INSTITUTE, W.Va. — West Virginia State University announced Thursday it has filed a lawsuit against Dow Chemical Company and other former owners of Dow’s Institute plant for underground water contamination on the university’s campus.
The suit demands that Dow clean up the water pollution that was discovered. WVSU President Anthony Jenkins said the contamination does not pose a human health risk to anyone on campus.
“While there is no threat to the health, wellness or safety to the students, faculty and staff, Dow contamination of our campus has potentially adversely impacted the brand, reputation, use of future property, the cost of future construction and potential enrollment growth here at the institution,” Jenkins said during a Thursday press conference at the university.
Three contaminants were found in groundwater about 15-50 feet beneath the former Rehabilitation Center property located on the southwest side of the campus.
The discovery was made about four years ago. In the time since then, the university and Dow have conducted tests on the WVSU property including both outdoor and indoor facilities.
Roderic Moore, vice president of Enviroprobe Integrated Solutions, revealed the testing results Thursday. He said Enviroprobe and Dow collected about 150 samples of groundwater, soil gas, surface soil and air on campus.
The results showed that Dow’s plant, located next to the campus, released the following chemicals on to the WVSU property:
- 1,4-dioxane: A synthetic industrial chemical that is used in products such as paint strippers, dyes, greases varnishes and waxes.
- 1,1-dichloroethane: A colorless, oil liquid that is used mainly as an intermediate constituent in the manufacture of other chemicals.
- Chloroform: A chemical that is used in refrigerants and that can form as a byproduct of water chlorination.
Moore said the chemicals have moved beyond the rehab center property.
“Groundwater has been shown to extend eastward from their facility across and onto the rehab property and onto the main campus,” he said.
Jenkins said the rehab property represented the future of the university because it was the only land available for significant growth, such as the construction of residential units or the rebuilding of a new rehab center.
“It’s the only place we have room to grow and today that is more important as colleges and universities are often put in a situation where they must grow to survive,” he said. “Because of Dow, our ability to do that has been jeopardized.”
According to the university, Dow admitted the contamination will limit future construction on that part of campus. Jenkins said Dow refuses to take full responsibility for property damage and costs to cleanup the property, so the university has resorted to litigation.
“As president, I am saddened by Dow’s lack of concern, lack of ethical care and lack of value for our university,” Jenkins said. “This situation was created by Dow, hence, they must do and should do everything they can to make this university whole.”
The U.S. Environmental Protection Agency and the West Virginia Department of Environmental have all reviewed the test data and agreed the evidence does not create a risk to human health on the WVSU campus.
The lawsuit requires Dow to restore the site to its original condition, pay for protective measures on the property and fund ongoing monitoring of contaminant levels.
In a letter to university students, faculty and staff, Jenkins said groundwater is not used at the university and that all of their water comes from the municipal water supplied by West Virginia American Water Company.
Jenkins addressed the campus community about the lawsuit Thursday evening.
Carrie Houtman, director of issues management and crisis communications for Dow Chemical, said Friday the company has worked to meet state and federal remediation guidelines.
“It is unfortunate the university chose this path, given our partnership with them over many years,” she said in a statement.
More information about court documents and testing data can be found here. WVSU also has an information hotline that students, faculty, staff and parents can call at 304-720-3737.