During a two year span, South Carolina regulators found evidence that radioactive pollution was tainting the drinking water in a small community north of Columbia.
But after documenting radioactivity in a major supply well, the S.C. Department of Health and Environmental Control recently chose not to fine the Jenkinsville Water Co.
It was the third time since 2010 that DHEC had identified radioactive pollution above safe drinking water standards and decided against fining the water company, records show.
Now, critics of the the Jenkinsville Water Co. are asking why. They say fines — or other penalties that sting — are the best ways to get the company’s attention. The more than 40-year-old water system serves about 2,500 people in Fairfield County near Lake Monticello.
“They should have been’’ fined,’’ said Fairfield County Council member Bertha Goins, a critic of the Jenkinsville Water Co. “That is the only way they are going to come into compliance. It boils down to keeping the public safe. As long as they are not fined, they will continue this.’’
Matt Mattoon, a Jenkinsville customer who owns a home near Lake Monticello, said DHEC should have at least shut down a well that registered the elevated radioactive pollution levels. But Mattoon said DHEC is reluctant to push the issue for fear that the Jenkinsville Water Co. will take legal action.
“DHEC is afraid of a lawsuit,’’ Mattoon said. “Something stricter needed” to be done.
A Jenkinsville Water attorney said DHEC didn’t fine the company because the water system didn’t do anything wrong. The water company had challenged the accuracy of tests showing radioactive pollution in 2018 and 2019. DHEC says the tests were accurate, but the water is now clean.
Concerns about DHEC’s enforcement against Jenkinsville are part of a larger issue in South Carolina: whether DHEC should fine or heavily penalize small utilities when they violate safe drinking water standards. The agency argues that small utilities can’t afford to pay fines. So regulators look for other ways to help utilities fix the problems, DHEC says.
Others say fines could be used in some cases. Or orders to resolve problems could be tied to tougher enforcement measures, such as the state taking over a water system.
“I don’t think DHEC can continue to dodge achieving compliance through ineffectual consent orders that simply ignore past’’ problems,” said Bob Guild, a veteran environmental lawyer who has dealt with DHEC for more than three decades. “Just don’t continue to condone non compliance.’’
An investigation by The State found widespread problems with South Carolina's drinking water systems. Here is what you need to know. By Ashlen Renner
In the Jenkinsville case, DHEC says a fine wasn’t warranted because radioactive elements naturally occur in groundwater in the Jenkinsville area. And the department says the water no longer contains levels of radioactivity above federal and state drinking water standards.
The pollution is not believed to have come from the V.C. Summer nuclear plant in Fairfield County, but from the breakdown of naturally occurring radioactive elements in rocks and soil.
“When a water system has an initial violation for a naturally occurring contaminant, it has done nothing negligent, or otherwise, to cause the violation,’’ DHEC spokeswoman Laura Renwick said in an email Wednesday.
“Assessing a penalty in such a case does not accomplish a beneficial outcome and could penalize the system’s customers who could have to pay the penalty via their water bills. If such a violation reoccurs and the system does not move to remedy it and return to compliance, penalties would come into play.’’
Even when radioactivity naturally occurs, state regulations still require water systems to filter out the contamination. That sometimes can be expensive, depending on the circumstances.
DHEC, which is responsible for protecting public health and the environment, issued a notice of violation against the Jenkinsville Water Co. last summer, citing the company for having water with elevated gross alpha levels, a measure of radioactive contamination. Records show the company exceeded the safe drinking water standard for gross alpha during three different compliance periods from January 2018 to June 2019.
The agency also launched enforcement cases in 2010 and 2014 against Jenkinsville over radioactive contamination. But in both cases, DHEC chose not to fine the company if Jenkinsville resolved the problems, according to agency enforcement records. The 2010 case resulted from excessive uranium in the water. The 2014 case was for radium and gross alpha violations.
Jenkinsville officials hotly dispute questions about the drinking water, saying the system is the victim of misguided complaints. The Jenkinsville company, which has won awards for the taste of its water, threatened to sue Goins after she complained about the water earlier this year. No suit has been filed.
DHEC cut the deal with Jenkinsville following questions by the utility about the accuracy of recent pollution tests that showed radioactivity in the water, according to the November consent agreement. The water is safe, an attorney for the water system said Wednesday.
“They had a hard time in this case fining us because of the questions that we raised about the accuracy of the test results,’’ T. Jeff Goodwyn, an attorney for the water company, said. “I think to have fined us, they would have had to have found we were in violation.’’
Despite Goodwyn’s questions about the test results, Renwick said DHEC stands by the accuracy of its tests.
The Jenkinsville Water Co. is among hundreds of small utilities across South Carolina that have had difficulty complying with safe drinking water laws in recent years, The State reported in its “Tainted Water’’ series last spring. Many small water systems are understaffed, poorly funded or have little expertise, but DHEC often goes lightly on them, the newspaper reported. Hundreds of thousands of people are at risk of drinking polluted water, the newspaper reported.
This story was originally published December 19, 2019, 12:09 PM.
803-771-8537
Sammy Fretwell has covered the environment beat for The State since 1995. He writes about an array of issues, including wildlife, climate change, energy, state environmental policy, nuclear waste and coastal development. He has won numerous awards, including Journalist of the Year by the S.C. Press Association in 2017. Fretwell is a University of South Carolina graduate who grew up in Anderson County. Reach him at 803 771 8537.