylene, or TCE, into the sewer at its 17th Avenue South facility from at least 1985 to 1996, according to a consent order the company signed in 1996 with the S.C. Department of Health and Environment Control.
City officials say they did not know about the problem until a few weeks ago.
Exposure to TCE, an industrial degreaser, has been linked to cancer and other health problem, according to the Environmental Protection Agency.
TCE contamination has migrated from AVX to groundwater in a 10-block section of Myrtle Beach, according to tests earlier this year. The contamination is not in the city's drinking water.
City spokesman Mark Kruea said he does not believe AVX received permission to dump the contaminated water, but Myrtle Beach officials still were reviewing documentation on Friday.
Kruea said a definitive answer could come later this week.
AVX officials did not respond to a request for comment.
"We are still researching and checking records, but I am not aware that this was allowed to occur or that the city was ever notified that it was occuring," Kruea said.
Kruea said he doubts AVX would have sought permission from the city because it didn't tell state regulators about the dumping until after the fact.
Mayor John Rhodes called the news "disturbing" and questioned why AVX, state and Horry County officials did not notify Myrtle Beach about the possibly illegal dumping.
Horry County received part of the $7,000 fine AVX paid when it signed the 1996 consent order. Myrtle Beach officials said the county never notified them about the payment or any environmental problems at AVX.
"Something happens within our city, affecting our residents, and we don't find out about it until 11 years later?" Rhodes said. "There had to be some kind of explanation to the county for why they were getting that check."
Horry County spokeswoman Lisa Bourcier said a note on the check stated that it was for a violation of the state's Pollution Control Act by AVX. There were no details about the violation or its severity, she said.
City officials did not learn about the dumping until recently, when decades of contamination problems at AVX were brought to the public's attention through a series of reports in The Sun News.
Rhodes said no one from AVX has talked to him about the contamination, and he questions why the manufacturer hasn't been more upfront with the city.
"I think if you're going to be a good neighbor, wouldn't you want to inform your city or county of a problem you know you have?" Rhodes said.
The consent order says AVX installed nine wells on its property from 1985 to 1987 to pump contaminated groundwater into non-contact cooling towers. Such towers are usually used by manufacturers to cool equipment, but they also can be a low-cost way to treat contaminated groundwater.
AVX installed additional wells in 1991 and 1992 for those purposes, according to the consent order.
After the water left the cooling towers, it was discharged into the city's sewer system, according to the consent order.
All of this was done without DHEC's knowledge or approval, the document states.
Environmental tests on AVX property in the late 1980s showed very high levels of TCE and similar chemicals in the groundwater - as much as 711,000 parts per billion. The EPA has set five parts per billion as the maximum safe level.
DHEC officials said last week the manufacturer's attempts to clean the pollution using cooling towers were only marginally effective.
The consent order says AVX also secretly excavated and removed contaminated soil from its property between 1981 and 1995. Some of that soil was spread out on the AVX site so the TCE would evaporate.
The trenches that were created by soil excavation also were left exposed on AVX property so TCE and other chemicals would evaporate, according to the consent order.
An adjacent property owner, Horry Land Co., accused AVX in a lawsuit filed earlier this year of dumping some of the contaminated soil on its property. AVX denies the allegation in court filings.
Thom Berry, a spokesman for DHEC, said the agency's policy is to notify a city's wastewater treatment facility by telephone whenever it becomes aware of illegal dumping.
"That has been our practice for years, and I can't imagine it would be any different in this circumstance," Berry said. "But I don't know if there would be an official record of who made the call or to whom or when."
The consent order said the TCE dumping was a violation of the state's Pollution Control Act. That law carries civil penalties of up to $10,000 for each day a violation occurs.
AVX paid a $7,000 fine for the dumping and other violations, but did not admit any wrongdoing in the consent order.
The Pollution Control Act also carries criminal penalties of up to two years in prison and a $25,000 fine for anyone who violates the law.
DHEC did not levy a criminal penalty in its consent order. State and city officials said Friday they are not certain whether criminal penalties now could be sought in this case.
Federal environmental laws also carry criminal penalties, although experts say such cases are rare.
"Civil penalties are generally considered more effective than criminal prosecutions, particularly because one can't put a corporation in jail," said Lenny Siegel, an EPA consultant and TCE expert.
Rhodes said the city's lawyer will investigate possible action the city can take and the City Council will discuss its options as soon as possible after the holidays.
"I think we need some get-up-and-go on this," he said.
To read The Sun News' series about contamination at AVX Corp., visit www.MyrtleBeach
Online.com and click on "TCE Contamination"
Exposure to TCE has been linked with cancer and other health problems, according to the Environmental Protection Agency.
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