Lawyers, famous activist focus on Wayne water crisis

WAYNE – About 2,400 homes in and around the Town of Wayne have been without water service for more than two weeks because of alleged vandalism at a substation led to the leak of nearly 5,000 gallons of oil into Twelvepole Creek.

Now, local lawyers and a famous national figure are taking notice.

Wayne water customers have been under a “Do Not Consume” order since January 16. The state Department of Environmental Protection says vandalism at an Appalachian Power substation in East Lynn caused 4,900 gallons of transformer oil to leak into Twelvepole, which runs through Wayne before draining into the Ohio River. The state Department of Health says hydrocarbons have been found in the Wayne water system.

The Department of Health and town officials have been collecting samples, but freezing temperatures have hindered testing and have slowed cleanup efforts.

At least one local law firm is talking to Wayne water customers about possible litigation.

Paul Biser of Fredeking & Biser in Huntington said he has been doing some preliminary work on the issue for a potential class action lawsuit. He said he’s talked to more than 100 Wayne water customers about the matter.

“I’ve been getting 10 to 15 calls a day at least,” Biser told The West Virginia Record. “Right now, we’re gathering information and kind of waiting to see what develops. We’re watching the water testing and all of that.

“Regardless, people haven’t had water for more than two weeks. They’re having to run around to get it, take showers, wash clothes, get water anywhere they can.”

Biser noted a similar incident at a Boone County mine in 2022 that involved the same mine company – Rockspring Development – and AEP.

“We’re waiting to see who all is going to be involved,” he said. “Appalachian Power, of course, because it’s their transformer. And it’s on mine property, so the mine company as well. The mine should have known this could happen, based on what happened in 2022.

“Anyone can get on that property. The gate is open. People are out there four-wheeling all the time. No one was out there watching it, monitoring the site.”

Biser said the mine has been closed for several years, and the mine company apparently has been working at the site lately salvaging metal and equipment.

“Even if it was vandalism, they (Rockspring) were doing demolition work,” he said. “The vandalism apparently was just opening a valve and letting the oil flow out.

“They should have taken prevention to keep that from happening. There’s no security there now. There’s nothing in place. Every Tom Dick and Harry can go out there to do whatever they want.”

And, famous environmental activist and consumer advocate Erin Brockovich posted about the Wayne situation January 28 on social media.

“Wayne County, West Virginia — I see you,” Brockovich wrote on Facebook. “I want you to know that I am seeing your messages and hearing your concerns. I didn’t want anyone to think they were being ignored. What you’re dealing with is serious, and your voices matter.”

In the post, she said she is working with water expert Bob Bowcock to get carbon delivered to Wayne’s water treatment system to help with filtration. She also said Bowcock wants to work with the state to “better prepare for these manmade and natural disasters.”

Brockovich also asked residents to message her with any information about the origins of the situation.

“Information from the community is often critical in understanding what happened and what needs to happen next,” she wrote. “Please continue to look out for one another. I will continue to stay engaged and do what I can to help.”

Brockovich was active in West Virginia in 2014 when a chemical leak left 300,000 people without water for days in the Charleston and Kanawha Valley area.

In 1993, Brockovich helped build a case against Pacific Gas and Electric in California over the pollution of the water supply in the town of Hinkley. That story became the 2000 movie “Erin Brockovich,” starring Julia Roberts in the title role.

Wayne County Sheriff Eddie Bradshaw said the department is offering a $2,500 reward for information on the alleged vandalism, and water is being distributed at Wayne Town Hall and the East Lynn Fire Department. Shower and laundry services also are available at Wayne Town Hall, East Lynn Fire Department, Dunlow Community Center and Wayne Charter House.