AVX incident spurs call for DHEC audit

Strand lawmakers want answers on accountability to affected area

Grand Strand lawmakers have asked a state auditor to investigate whether the S.C. Department of Health and Environmental Control effectively prosecutes polluters and whether the agency should do more to notify people whose properties might be affected by contamination.

“We’re particularly concerned about the accountability of DHEC to local governments and affected citizens,” said state Rep. Alan Clemmons, R-Myrtle Beach. “If contamination flows onto your property, how accountable is DHEC in informing you of the impact.”

Clemmons and six other legislators sent a letter Friday requesting the audit to the state’s Legislative Audit Council.

The legislators’ request was prompted by concerns over groundwater contamination in a 10-block neighborhood north of electronics manufacturer AVX Corp.’s headquarters on 17th Avenue South in Myrtle Beach.

AVX secretly dumped high levels of trichloroethylene, a degreaser that has been linked with cancer, into the groundwater at its headquarters for decades before informing DHEC of the contamination in 1995.

DHEC learned in 2006 that the contamination had spread to groundwater in the neighborhood adjacent to AVX. However, the agency did not tell residents or Myrtle Beach officials about the problem until the issue was brought to light by reports in The Sun News beginning in November.

“The biggest question is whether DHEC is being accountable not only to the folks in Horry County but also to residents in other places where this type of thing has occurred,” said state Sen. Luke Rankin, R-Myrtle Beach.

“Do we as legislators need to do more so they have the tools to properly investigate and prosecute these cases in a timely manner?” Rankin said.

George Schroeder, the audit council’s director, said the council will meet late this month or in early March to discuss the request.

“When we start an audit, we usually spend some time talking to those who requested it to find out specifically what they want us to look at,” Schroeder said. “After that, our work is done in a confidential manner until the final report is issued.”

DHEC spokesman Thom Berry said the agency “would welcome and fully cooperate with an audit of our activities.”

Schroeder said he has no estimate for how long a DHEC audit might take.

The legislators asked for the audit “as soon as possible in an effort to assuage concerns [and] provide the General Assembly with guidance as to what legislative remedies, if any, need to be addressed this session.”

The General Assembly’s current session ends in June.

“The audit would be twofold,” Clemmons said. “First, to see if DHEC has complied with all of their statutory requirements. And second, we want recommendations on how to fill the gaps if there are areas where the statute falls short.”

The Legislative Audit Council conducts independent performance audits of state agencies to judge their efficiency and effectiveness. Audits can take from two to eight months, and a report outlining the findings is released when the review is completed.

DHEC’s most recent legislative audit was last year, when the council reviewed the agency’s process for issuing water quality permits and certifications. That audit identified several shortfalls, inconsistencies and the potential for conflicts of interest.

Prior to last year, DHEC last was audited in 1996, according to the council’s Web site.

Environmental tests of groundwater in the neighborhood near AVX show TCE levels of up to 19,200 parts per billion.

The Environmental Protection Agency says five parts per billion is the maximum safe level. A part per billion is a measurement equal to one penny in $10 million or one minute in 1,900 years.

The contamination is not in the city’s drinking water, and DHEC still is conducting tests to see whether TCE vapors are seeping through soil in the neighborhood. Such vapors could pose a health risk to residents.

Several property owners near the AVX facility are suing the manufacturer, claiming the contamination has made their land worthless. Those owners want AVX to pay them the fair-market value for their property as if the contamination did not exist.

No court dates have been set.

ONLINE

To read more of The Sun News’ series about contamination at AVX Corp., visit MyrtleBeachOnline.com and click “TCE Contamination” under the “Special Sections” tab.

Who signed

The state legislators who signed a letter requesting a performance audit of the state’s Department of Health and Environmental Control:

Sen. Luke Rankin, R-Myrtle Beach

Sen. Ray Cleary, R-Murrells Inlet

Sen. Yancey McGill, D-Kingstree

Sen. Dick Elliott, D-North Myrtle Beach

Rep. Alan Clemmons, R-Myrtle Beach

Rep. Tracy Edge, R-North Myrtle Beach

Rep. Thad Viers, R-Myrtle Beach

By David Wren

The Sun News

2/2/2008