Former Flint officials criminally charged in water crisis

The Flint Water Plant tower is seen in Flint, Michigan, U.S.

By Steve Friess

FLINT, Mich. (Reuters) – Michigan prosecutors on Tuesday charged four former government officials with criminal conspiracy to violate safety rules in connection with the Flint water crisis, which exposed residents to dangerous levels of lead, the state’s attorney general said.

Former state-appointed emergency managers Darnell Earley and Gerald Ambrose and former city employees Howard Croft, a public works superintendent, and Daugherty Johnson, a utilities manager, were the latest to be charged in the case, Attorney General Bill Schuette said.

He told a news conference in Flint that the defendants conspired to operate the city’s water treatment plant when it was not safe to do so.

“The tragedy that we know of as the Flint water crisis did not occur by accident,” Schuette said. “Flint was a casualty of arrogance, disdain and failure of management, an absence of accountability.”

Asked whether the investigation would lead to charges against higher-placed state officials, Schuette reiterated that no one was off the table.

Some critics have called for high-ranking state officials, including Michigan Governor Rick Snyder, to be charged. Snyder has said he believed he had not done anything criminally wrong.

Court documents did not list attorneys for the four men. An attorney who had previously represented Earley could not immediately be reached for comment.

Michigan has been at the center of a public health crisis since last year, when tests found high amounts of lead in blood samples taken from children in Flint, a predominantly black city of about 100,000.

Flint’s water contamination was linked to an April 2014 decision by a state-appointed emergency manager to switch the city’s water source to the Flint River from Lake Huron in an attempt to cut costs.

The more corrosive river water caused lead to leach from city pipes into the drinking water. The city switched back to the previous water system in October 2015.

The initial change in the city’s water source was made while Earley, 65, was emergency manager.

At hearings in Washington last March on the crisis, lawmakers criticized Earley for failing to ask enough questions about the safety protocols in place at the time of the switch. In his testimony, Earley blamed city and federal officials for the problems, and said the decision to switch was made before his tenure.

“A broad net is certainly being cast,” said Virginia Tech professor Marc Edwards, a water engineer who first raised the issue of Flint’s lead contamination.

Lead can be toxic, and children are especially vulnerable. The crisis has prompted lawsuits by parents who say their children have shown dangerously high levels of lead in their blood.

(Additional reporting by Laila Kearney in New York and Timothy McLaughlin in Chicago.; Editing by Dan Grebler)

Flawed CDC Report left Indiana children vulnerable to lead poisoning

Yasir, 5, waits for his bus with his father Yarnell R. Arrington Sr. in the West Calumet Complex where he resides in East Chicago, Indiana, U.S.

By Joshua Schneyer and M.B. Pell

EAST CHICAGO, Indiana (Reuters) – In this industrial northwest Indiana city, hundreds of families who live in a gated public housing community with prim lawns and a new elementary school next door are searching for new homes. Their own places have been marked for demolition.

The school, temporarily closed, has been taken over by the Environmental Protection Agency and health officials who offer free blood tests to check residents for lead poisoning. Long after the U.S. lead industry left East Chicago, a toxic legacy remains. Smokestacks at one smelter next door, shuttered 31 years ago, for decades polluted these grounds.

Emissions from the now-defunct U.S. Smelter and Lead Refinery Inc, or USS Lead, left a potent hazard in the soil. By early this year, the EPA detected concentrations of the heavy metal so high in some yards that they could pose a serious health risk to families at the West Calumet Housing Complex. Children are told not to play outdoors.

At the 44-year-old housing complex, all 1,100 residents are being forced to move out. Many are outraged about why the dangerous soils weren’t identified and removed earlier.

One reason: Five years ago, a unit of the U.S. Centers for Disease Control and Prevention issued a 19-page report that all but ruled out the possibility of children here getting lead poisoning. (http://bit.ly/2dAYVOt)

That CDC branch – the Agency for Toxic Substances and Disease Registry, or ATSDR, – conducts public health assessments to examine potential contamination risks and point the way to next steps to be taken by EPA and others.

In its January 2011 report, ATSDR said it reached “4 important conclusions.” Among them: “Breathing the air, drinking tap water or playing in soil in neighborhoods near the USS Lead Site is not expected to harm people’s health.”

ATSDR’s report was built on flawed or incomplete data, a Reuters examination found: The assumption that residents weren’t at risk was wrong, and many of the report’s key findings were unfounded or misleading.

The report said “nearly 100 percent” of children were being tested for blood lead levels in the impacted area. State data reviewed by Reuters show the annual rate of blood lead testing among children in East Chicago ranged from 5 percent to 20 percent over the last 11 years.

 

In the area, well known for its history of lead contamination, ATSDR reported that “declining blood lead levels in small children appear to confirm that they are no longer exposed to lead from any source.”

Yet from 2005 to 2015, nearly 22 percent of children tested in the Indiana census tract that contains the West Calumet houses showed an elevated blood lead level – 160 such results in all. Children tested in this tract were more than twice as likely to have an elevated reading than in other areas of East Chicago, state data reviewed by Reuters shows.

The CDC’s conclusions help explain why many West Calumet residents didn’t learn until recently that their yards were toxic, according to health experts, city administrators and data compiled by Reuters.

GRAPHIC – A Neighborhood and Lead: http://tmsnrt.rs/2d0QCcM

Carla Morgan, East Chicago’s city attorney, believes the report contributed to a false sense of safety. “In 2011, the ATSDR lacked data to make any conclusion about the potential health risks,” she said.

Contacted by reporters, the ATSDR initially said it would respond to detailed questions about its 2011 report. Over a period of weeks it said it was finalizing its responses. A spokeswoman, Susan McBreairty, told Reuters the answers were “complicated.” Reporters also sought comment from the two ATSDR scientists listed as authors of the 2011 report; neither responded.

Ultimately, ATSDR didn’t address the questions.

Instead, it released a broad media statement Thursday saying it is evaluating new EPA data “to determine if a human health hazard has developed since the Agency’s 2011 public health assessment (PHA) of the USS Lead and Smelter site.”

A new analysis will come next year, ATSDR said in the statement, and “will help determine if additional public health activities are warranted.”

BARRIER BETWEEN CHILDREN, SOIL

The report’s findings factored significantly into EPA’s decision not to conduct more urgent soil testing or urge residents to relocate, said EPA Region Five Administrator Robert Kaplan. Believing residents weren’t at imminent risk, EPA focused on a multi-year plan to gradually test for and replace lead-tainted soil.

Once EPA completed its soil-sampling this year, the scope of the danger for children was clear.

“The high levels of lead in many yards in East Chicago would require a barrier to be placed between children and the soil, to protect them,” said Dr. Helen Binns, a pediatrician at Lurie Children’s Hospital in Chicago and professor at Northwestern University’s medical school, who reviewed the testing data with Reuters.

EPA’s sampling found that 50 percent of the West Calumet homes tested had lead in their topsoil exceeding 1,200 parts per million, or three times the federal “hazard” level for residential areas.

That level warrants “time-critical” removal action within six months to protect human health, EPA standards say. In the most polluted yard found, a top layer of soil had 45,000 parts per million of lead.

Environmental Protection Agency signs that read "DO NOT play in the dirt or around the mulch" are seen at the West Calumet Complex in East Chicago, Indiana,

Environmental Protection Agency signs that read “DO NOT play in the dirt or around the mulch” are seen at the West Calumet Complex in East Chicago, Indiana, U.S. September 16, 2016. REUTERS/Michelle Kanaar

Patrick MacRoy, a former head of the lead poisoning prevention program in Chicago, expressed shock after reviewing the ATSDR report. He found especially troubling its conclusion that children faced no threat of lead exposure.

“I can’t believe anyone with any degree of training or familiarity with environmental health would ever make (that) statement,” MacRoy said. “I can’t believe that no one reviewing that report internally, or even at EPA or the state, wouldn’t have flagged that as grossly misstating the available evidence.”

“I generally respect ATSDR, but that report is embarrassingly bad,” he said.

GRAPHIC – Industry and Housing: http://tmsnrt.rs/2d3MtIp

In recent months, 10 children under age 7 at West Calumet houses or in nearby areas were confirmed to have elevated lead levels, or around 5 percent of those tested, according to Indiana’s State Department of Health.

Following the notorious lead contamination of the drinking water supply in Flint, Michigan, around 4.9 percent of children tested there had high blood lead levels.

In East Chicago, more monitoring is planned, and the recent results do not mean children are in the clear, experts said.

Blood lead testing is usually indicated for children ages one and two. Ingesting lead-tainted soil, dust or paint chips is most common among infants and toddlers with hand-to-mouth behavior, said Dr. Bruce Lanphear, an expert on neurotoxins at Simon Fraser University.

A child poisoned at age two will often later test within a normal range. But the earlier exposure may have already wrought irreversible damage, including lifelong cognitive impairments.

‘WHAT ARE THEY DIGGING FOR?’

Today, outside the orderly brick houses in the community – due west of Gary, Indiana, and some 23 miles south of Chicago – moving vans are parked, and poster board signs warn residents not to play in the dirt.

Some of the 92 EPA staffers on site go door to door to speak with residents, offering testing and clean-up for lead inside their homes. Contractors have placed mulch over exposed dirt areas.

The forced exodus of tenants comes after East Chicago’s mayor told them this summer that lead and arsenic contamination in the area made it unacceptably risky to live here, especially for the area’s more than 600 children.

“I have lived here for five years and was never told anything about contamination until now,” said Akendra Erving, a mother of five young children who is moving her family to Alabama. “In May or June, I started to see these crews digging in peoples’ yards. ‘What are they digging for?’ I thought.

“Now I know.”

Recently, Erving got more bad news. A test showed that her three-year-old son, King, had a blood lead level of 8 micrograms per deciliter. Her daughter Kelis, 4, tested at 9 micrograms per deciliter. CDC recommends a public health response for children who test at 5 or above.

The lead crisis is the focus of several agencies, including ATSDR. EPA has taken a leading role, with Indiana’s State Department of Health, city officials, state environmental officials and federal and local housing agencies also involved.

Tensions and finger-pointing among the parties has sometimes grown heated. In July, East Chicago’s mayor wrote EPA a scathing letter, accusing the agency of withholding soil testing data that demonstrated grave health risks.

EPA’s Kaplan says the soil data was shared with the city as soon as the EPA could verify it, in May.

Recently, a “peacekeeper” division of the U.S. Justice Department, its Community Relations Service, stepped in to de-escalate conflicts.

ON TOP OF ANACONDA

The West Calumet Housing complex stands near the center of a once humming U.S. industry hub. It was also a dirty one.

In the early 1970s, the houses were erected atop the former Anaconda Lead and International Refining Company. For decades, the plant churned out white lead pigment for use in paint.

In 1978, the United States outlawed the type of paint Anaconda produced for residential use. That and other measures brought a sharp drop in average U.S. blood lead levels in recent decades. No level of lead in the blood is safe for children.

Next door was another smelter, USS Lead. From 1920 through 1985, the facility refined lead or lead products. Its blast furnaces pumped out soot that blanketed the land where the housing complex stands.

Also nearby was a facility, formerly operated by chemicals giant DuPont, that produced lead arsenate from 1928-1949. Its main ingredients were lead and arsenic. The product was banned as an insecticide in 1988.

Much of the waste was stockpiled within the city’s industrial complexes. Sometimes it got spread over nearby marshland or dumped in the Calumet River.

Back in 2009, this corner of East Chicago, a working class city of 29,000, was placed on the federal Superfund’s National Priorities List, or NPL.

Michael Berkoff, an EPA project manager who led a 2012 public hearing in East Chicago to inform residents about clean-up plans, described the NPL as “EPA’s nationwide list of the most contaminated sites in the country.”

Numbering more than 1,300 nationwide, the Superfund sites require clean-up to protect the environment and human health. In many cases, the companies that used to operate them folded years ago.

At the hearing, Berkoff laid out EPA’s long-term goal of removing contaminated soil from West Calumet yards and other polluted zones in East Chicago. “Some of the contamination here is at higher levels than we would consider hazardous waste,” he told the audience, according to a transcript.

Years earlier, the EPA had already cleaned up several area yards where topsoil testing detected lead levels exceeding 1,200 parts per million, ppm.

The next round of remediation EPA proposed would cost tens of millions of dollars and take a few years, Berkoff said. At West Calumet, wherever EPA found yards whose shallow soil exceeded 400 ppm of lead, it would excavate and replace the layer with clean soil.

To fund the effort, EPA and the U.S. Department of Justice pursued what they called potential responsible parties for some of the area’s contamination. In 2014, chemicals company DuPont and ARCO, a unit of oil giant BP, agreed to contribute $26 million to the East Chicago clean-up.

Under a consent decree, the companies acknowledged no wrongdoing.

ARCO said it had taken on certain liabilities after it acquired the Anaconda Company in the late 1970’s, though it never operated the Anaconda lead plant itself.

DuPont said it cooperated with EPA but its responsibilities under the consent decree were assumed by the Chemours Company, a former DuPont business now operating independently, a DuPont spokesman said. Chemours said it will cooperate with the EPA, a spokesman said.

To date, the earth-moving envisaged in the plans EPA’s Berkoff described in 2012 hasn’t happened. Securing funds, soil testing, and issues that crept up with contractors all took time. West Calumet soil replacement would have started this summer, EPA’s Kaplan said. Instead, the city plans to raze the houses.

TROUBLED TRACT

The CDC’s role in ensuring the health of people near Superfund sites is enshrined in federal law. When an area is added to the National Priority List, the ATSDR conducts an independent public health assessment.

ATSDR’s role is advisory, but its reports can lead to strongly worded health bulletins or other actions, including condemnation of properties deemed unfit for human habitation.

EPA commissioned the ATSDR report because “we wanted to know, is it an emergency, time-critical response or something that needs a remedy but isn’t necessarily as urgent?” said Kaplan.

The CDC branch concluded that results from childhood blood tests in the region suggested there was no risk.

Other report statements appeared to support that finding: Virtually all children in the area were being tested for lead poisoning, the report said, seeming to reflect close monitoring. Kids living in the area had blood lead levels “consistent with the national average,” it said.

Properties found to contain unsafe levels of lead in the soil had already been cleaned up by the EPA, the ATSDR said, and local health officials offered assurances there were no reports of health problems linked to lead.

Citing Indiana Department of Health data from the 1990s through 2008, ATSDR said children in East Chicago had experienced a sharp decline in blood lead levels.

Yet the report did not specifically cite the most recent blood testing data from residents at the West Calumet Housing Complex, or the census tract where it is located.

Reuters obtained testing data from the Indiana census tract, labeled 303, from 2005 through 2015. The data compiled by Indiana shows that 21.8 percent of children aged up to 6 tested there had blood lead readings above CDC’s current “elevated” threshold.

Although only a portion of the area’s children were being tested in the period, the 303 tract registered 160 elevated test results among small children. That was more than in any other tract in Lake County, where East Chicago is located, and more than in all but a dozen of Indiana’s 1,507 census tracts.

As recently as 2014, 25 percent of the children tested in the 303 tract had elevated levels.

During that same year, Indiana data shows, around 6.4 percent of kids tested across the state had elevated lead levels. CDC estimates show that, across the United States, the prevalence of children with elevated blood lead levels is around 2.5 percent.

The ATSDR report credited Indiana’s state health department with “excellent work” in ensuring almost universal testing.

State and county data reviewed by Reuters tell a different story. The annual rate of blood lead testing among children aged up to 6 in Indiana hovered around 7 percent in recent years. Although around 20 percent of children in East Chicago were tested each year between 2005 and 2010, the rate plummeted to 5 percent in 2014.

As for the ATSDR report’s claim that it had heard of no concerns from local health officials, City Attorney Morgan said the agency never consulted East Chicago’s health department, which declined comment.

The Indiana State Department of Health told Reuters it “does not support the conclusions of that report,” without elaborating.

UPROOTED TO NEVADA

Shantel Allen is a 28-year-old mother of five who has lived at West Calumet since 2011, the year of ATSDR’s report. Allen is moving her family to southern Nevada next month. The housing voucher the family received won’t cover the high costs of the move, she said.

In July, around the time Allen was told her current home faces the wrecking ball, she received a letter from Indiana’s health department. It said her daughter, Samira, 2, had tested positive for lead poisoning with a level of 33 micrograms per deciliter, nearly seven times the elevated threshold. That result, the letter said, was from a test conducted 17 months earlier, around Samira’s first birthday.

“I wanted to know how she was exposed to lead, when and where?” Allen said. “I wanted to know why I was only informed more than a year later.”

The state health department said privacy law does not allow it to comment on a specific patient’s case. However, it said local health departments have primary responsibility for conveying blood lead test results to family.

Since July, Allen has had all her kids tested. Two had elevated levels, she said.

Then, last month, Allen recalled an information packet she’d received from the EPA, dated from late 2014. She didn’t pay much attention to it back then, because she says she didn’t understand its implications. It said the agency had conducted soil testing in her yard.

Reading back the findings recently, she said EPA had detected lead at 4,510 parts per million in the top layer of her front yard, or more than 10 times the action level. Arsenic was found at nearly 13 times the action level.

It was the yard her older kids had always played in, often tracking in dirt to the apartment, where Samira would crawl around on the floor.

Another former West Calumet resident, Krystle Jackson, said she moved her family out in July after two of her children tested with elevated lead levels. Her son, Kavon, 1, had a level of 7. She relocated to her parents’ home in Cedar Lake, 40 minutes south, which is facing a potential bank foreclosure. Jackson worries she’ll be left homeless.

The timing of Jackson’s move, weeks before hundreds of other West Calumet residents learned the complex will be demolished, made her ineligible for a voucher others are getting to move into public housing.

“The housing authority told me there was nothing they could do for me,” she said.

“I just wanted to get out of the public housing because nobody could tell me why my kids were being exposed to lead.”

(Editing by Ronnie Greene)

Flint children’s blood lead levels rose in water crisis: U.S. officials

Water fountain in a school near Flint, Michigan

DETROIT (Reuters) – Federal health officials on Friday confirmed that the blood lead levels of children in Flint, Michigan, rose after the city switched to the Flint River as the source of its drinking water, exposing residents to dangerously high contamination.

Flint, with a population of about 100,000, was under control of a state-appointed emergency manager in 2014 when it switched its water source to the river from Detroit’s municipal system to save money. The city switched back in October.

The river water was more corrosive than the Detroit system’s and caused more lead to leach from aging pipes.

Lead can be toxic, and children are especially vulnerable. The crisis has prompted lawsuits by parents who say their children have shown dangerously high levels of lead in their blood.

U.S. Centers for Disease Control and Prevention officials said on Friday that they found that the percentage of young children with elevated blood lead levels was significantly higher when the water source was the Flint River.

“This crisis was entirely preventable, and a startling reminder of the critical need to eliminate all sources of lead from our children’s environment,” Patrick Breysse, director of the agency’s National Center for Environmental Health, said in a statement.

When the water source was switched back to the Detroit system, the agency said, the percentage of children under 6 years old with elevated blood lead returned to levels seen before the switch.

The agency urged residents to use filters on their faucets to get water for drinking, cooking and brushing teeth. It said regular tap water could be used for bathing and showering because lead is not absorbed into the skin, but young children should not be allowed to drink bath water.

The U.S. Environmental Protection Agency said on Thursday that properly filtered water in Flint was safe to drink. City officials, however, said bottled water was still needed since not every home can use the filters.

(Reporting by Ben Klayman; Editing by Lisa Von Ahn)

Michigan extends coverage of water bills for residents of Flint

Running tap water is seen in Flint, a city struggling with the effects of lead-poisoned drinking water, Michigan

DETROIT (Reuters) – Michigan on Thursday extended and expanded coverage of water bills for residents of Flint to speed recovery from a health crisis caused by high levels of lead.

To encourage water use, Michigan Governor Rick Snyder said, the state will pay for 100 percent of water in the month of May. Previously, the state had covered 65 percent of the water portion of a resident’s water and sewer bill.

“Flushing the pipes is essential for restoring the city’s water system and increasing the water quality in every home,” he said in a statement.

Water experts have said heavier water use by Flint residents would flush out lead particles and spread the needed chemical phosphates and chlorine that will better protect the system.

The state previously set aside $30 million to cover the lower share of the water bill from April 2014 through April 2016. Ari Adler, a spokesman for Snyder, said the cost for full coverage in May is estimated at $1.7 million.

Flint Mayor Karen Weaver said a new TV and radio advertising campaign will launch on Friday that encourages residents to run their bathtub and kitchen faucets for five minutes each for at least two weeks as part of the push. Flint also continues to remove lead water pipes in the city, she said.

“We’re still determined to get the lead out of Flint,” she told reporters in a Flint news conference with the governor and EPA officials.

Under the direction of a state-appointed emergency manager, Flint switched water supplies to the Flint River from Detroit’s system in 2014 to save money. The state has been criticized for its initial poor handling of the issue.

The river’s corrosive water leached lead, a toxic element that can damage the nervous system, from the city’s water pipes. Flint switched back to the Detroit system last October.

EPA officials reiterated on Thursday that properly filtered water in Flint is safe to drink, but they still recommended pregnant women and children under the age of six drink bottled water out of caution.

(Reporting by Ben Klayman; Editing by Steve Orlofsky)

U.S. Congress criticizes EPA, Michigan over Flint water crisis

WASHINGTON (Reuters) – A congressional panel on Tuesday criticized the Environmental Protection Agency and Michigan officials for failing to do more to sound the alarm about high levels of lead in the city of Flint’s drinking water.

“What happened in Flint can never happen again. It is almost unbelievable how many bad decisions were made,” said Representative Jason Chaffetz, a Utah Republican who chairs the House Oversight and Government Reform Committee.

“Government at every level – local, state and federal – made poor decisions.”

Flint, a predominantly African-American city of 100,000 about 60 miles northwest of Detroit, switched its water supply from the Detroit water system to the Flint River in April 2014 to cut costs. The river’s corrosive water leached lead from city pipes, creating a public health threat marked by high lead levels in blood samples taken from children.

Lead is a toxic agent that can damage the nervous system.

The crisis has drawn national attention and led to calls for Michigan Governor Rick Snyder to resign. It has also led to several lawsuits in state and federal courts, and federal and state investigations.

The water supply was switched back to the Detroit system last October.

At Tuesday’s hearing, a former regional EPA head, Susan Hedman, who resigned in February, was criticized by members of the committee for not acting sooner to use her powers as the regulator to better protect Flint residents. She defended herself, however.

“I don’t think anyone at the EPA did anything wrong, but I do believe we could have done more,” Hedman said. “I did not sit silent.”

Representative Buddy Carter, a Georgia Republican, blasted Hedman as well. “I’m sorry, there’s a special place in hell for actions like this,” he said of the former EPA official’s tenure before the Flint crisis mushroomed into a national story.

Darnell Earley, a former state-appointed emergency manager in Flint, also was criticized for failing to ask enough questions about the safety protocols in place at the time of the city’s water-source switch.

Governor Snyder and EPA Administrator Gina McCarthy are scheduled to testify before the same panel on Thursday.

Internal EPA memos and emails Chaffetz released about the crisis raised questions about the agency’s actions and the state’s incompetence.

“Lead lines + no treatment = high lead in water = lead poisoned children,” Miguel Del Toral, an EPA official critical of the agency, wrote in a Sept. 22, 2015, email to other agency officials. “At every stage of this process, it seems we spend more time trying to maintain state/local relationships than we do trying to protect the children.”

In July 2015, EPA official Jennifer Crooks said in a summary of an agency meeting on Flint that “it doesn’t make sense to discuss with the state what happened in the past … as the state sees the lead levels climbing, I don’t see the benefit in rubbing their nose in the fact that we’re right and they’re wrong.”

Virginia Tech Professor Marc Edwards, a water engineer who first raised the issue of Flint’s lead contamination, was critical of Hedman’s testimony.

“I can’t help but comment on the qualities that seem to be valued in administrators at the EPA: willful blindness, in this case to the pain and suffering of Flint residents; unremorseful for their role in causing this man-made disaster; and completely unrepentant,” he told the committee on Tuesday.

He said the EPA has never apologized for what happened in Flint. “I guess being a government agency means you never have to say you’re sorry,” Edwards said.

(Additional reporting by Ben Klayman in Detroit; Editing by Toni Reinhold and Matthew Lewis)

The corrosive dangers lurking in America’s private wells

ORLEANS, N.Y. (Reuters) – In this town of 2,800 just south of the Canadian border, residents have long worried about the water flowing from their taps.

The water in one household is so corrosive it gutted three dishwashers and two washing machines. Another couple’s water is so salty the homeowners tape the taps when guests visit. Even the community’s welcome center warns travelers, “Do Not Drink The Water.”

So, when the water crisis in Flint, Michigan happened, Stephanie Weiss and husband Andy Greene feared that, as in Flint, their corrosive water was also unleashing lead into their tap water. Weiss scoured water-testing reports in Orleans and discovered the truth: Lead levels in her water – fed by a private well – exceed the threshold set by the U.S. Environmental Protection Agency for public water systems and utilities.

The community’s experience is not unique. Across the country, millions of Americans served by private wells drink, bathe and cook with water containing potentially dangerous amounts of lead, Reuters reporting and recent university studies show.

Researchers from Penn State Extension and Virginia Polytechnic Institute and State University, or Virginia Tech, tested private well systems in their states and found that 12 percent of wells in Pennsylvania and 19 percent in Virginia had lead levels exceeding the maximum EPA threshold for public water systems. Lead poisoning can lead to heart disease, kidney disease and brain damage. It is especially dangerous to children, as small amounts of exposure can cause irreversible developmental delays.

Though most Americans are served by public water utilities, private wells are the main source of drinking water for 15 percent of U.S. households, or 47.8 million people. Typically located in rural areas, private wells serve residents not connected to municipal water lines. Though many wells are found in impoverished communities, some serve wealthy homeowners and those living in urban environments.

Little research has examined the lead risk in private well water on a national scale. But if the researchers’ rate played out nationally, more than 9 million Americans served by private wells would have unsafe levels of lead in their water, according to a paper published in October by some of the same Virginia Tech researchers who found lead in Flint’s water.

TESTING GAP

Yet these private wells always fall outside EPA testing regulations, and only a few states require that wells be tested for lead. Unless residents pay for tests, they may not know what lurks in their water.

The community in Orleans, in Jefferson County dotting the northernmost tip of New York State, is one case study. Weiss and Greene found that the water they use to cook for their two children, ages eight and 10, measured lead levels more than double the EPA threshold, town records show.

“When I realized that my water had the equivalent of Flint levels of lead, I got chills,” said Weiss, assistant director of Save the River, an environmental advocacy organization. “I felt sick thinking of all the things I had tried to get right as a mother for my kids to grow up happy and healthy, when all the while they were living with lead contaminated water.”

“I was also angry thinking that the state government had likely caused this situation.”

The aquifer feeding their well is polluted with salt from a nearby barn used by the New York State Department of Transportation to store salt spread on roads during snowstorms, according to an analysis by Alpha Geoscience, a Clifton Park, New York, consulting firm that specializes in hydrogeologic studies. The study was commissioned by Stephen Conaway, a local winery owner who sued the state for allegedly polluting his water in 2011.

As far back as 2004, a DOT official told Conaway it was not unreasonable to assume the salt barn was the source of contamination, according to a letter sent to Conaway and reviewed by Reuters.

Flint is not served by private wells, but its battle to get the lead out of the water has triggered alarms in other communities – including those served by private wells, which can draw in corrosive water that leaches lead, copper and other heavy metals from well components, water pipes and plumbing fixtures.

NO STANDARDS

The EPA has no standards for private wells, even as the National Ground Water Association recommends testing. Asked about the standards gap, an EPA spokesman said that the Safe Drinking Water Act, as written by Congress in 1974, makes the EPA responsible for regulating only public water systems.

Under the EPA Lead and Copper Rule, published in 1991, if 10 percent of samples taken by a water utility contain a lead level of 15 parts per billion or higher, the utility must improve corrosion control and inform the public of the lead risk. The utility may have to replace lead water lines.

The university researchers used this standard to assess potential harm in communities served by private wells.

Water from one Virginia home had lead levels 1,600 times the EPA maximum threshold, concluded Virginia Tech researcher Kelsey J. Pieper, lead author of a study published in the Journal of Water and Health last September that examined lead levels in tap water from houses in Virginia using wells. Pieper’s research, along with a 2013 Journal of Environmental Health study by Penn State Extension researchers, point to a problem governments have largely failed to address.

Lead exposures decreased after 1980s legislation banned lead in paint and gasoline. But private wells remain a potential source of exposure. If lead exposure from private wells is not addressed, the Centers for Disease Control and Prevention will be challenged to meet its goal of eliminating elevated levels of lead in children by 2020, Pieper found.

Pieper said many private wells across the country have clean water, but she recommends testing.

“Looking at lead concentration in Flint’s water and our results in private wells in Virginia, they were similar,” Pieper said. “One of the biggest differences is it’s solely the responsibility of the homeowner to identify and correct the problem for private water systems.”

To be sure, private homeowners are responsible for testing and maintaining their wells.

Yet many have no idea they should test for lead. Some who do test find troubling answers.

LEAD AND CHILDREN IN PENNSYLVANIA

In central Pennsylvania, Jeremiah Underhill and his wife took their one-year-old son Dalton to the family doctor for his checkup in April 2014. Knowing the family was renovating their 76-year-old house, and concerned paint in the house may contain lead, their doctor suggested testing Dalton for lead.

The results showed elevated lead levels in his system.

“I was devastated,” said Jeremiah Underhill, an attorney in Harrisburg, whose family home is surrounded by 30 acres of corn and soybean fields.

The Underhills immediately began a battery of tests searching for the lead’s source. For years, public health experts have cited paint as the most dangerous source of poisoning for children, who may ingest paint chips and dust in older housing.

But it was a water sample, not paint, which tested positive for lead. The lead level in the water was at the maximum threshold set by the EPA, though Penn State analysts warned that the levels could fluctuate and may well exceed the maximum if tested more regularly. The Underhills found that, as in Flint, their well water was corrosive and leaching lead from plumbing in their house.

The family installed a treatment system to make the water less acidic. Their soda-ash injection system cost about $400, though if a family member had not helped install it, the cost would have been far higher. Today, their water has no lead and Dalton’s blood work is clear. The couple feels fortunate to have caught it early, knowing lead exposure can trigger brain damage.

“The only reason we caught this was because our doctor was smart enough to say, ‘Let’s test this,’” Underhill said. “I mean, it was the water we used to mix Dalton’s formula.”

Most children are never tested, and rules on testing children for lead exposure are inconsistent and often ignored across the country, Reuters found.

“Many physicians, wrongly, don’t believe that lead poisoning is still a problem,” said Dr. Jennifer Lowry, a toxicologist and pediatrician at Children’s Mercy Hospital in Kansas City, Missouri. “They may not be seeing it because they are not testing for it. I think every kid should be tested.”

SURPRISING SOURCES

Many people believe if they have a new home or well, their plumbing does not contain lead. Yet virtually all plumbing before 2014 has some lead in its components, and older homes tend to have more leaded plumbing. Until January 2014, “lead free” meant the plumbing component contained less than 8 percent lead.

In Highlands, North Carolina, Robert and Suzanne Gregory discovered lead in their water after drilling a well for their home last August.

Macon County required they test the new well for bacteria. Robert, an engineer, wanted to know more and paid for an in-depth test that found the water corrosive and contaminated with lead. He believed the source was the galvanized steel pipe that ran down his well. The couple had the galvanized pipe, whose coating may have contained lead, replaced with lead-free stainless steel. They tested again and the lead was gone.

“The combination of acidic water and galvanized steel is a problem, and I think it’s bigger than most people understand because most people don’t even know they have galvanized,” Robert said.

Even if a homeowner conducts a lead test, the solutions can be too expensive for families with limited means. Some water treatment systems cost more than $10,000.

Only a few states, including New Jersey and Rhode Island, require wells be tested for lead – a test required when the property and well are transferred to a new owner. Though many states require tests for e coli and other bacteria, lead tests are seldom required, said John Hudson, vice president at Mortgage Financial Services in San Antonio, Texas.

A PLEA FOR CLEAN WATER

Some residents know they have contaminated wells and want municipal water, but can’t get it.

In Orleans, New York, residents live in a region known for its boating, fishing and outdoor activities but also its doggedly high unemployment rate. The town began petitioning the state for municipal water four years ago. Since then, residents have made flyers and set up a Facebook page, but there’s still no plan in place for public water.

State officials say they aim to obtain $13 million to extend municipal water service to homes in Orleans with contaminated water, but Kevin Rarick, the Orleans town supervisor, calls the plan “smoke and mirrors.” Almost all of the money would come from a loan that would cost each water user $500 a year to pay off, and the state has not announced a plan to change the way it stores salt at the barn.

Homeowner Greene, whose family has had to replace salt-tainted appliances, views the equation as unfair: The state polluted the aquifer feeding his well, and now wants his community to bankroll the solution.

New York State’s Department of Environmental Conservation said the source of the salt is “inconclusive,” and that the salt has been stored safely. An official noted that the state has given residents bottled water.

“If I had a salt pile that leached salt into my neighbor’s well, the state would be here the next day fining me and making me clean it up and making me be a good neighbor,” said Greene. “That’s all we want from them, to be a good neighbor.”

(Edited by Ronnie Greene)

Lawsuit over Flint water crisis says 17 children have high lead levels

(Reuters) – A group of Flint, Michigan, parents and their children filed a class action on Monday alleging that gross negligence by Michigan Governor Rick Snyder and others caused the city’s drinking water to become contaminated with lead.

The lawsuit was filed in Detroit federal court and seeks damages for a proposed class of “tens of thousands” of Flint residents and property owners who have suffered physical or economic injuries. The named plaintiffs are seven residents and their 17 children who lawyers say have heightened lead levels.

The state’s slow response to the water crisis drew sharp rebukes from Democratic presidential candidates Bernie Sanders and Hillary Clinton on Sunday. Both called for Snyder’s resignation. A spokesman has said the Republican governor has no intention of stepping down.

Flint, a predominantly black city of 100,000, was under the control of a state-appointed emergency manager when it switched its water source in April 2014 to the Flint River from Lake Huron. The more corrosive river water caused lead to leach from city pipes and into the drinking water.

The city switched back last October after tests found high levels of lead in blood samples taken from children, but the drinking water has not returned fully to normal. Flint began replacing lead pipes running to homes on Friday.

Attorneys Hunter Shkolnik and Adam Slater allege in Monday’s lawsuit the governmental defendants failed to take measures required by federal law to eliminate the dangers and downplayed the severity of the contamination to residents.

Children are especially vulnerable to lead exposure, as even small amounts can stunt development, leading to lifelong academic and behavioral problems.

Current and former officials and workers in Michigan and Flint are named as defendants, along with engineering firm Lockwood, Andrews & Newnam, which was hired to assess the feasibility of using Flint River water.

A firm representative said the lawsuit mischaracterized its role and it would vigorously defend its position in court.

The lawsuit accuses the governmental defendants of gross negligence, which is an exception to the immunity that shields federal and state governments and employees from lawsuits over their official duties. The strength of the immunity defense has kept many leading plaintiffs’ lawyers away from filing lawsuits over the Flint crisis.

The families seek payment for past and future health costs and monitoring as well as compensation for lost property value, replacement of pipes and reclamation of contaminated property.

(Reporting by David Bailey in Minneapolis; Editing by Anthony Lin and Matthew Lewis)

Michigan governor issues appeal over Flint funds denial

(Reuters) – Michigan Governor Rick Snyder has urged federal officials to reconsider their denial for funds to help deal with the crisis caused by lead-contaminated water in the city of Flint, his office said on Thursday.

The contamination and the state’s long delay in addressing the problem have sparked outrage and drawn attention from U.S. presidential candidates.

In the latest appeal to the Federal Emergency Management Agency, Snyder is requesting money to pay for food, water and other essential needs; the removal of health and safety hazards; activation of emergency operations centers; measures to avoid further damage; and homeowners’ repairs not covered by insurance.

A FEMA spokesman said Snyder’s appeal was under review by the agency.

The agency turned down an earlier request for financial help in January because the areas in which Snyder requested aid were deemed not appropriate, but has provided non-monetary support in the form of a FEMA coordinator.

Also in January, Snyder asked for federal declarations of emergency and major disaster. President Barack Obama approved the federal emergency declaration, but denied a major disaster declaration. Snyder appealed that decision and was denied.

Snyder said on Thursday that Flint needed continued local, state, federal and national efforts. “Assistance from our federal partners could go a long way in moving Flint forward,” he said.

Activists and some Democratic state lawmakers have demanded that Snyder resign, but a spokesman said the Republican governor had no intention of stepping down.

Snyder is scheduled to testify before a U.S. congressional committee on March 17.

Also on Thursday, Snyder said the federal government approved a waiver allowing for Medicaid coverage for children and pregnant women in Flint.

Flint, a predominantly black city of 100,000 about 60 miles northwest of Detroit, was under the control of a state-appointed emergency manager when it switched the source of its tap water from Detroit’s system to the Flint River in April 2014.

The city switched back last October after tests found high levels of lead in blood samples taken from children.

Water from the Flint River, which was more corrosive than Detroit’s, leached lead from the city’s pipes, posing widespread health risks.

Experts have said it could take some time for anti-corrosive chemicals now being added to the water to re-coat pipes so that they will not leach more lead.

Meanwhile, Flint officials said they would begin replacing lead pipes running to homes with copper on Friday as part of a $55 million project.

(Reporting by Suzannah Gonzales; Editing by Ben Klayman, Tom Brown, Alan Crosby and Marguerita Choy)

Michigan governor’s aides urged switch away from Flint River

DETROIT (Reuters) – Quality problems prompted two of Michigan Governor Rick Snyder’s top lawyers to urge that Flint be moved back to the Detroit water system just months after a decision to draw water supply from the Flint River, according to emails released on Friday.

Several critics have called for Snyder to resign over concerns about the state’s poor handling of the crisis, and the governor said Friday he felt regret every day.

Flint switched its water supply from Detroit to the Flint River in April 2014 in a bid to cut costs when the city was under a state-appointed emergency manager.

While the city switched its water source back to Detroit in October 2015, corrosive water from the river had already leached lead from city pipes, posing a serious threat to public health.

Snyder’s aides discussed Flint’s water quality problems as early as autumn 2014, with one calling the situation “downright scary,” about a year before the switch back to the Detroit system was finally made. The Detroit Free Press and Detroit News earlier reported about the emails, which were released by the governor’s office.

“That’s where I’m kicking myself every day,” Snyder said after signing a $30 million supplemental bill to reimburse Flint residents for their water bills. “I wish I would have asked more questions.”

Snyder, scheduled to testify to Congress on March 17, has repeatedly apologized for the state’s poor handling of the crisis.

Liberal group Progress Michigan again called for Snyder to resign, citing the emails.

“There’s no reasonable person who can believe at this point that every top adviser to Rick Snyder knew that there was an issue, but Snyder knew nothing,” said executive director Lonnie Scott, who also called for Snyder’s resignation.

Valerie Brader, Snyder’s senior policy adviser, addressed problems over the quality of Flint River water in an email to the governor’s chief of staff, Dennis Muchmore, and others on Oct. 14, 2014.

She argued Flint should be returned to the Detroit water system, citing bacterial contamination and reduced quality that prompted General Motors to switch away from the river due to rusted car parts.

Michael Godola, then the governor’s legal counsel, responded, calling the Flint River as a water source “downright scary.”

On Friday, State Representative Sheldon Neeley of Flint asked Attorney General Bill Schuette for his legal opinion on whether an official withholding information that leads to death or harm can be charged criminally.

(Editing by Bernadette Baum and Matthew Lewis)

Protesters in Flint demand new pipes in response to water crisis

FLINT, Mich. (Reuters) – More than 500 protesters led by civil rights activist Jesse Jackson marched to the Flint water plant on Friday to demand clean water and the replacement of corroding pipes in response to the city’s lead contamination crisis.

“This is a crime scene. Somebody lied. Somebody lied. Somebody covered up. We want water we can drink,” Jackson said.

As a cost-cutting measure in 2014, Flint switched its water system from Detroit to a local river. The more corrosive water from the river leached lead from water system pipes, leading to high levels of lead in hundreds of homes.

The lead contamination – which could have been prevented with anti-corrosion treatment of the water – has become a national political scandal as emails and documents have emerged showing that Michigan officials tried to play down the problem for months.

Jackson was accompanied by ministers from the group Concerned Pastors for Social Action; Judge Greg Mathis, a syndicated television personality; and Flint mother and activist Melissa Mays.

“Thank you for coming out to march with Flint, for Flint and for yourselves, because be aware that if it can happen here it will and is happening everywhere else,” Mays told the crowd before the march began.

Some people sold “Flint Lives Matters” T-shirts and handed out bottles of water to marchers.

Governor Rick Snyder asked state lawmakers last week to provide $195 million for health, nutritional, educational, water bill payment and infrastructure aid to Flint on top of $37 million already approved for the current and fiscal 2017 budget.

Flint Mayor Karen Weaver has said Snyder’s allocation of $25 million to remove lead pipes falls short of the estimated $55 million price tag. Snyder pledged an additional $2 million to remove lead pipes on Thursday.

The Republican governor, who has faced sharp criticism for his response to the problem, has been called to testify on the matter before a U.S. congressional committee next month. The issue has also become a focus of the U.S. presidential campaign.

(Reporting by Serena Maria Daniels in Flint; Writing by Mary Wisniewski; Editing by Cynthia Osterman)