Friday, Nov. 21, 2008

DHEC gives probe files to attorney general

The state’s environmental protection agency says it has completed a probe of illegal waste dumping in Swansea and forwarded the information to the S.C. Attorney General’s office.

“It is my understanding the investigation is continuing,” Department of Health and Environmental Control spokesman Thom Berry said Thursday.

But Columbia lawyer Lewis Cromer questioned why the agency had not made any arrests in the criminal investigation. Cromer is representing a former DHEC criminal investigator, who says in a federal lawsuit filed Wednesday that the agency caved to political pressure and backed away from the probe.

One-time investigator Christopher Phillips said in his breach of contract suit, filed against DHEC and three of its top officials, that agency officials stopped him from seeking arrest warrants because at least one state elected official complained to DHEC supervisors. The unnamed official was friends with the targets of the probe, according to the suit.

“They took away his investigative duties and refused to let him (serve) the warrants,” Cromer said of top DHEC officials.

Phillips said he was reassigned to another job at DHEC in August. Berry said DHEC sent the Swansea file to Attorney General Henry McMaster on Oct. 6.

Mark Plowden, a spokesman for McMaster, confirmed that his agency had received the case from DHEC.

Berry declined further comment on the probe, but said DHEC would “vigorously”’ defend itself in Phillips’ lawsuit.

DHEC investigators launched the Swansea probe more than two years ago after asbestos disappeared from an old building being demolished. The material is highly toxic and must be disposed of properly. It is unclear what happened to the asbestos.

Reach Fretwell at (803) 771-8537.

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