Federal and state investigations into the January 9, 2014 spill of 10,000 gallons of toxic chemicals into the Elk River in Charleston, West Virginia are focusing on the liability of Freedom Industries, the company that was storing the chemicals on the banks of the river.
But what of the liability of West Virginia American Water Company?
A class action lawsuit filed last month alleges that “West Virginia American Water Company failed to recognize and appreciate the risk presented by this facility’s presence just upstream from their intake, and should, at a minimum, have determined what chemicals were stored or processed at the site, assessed the risk they presented to the water supply and, at a minimum, secured an alternate water supply to use in the event of foreseeable emergency.”
The lawyers who are bringing the case are sure to want to probe the question — what did West Virginia American, its officers and directors, know and when did they know it about the chemicals stored at the Freedom Industries facility?
Who sits on the company’s board of directors? We put the question to West Virginia American’s Laura Jordan and Vanessa Turner.
Jordan and Turner did not respond to the request.
West Virginia American Water’s most recent filing with the West Virginia Secretary of State lists five members of the board of directors, including Robert S. Kiss.
Bob Kiss is the former Speaker of the House of Delegates and is currently a member of West Virginia Governor Earl Ray Tomblin’s cabinet. Kiss is Secretary of West Virginia Department of Revenue.
Kiss was appointed to West Virginia American Water’s board of directors in 2009.
Last month, Kiss filed a financial disclosure statement with the West Virginia Ethics Commission.
In it, Kiss claims 2013 income for serving on the board of West Virginia American Water (with an address at the law firm he worked for as a partner — Bowles Rice) but says that he resigned from the board effective July 1, 2013, the day he began to serve as Secretary of the Department of Revenue.
Public drinking water utilities are charged with being aware of upstream risks, taking their watershed risk assessment plans seriously, and regularly visiting those facilities that pose serious risk to make sure the risks are under control.
Governor Tomblin’s administration is now in charge of securing justice for the 300,000 residents of Charleston whose water was contaminated by the spill.
It’s incumbent on Tomblin — who in 2012 was the recipient of campaign contributions from West Virginia American Water — to be transparent about what other ties his administration has to West Virginia American Water. Kiss as a director of the company. Campaign contributions to Tomblin. What else?
And Kiss should come forward and tell the citizens of West Virginia — what did he know about the upstream risks and what was his company doing — or not doing — to safeguard Charleston’s drinking water supply from those risks?