Lawsuit settled over use of unapproved chemical in Denmark water
DENMARK, S.C. (WRDW/WAGT) - A settlement has been reached in a lawsuit that followed a News 12 investigation revealing the state was allowing Denmark to treat water with a chemical not approved by the EPA.
The spokesman for a law firm representing town residents confirmed the settlement Monday.
Residents are eligible to seek money after the settlement of the class action over treatment of well water with HaloSan, which is often used in swimming pools.
The insurer of Berry Systems, which installed the system, will pay $1 million under the settlement, although about a third of that will go toward attorney fees and other expenses related to the suit.
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In addition to Berry Systems, the state and the city of Denmark are named in the lawsuit, but they aren’t on the line for money.
South Carolina was named in the lawsuit because the state environmental agency allowed use of the chemical even though the U.S. Environmental Protection Agency had not approved it.
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It’s unknown whether the chemical caused harm, and the payouts aren’t based on any injury claims. Instead, they are refunds for water purchased while the chemical was being used in one of its four wells.
According to attorney Bakari Sellers, who represented residents in the lawsuit, it would have been hard to get money from the state and the city.
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The chemical was actually meant to be part of a solution in the town that’s had discolored and contaminated water for years.
HaloSan was injected into the well for a decade in an effort to control bacteria, but that stopped in 2018.
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