When Your Water Goes Bad: 10 Steps to Take

  1. Talk to Your Neighbors
  2. Report the Problem as an Emergency
  3. Collect Evidence When You See It
  4. Have Your Water Tested
  5. Do a Community Health Survey
  6. File an Official Complaint
  7. Talk to People Who Have Faced this Problem
  8. Register People To Vote
  9. Know Your Rights
  10. Get the Facts

Contamination from coal waste has contributed to a long history of health problems in the Appalachian region.  Whether it is black, red, silted, or clear toxic water coming out of the faucet, or an unusual smell or color in the water running in a nearby creek, it’s up to you and your neighbors to protect your health and the health of your children. It won’t be easy and it won’t be quick, but here are a few steps you can take to clear the water and hold accountable whoever is responsible for sludging it up in the first place.

Step 1: Talk to Your Neighbors

Have they had similar problems?  Encourage them to take action with you.  Get everyone together and come up with a plan. It is best to have everyone take action together to get government officials to pay attention.

Step 2: Report the Problem as an Emergency

West Virginia Dept. of Environment Protection Emergency Spill Hotline: 1-800-642-3074

More than one person calling is helpful to give details of the situation from more than one perspective, so the DEP officials are prepared when they arrive.

National Response Center: 1-800-424-8802

This national hotline is open 24hrs/day. Calling this hotline ensures that the spill is documented federally. The operators will also contact the DEP to respond to the spill.

Call Your County Commission.

Check with local authorities to see if you can get emergency water delivered from uncontaminated local public water supplies until your community can organize a more permanent source of clean water.  Ask about community centers, fire departments, emergency services offices, etc., as possible providers of the emergency water.

Step 3: Collect Evidence When You See It

  • Take pictures and/or video to record bad water and visible health problems. Get the date, time and place on film (you can hold up the day's newspaper or take a shot of the TV displaying the date).  Be sure to make copies of the film and do not give away the originals.
  • Collect samples of bad water when you see it.   These samples will be the visual evidence that will help you explain the problem to neighbors, make your case in court, or persuade politicians to help you.
How to Collect a Sample of Water

Suggestion: Video record the process, so you can prove the source of your sample.

  • Rinse each jar several times using the water you will be sampling.
  • If the contamination is in a stream, take Sample ONE at the site of contamination, where the contaminated water is coming into the stream. 
  • Take Sample TWO 100 feet up stream.
  • Sample THREE about 100 feet down stream from the site of contamination.
  • Label and date each jar and put the jars in the fridge.   Then….

Step 4:  Have your water tested

  • Do this as soon after you collect the sample as possible.  People will understand the importance and be more willing to help if you can explain it with factual data.
  • Do this regularly.  Even if nothing shows up at first, having a history of what’s in your water will help in case it becomes contaminated, which is likely if you live near a coal mining operation.

Call a private lab to test your water

State labs in West Virginia only test for bacteria and not heavy metals.  Ask the lab to test for metals, pH, and corrosion – these are contaminants associated with coal sludge and acid mine drainage.  The EPA recommends you use a lab certified by the state.  However, some residents do not trust labs in their home state.

The National Center for Water Quality Research: 1-800-925-9250 Ext. 2198

Email: wql@heidelberg.edu  

This lab is based in Heidelberg College in Ohio.  The cost is $60 per sample for a test of heavy metals.  You will receive a test kit in about two days; send the water sample back to them, and they will get the results to you in about three weeks.

Office of Laboratory Services, Bureau of Public Health: (304) 558-2782

This office will provide you with a list of WV state-certified labs that you can call.

Department of Health and Human Resources (DHHR):  (304) 558-0684

They test only for bacteria, which is a good test to have, but is not an indicator of coal waste contamination.  Ask to speak with the sanitarian to assist in collecting samples. Cost: $25 + 45 cents/mile +   $10 to state lab for analysis.

WARNING:

The DEP will probably not test your samples.  Most private labs will accept them, so call and ask.  Even if you cannot get your water samples tested, keep them for evidence.

Step 5: Do a Community Health Survey

How many people have died or been diagnosed with cancer in the past 5 years?  How many people have had liver, gallbladder, or kidney problems?  Take a day or two and go door-to-door.  Start asking questions and recording data about the health problems in your community.  This information is powerful ammunition when explaining to officials that your community needs emergency drinking water NOW!

Step 6: File an Official Complaint

Department of Environmental Protection (DEP):  1-800-654-5227

Pam Nixon, the Citizen’s Advocate of the DEP can be reached at ext. 1328.  She will help you to file a complaint.  After the complaint is filed, someone else in the DEP will do an investigation to determine the source of the problem.  If they can find the source of the contamination, then those who caused it are responsible for the costs of providing you with water. If you believe a mining operation has contaminated a water source, or violated the permit in any way, you have the right to a Citizen's Inspection.  This means you can accompany the DEP inspector onto the coal operation and conduct your own inspection. If you do not want the company to have your name,  you do not have to accompany the inspector, and you can tell the DEP not give your name out.

Step 7: Talk to People Who Have Faced This Problem

Sludge Safety Project: 1-304-522-0246

This is a coalition of citizens who can provide you with tools, information, media attention, and support for your community's situation as well as direct you to legal help. There are also many opportunities for you and members of your community to get involved in issues even further.

Step 8: Register People to Vote

Sometimes we need to remind ourselves and our government officials that THEY work for US.  If you believe it is your right to have clean water, then it is your responsibility to vote people out of government who are not protecting that right.

Call your County Clerk's office for voter registration cards.

Step 9: Know your Rights

Water Systems Council Hotline: 1-888-395-1033

This is a very helpful organization based in Washington DC.  They will answer any questions you have regarding your well and the laws that protect your water. 

Citizen's groups, like the Sludge Safety Project will also help you to know your rights and direct you to lawyers willing to give advice.

Step 10: Get the Facts

See the next section for more details on how to get information from government agencies and what to look for in strip mining or slurry permits that might impact your water supply!

REMEMBER

  • Be patient: many people in the DEP are well intentioned, but stretched thin
  • Be persistent:  you have a right to know the results of the investigation
  • Be ready to fight: Most of these laws depend on Citizen Enforcement.  That means it is up to us to protect ourselves and our children from contamination.
 

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