Tag: Greg Ginyard

  • DHEC finds radioactivity in Jenkinsville water

    JENKINSVILLE – Contamination has been reported again in Jenkinsville water.

    In July, the S.C. Department of Health and Environmental Control, or (DHEC) issued a new notice of violation against the JWC, the fourth such violation in five years, and fifth since 2010, according to public records.

    The latest violations occurred at Well 15 on Clowney Road. Other wells are in compliance.

    JWC exceeded Gross Alpha radiation levels on two occasions in 2018 — July to September, and October to December, DHEC records show.

    Gross Alpha is a test that measures radioactivity levels in water, according to the Environmental Protection Agency, or EPA.

    During the October to December testing period, Gross Alpha levels peaked at 34 pCi/L (picoCuries per liter). July to September radioactivity levels came in at 23 pCi/L.

    The state legal limit for drinking water is 15 pCi/L, according to DHEC.

    Samplings taken since then have been in compliance.

    From January to March, radioactivity was 11 pCi/L. From April to June, it was 12 pCi/L, documents show.

    JWC chairman Greg Ginyard said he couldn’t explain the 2018 measurements found in violation. He said the JWC has done nothing different in the past 12 months, yet radioactivity levels dropped to acceptable levels.

    “It doesn’t make sense to me. Was it a blip in the lab somewhere? I don’t know,” Ginyard said. “They had two that were bad that were a year ago. I don’t have any answers.”

    In 2010, DHEC issued a notice of violation when uranium was found in a JWC water storage tank in Blair. Radium has been found on multiple occasions at the Clowney Road well, records show.

    “Effects of Exposure to Radium”

    DHEC spokeswoman Laura Renwick said Jenkinsville water customers should not worry about ill effects from short time exposure.

    “Over a long period of time and at elevated levels, ingestion of radium increases the risk of bone cancer and uranium increases the risk of kidney damage,” Renwick said via email. “There are no immediate short-term health risks or symptoms from drinking water that contains gross alpha radiation.”

    No fines or penalties had been imposed as of press time. An enforcement conference will be held at a later date.

    Renwick said the JWC must submit to DHEC a corrective action plan that addresses the violation. The JWC must also publicly notify customers within 30 days of the violation, which is dated July 23.

    The latest violation is the fourth in five years that DHEC has issued against the Jenkinsville water provider, agency records state.

    It also comes amid pushback and threats of litigation from the JWC and its attorneys against Fairfield County Councilwoman Bertha Goins, who’s publicly criticized the authority over its water quality. No lawsuits had been filed as of press time, according to the Fairfield County Public Index.

    In June, the JWC went as far as to issue an ultimatum demanding Goins retract her statements. She refused, saying publicly and through her attorney that the JWC’s threats are meant to intimidate and silence her.

    In one of its letters to Goins, the JWC called its water “award winning,” asserting that no contaminants above DHEC levels have been detected in seven years.

    Legal Victory for JWC

    The violations reported in July overshadow a legal victory for the JWC, which succeeded in having one of two pending lawsuits partially dismissed.

    In 2014, D. Melton of Broad River Campground sued the JWC for breach of contract after the body rejected his request for increased capacity.

    Melton later amended his suit to include JWC chairman Greg Ginyard and vice-chairman Joseph McBride individually as defendants. The amended suit also alleged violations of the S.C. Unfair Trade Practices Act, or SCUTPA.

    In February, a circuit judge dismissed the SCUTPA claim as well as individual suits against Ginyard and McBride while allowing the breach of contract litigation to continue.

    Circuit Judge Brian Gibbons wrote in his order that he found no evidence the JWC was guilty of unfair trade practices.

    “Plaintiff BRC failed to prove that Mr. Ginyard and/or Mr. McBride acted with reckless, willful, wanton, or gross negligence,” Judge Gibbons wrote. “To the contrary, the evidence shows that Defendant JWC acted in accordance with the advice and recommendation of its third-party engineers, and no evidence showed, or even inferred, that Mr. Ginyard or Mr. McBride attempted to undercut, disregard, or deviate from those recommendations.”

    Ginyard declined to comment on the pending litigation, but did say he doesn’t see the partial dismissals as legal victories.

    “To me it’s not a victory because I didn’t do anything wrong. I knew all the time that there was going to be vindication,” Ginyard said. “I took a polygraph. I passed it.”

    NOTE: This story has been corrected to say customers should not worry about ill effects from short term exposure.

  • Trial for JWC, board set for May 7

    JENKINSVILLE – Motions relating to pending lawsuits against the Jenkinsville Water Company and some of its officers are scheduled to be heard in a Fairfield County courtroom this week. In all, four motions will be heard on Friday, April 27. A trial date of May 7 has been set in one of the lawsuits, according to Fairfield County court documents.

    Ginyard

    One motion on Friday’s docket seeks to merge two similarly worded lawsuits – one filed in 2014 and the other in 2016. Both suits were filed by the Broad River Campground.  JWC is named as the lone defendant in the 2014 suit, while JWC president Greg Ginyard and vice president Joseph McBride are co-defendants in the 2016 litigation.

    Both suits concern a dispute over water usage agreements between the campground and the JWC. They also dispute how rates were calculated. Many people living at the campground were workers at the V.C. Summer nuclear plant in Jenkinsville. More water service was needed to accommodate growth in the campsites, the lawsuits state.

    “Jenkinsville Water Co., led by Ginyard and McBride, unfairly, unreasonably, and dishonestly used an inflated estimated water usage rate rather than the actual water usage rate … in making the decision to deny the additional 49 campsites,” the campground states in its complaint.

    Another motion the campground filed seeks permission to amend its original complaint. Additional details were not contained in court documents, and will be presented during Friday’s hearing, court documents state.

    The court will also hear a motion for summary judgment filed by the JWC.

    In a memo, the JWC said water is a finite resource that must be regulated.

    “JWC’s actions did not harm the public interests, as the Company acted prudently to ensure that the water would be conserved properly and would be available to other customers and potential customers,” the memo states.

    Specifically, a 2009 letter the JWC wrote to Broad River Campground stated water usage was capped at 8,050 gallons per day, but the number would rise to 21,000 gallons per day if service to the additional sites was approved.

    JWC also disputes the assertion that the letter constitutes a contract.

    “The parties never had a meeting of the minds and never entered into a valid contract,” the memo states.

    Broad River Campground filed another lawsuit in December 2016 that alleges the JWC has violated the state’s Freedom of Information Act. That case is still pending and it is not on the docket Friday.


    Related articles: Water Company Faces FOIA LawsuitWater Company Officers Added to Lawsuit,