Wednesday, Jan. 23, 2008
State held off on AVX tests
DHEC deferred to firm 8 years ago
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closeS.C. officials told AVX Corp. as long as eight years ago to test for groundwater contamination at property adjacent to the manufacturer's headquarters, but the state backed off after AVX said all contamination from its use of a toxic chemical had been contained on the company's land.
The S.C. Department of Health and Environmental Control now knows that wasn't the case, and agency representatives say they should have been more insistent on testing rather than being swayed by the electronics manufacturer.
"It would have been nice if AVX had put in the off-site wells when they were requested," Carol Minsk, a DHEC geologist, told Myrtle Beach City Council on Tuesday.
Minsk and other DHEC officials met with council members to update them on tests that will determine the extent of groundwater contamination in a 10-block neighborhood north of AVX's headquarters on 17th Avenue South.
Trichloroethylene, an industrial degreaser that has been linked with cancer and other health problems, has migrated from AVX to groundwater in that neighborhood.
No AVX official attended Tuesday's meeting. Dick Rosen, chief executive at AVX from 1997-2001, declined to comment. Rosen would have been AVX's top executive at about the time DHEC said it first asked for off-site testing.
The apparent lack of concern by AVX officials and DHEC's lack of communication with the city has angered council members, who spent more than an hour Tuesday questioning the state agency's actions.
DHEC suspected contamination had spread beyond AVX's property "in the early 2000s," according to Minsk.
Minsk could not be more specific about the time period.
DHEC asked AVX at that time to test groundwater on property across the street from the manufacturer, but AVX "made the argument that their [cleanup] system was effective," Minsk said.
Results from test wells on the perimeter of AVX's property showed little or no TCE contamination, Minsk said, and "logic would tell you the contamination wasn't beyond those wells."
Minsk said DHEC also was at a disadvantage because AVX did not tell state officials about the contamination until 14 years after the manufacturer first tried to clean it up.
"We didn't know how much [TCE] had been spilled," she said, adding that such knowledge might have prompted DHEC to order the off-site testing. "Based on the data we had, it showed the contamination was contained."
City Attorney Tom Ellenburg questioned why DHEC had backed off from its stance that off-site testing was necessary.
"There must have been something there for DHEC to say, 'Let's go off-site'," Ellenburg said. "That's not a small decision to make, that's a big decision."
Ellenburg said DHEC should have tested despite AVX's assurances because the agency is the watchdog for public health and environmental issues.
"We have to rely on you guys," he said.
Minsk said the evidence AVX presented at the time was convincing, but in hindsight DHEC made the wrong decision.
"The request AVX made was accepted," Minsk said. "I'm sure [the tests] probably could have been insisted upon."
Council members scolded DHEC for failing to tell the city about contamination at AVX.
DHEC has known since 1995 that the manufacturer had high levels TCE in its groundwater, but city officials did not learn about the problem until reading reports in The Sun News in recent months.
Mayor John Rhodes said he also "can't believe the audacity" of AVX, which wants a judge to force homeowners in the contaminated neighborhood to help pay for testing and cleanup costs.
"One thing that really bothers me is the arrogance of AVX and their lack of consideration for our residents," Rhodes said. "I wish we could see AVX at one of these meetings. I guess they think it's better to stay behind closed doors."
AVX was leasing the off-site property that DHEC wanted to test and used it as a parking lot for employees for 25 years.
Horry Land Co. owned the property and said in a lawsuit filed in November that AVX dumped soil contaminated with TCE on the site. AVX denies that charge.
Horry Land learned contamination had spread from AVX after the lease expired in 2006. Horry Land wanted to sell the property and conducted environmental tests that showed the contamination.
Horry Land turned the results of its tests over to DHEC, which ordered AVX to conduct more tests in early 2007. Those additional tests showed TCE levels as high as 19,200 parts per billion on land adjacent to AVX. The Environmental Protection Agency says five parts per billion is the maximum safe level.
DHEC is overseeing additional groundwater tests in the 10-block neighborhood and in Withers Swash, which empties into the Atlantic Ocean. Those test results will be available in the coming weeks, and DHEC will meet with council members again on Feb. 12 to review the data.
To read more of The Sun News' series about contamination at AVX Corp., visit MyrtleBeachOnline.com and click "TCE Contamination" under the "Special Sections" tab.
AVX illegally dumped TCE into groundwater and the city's sewer system between 1981-95, according to DHEC, and the manufacturer tried to secretly clean up the contamination without telling state officials.
AVX told DHEC in 1995 that it had high levels of TCE contamination on its property. The manufacturer signed a consent order with DHEC in 1996, agreeing to clean up its property and pay a $7,000 fine.
Tests last year showed TCE levels of 19,200 parts per billion on land near AVX. The EPA says five parts per billion is the maximum safe level. A part per billion is a measurement equal to one penny in $10 million or one minute in 1,900 years.
DHEC says TCE has migrated through groundwater to a 10-block section north of AVX's headquarters at 801 17th Ave. S. That area is sandwiched between Beaver Road and Kings Highway.
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