Guin Water Works Board Fined By ADEM Amid Drinking Water Concerns

GUIN, AL — The Alabama Department of Environmental Management (ADEM) has fined a west Alabama city for employing non-certified individuals to operate a Grade IV surface water treatment plant.

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The Guin Water Works and Sewer Board in Marion County was also cited by ADEM for failure to notify the state agency in writing of personnel changes affecting its certification compliance within 30 days.

In total, ADEM has fined the Guin Water and Sewer Board $150,000, in addition to immediately demanding the public utility ensure a Grade IV certified water operator is in charge at all times while the plant on U.S. Highway 43 in Marion County is operating.

The state agency also ordered the utility to submit a list of all Grade IV operators assigned to work at the treatment plant or provide a contract if a contractor is utilized.

Grade IV operators are required to pass the State of Alabama Water & Wastewater Operator Exam with a score of 70 or better, according to ADEM standards, before becoming an "operating intern" that is later evaluated by ADEM officials before receiving Grade IV certification.

As Lee Hedgepeth of CBS 42 News was first to point out, the fines come amid ongoing concerns over the city's water supply itself being contaminated by 3M Guin's operations on Highway 43.

The Guin Water Works and Sewer Board — first founded as a public utility in 1955 —provides drinking water for approximately 1,700 customers.

Indeed, the City of Guin and 3M reached an agreement last December after the city filed a lawsuit against the company over potential pollutants being discharged into Purgatory Creek. According to media reports, the city ended the legal battle after 3M agreed to fund improvements for the city's drinking water filtration system.

One ADEM complaint filed on July 31 argued the agreement would allow 3M to continue polluting Purgatory Creek, which the individual filing the complaint said was unable to be cleaned due to high levels of polyfluoroalkyl substances — commonly referred to as PFAS.

PFAS, as defined by the federal Environmental Protection Agency, are widely used, long-lasting chemicals, the components of which break down very slowly over time.

Due to its prevalence in industrial sectors, PFAS are found in water, air, fish, and soil, with the EPA pointing to scientific studies showing that exposure to some PFAS in the environment may be linked to harmful health effects in humans and animals.

The ADEM complaint from late July also voices opposition to the possibility of the City of Guin shifting its public drinking water source to nearby Beaver Creek.

" If the Guin waterworks secure funds for a new water source, 3M would be able to pollute Purgatory Creek forever," the complaint argues. "How is this not collusion?"

Another complaint filed in May alleged that 3M poured two 50 gallon barrels of paint into the water system via manhole behind the plant — a practice that the complainant claimed occurred on a weekly basis.

As for the civil penalties handed down by ADEM against the City of Guin, the terms will be finalized following a 30-day period for public comment on the matter. The comment period is set to wrap up at the close of business 30 days from the issuance of the Aug. 24 notice.

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