Upset Denmark residents sue town for putting unapproved chemical in drinking water
A decade of injecting a little known and unapproved chemical into Denmark’s drinking water has landed the small Bamberg County town in court.
Three residents concerned about how the chemical might affect their health sued the town Thursday, seeking damages for what they call “defective water’’ piped to their homes. The suit, the first of others expected over use of the chemical, seeks class-action status, meaning any Denmark residents hurt by the town’s water system could be eligible for compensation.
The lawsuit, filed in state court late Thursday in Bamberg County, says the town told residents the water was suitable for drinking but did not deliver on that promise. The chemical compound added to the water, HaloSan, had not been approved for human consumption by the U.S. Environmental Protection Agency, the suit says.
Attorneys Bakari Sellers and Chris Wilson said Denmark residents deserve better drinking water than they are getting. Sellers, a former Democratic state representative from Denmark, said the case is especially important to him. The suit will give “the prisoners of environmental injustice’’ a voice.
“This is my home,’’ said Sellers, now a commentator with CNN. “Yeah, it has a special feel because I’m tired of people being hurt. I actually know how difficult this is for the city.’’
Reached late Thursday, Denmark Mayor Gerald Wright defended his town’s efforts to provide clean drinking water to its residents. Denmark had a number of drinking-water violations about eight years ago, but Wright says the town’s system is running well now.
The S.C. Department of Health and Environmental Control told Denmark the chemical was safe for use, even though the chemical was not federally approved.
“I don’t think there are any problems with the water system,’’ Wright said. “We used (HaloSan) in one of the wells for a period of time but we no longer use it. We didn’t select the chemical, it was recommended.
“We have followed the directions of the employees at DHEC. We’ve been consistent in our operations with what they have directed us to do.’’
If the town loses the lawsuit, it could have a difficult time paying damages. Denmark has a population of about 3,000, with a combined general fund and utility budget of just more than $2 million. But the suit hints that other government agencies also may be brought into the lawsuit, or at least be expected to pay damages. A footnote says Denmark is “free’’ to bring DHEC into the lawsuit.
In an interview with The State before the suit was filed, DHEC water bureau chief Mike Marcus said the use of Halosan likely did not hurt residents’ health. The chemical has been approved for use by a safety organization that examines the suitability of chemicals for drinking water.
The active ingredients in HaloSan are similar to ingredients in other approved water additives, DHEC says.
The suit alleges breach of contract and breach of implied warranty, adding Halosan is a disinfectant commonly used in pools and spas. It says the chemical, which is manufactured in South Carolina, has not undergone the necessary evaluations for approval under the U.S. Environmental Protection Agency’s registration process.
“The EPA cannot confirm the safe use of the chemical for disinfection of drinking water,’’ the suit says. “Moreover, the EPA has not provided .... any data regarding whether HaloSan can disinfect drinking water without harm to people or the environment.’’
The suit says HaloSan was added to make Denmark’s water appear clean and to regulate naturally occurring bacteria that causes red stains in the water. The suit also says “it does not appear the defendant regulated the dosage of HaloSan.’’
Thursday’s suit, filed on behalf of Rosa James, Jessie Ray and Camille Hodge Sr., may not be the only one to be filed.
The Harrell law firm from Charleston is contemplating a class-action suit and scheduled a meeting with residents Friday night in Denmark.
Marc Edwards, the Virginia Tech researcher who helped expose the Flint, Mich., water scandal, is collaborating with the Harrell firm.
Edwards blasted DHEC Thursday for calling Halosan safe. Edwards says HaloSan was not approved for regular use in drinking water. The material is used as a temporary measure to unclog iron slime from wells, he said.
“I find it disconcerting and indefensible,’’ he said of DHEC’s statement the compund was safe. He said the town and DHEC are among the agencies trying to blame others for allowing the use of the chemical in Denmark. Edwards was denied permission earlier this year by Mayor Wright to test the town’s wells for contamination.
“Who is taking responsibility for this?’’ Edwards asked. “This is just a classic screw up.’’
This story was originally published November 15, 2018 at 11:03 PM.