The Shadow
Covington, VA – Official city documents obtained from a Freedom of Information Act (FOIA) request revealed that the City of Covington faces significant scrutiny and potential fines and permit revocation due to multiple violations at its water treatment plant. This lack of certified staff and water quality monitoring means the city cannot guarantee the safety of its drinking water, leaving residents potentially exposed to harmful contaminants. The Virginia Department of Health (VDH) has issued three Notices of Alleged Violations (NOAVs) to the city over the past year, highlighting failures in operational and monitoring practices that contravene state regulations.
In a notice dated June 1, 2023, addressed to City Manager Allen L. Dressler, the VDH highlighted that the Covington Water Treatment Plant operates 16 hours a day, seven days a week, but currently only has one Class 1 licensed operator. As per VDH regulations, a Class 1 waterworks must have a licensed Class 1 operator on-site at all times during its operation. This requirement means the city must have multiple Class 1 operators to cover various shifts, assuming each operator works a maximum of 8 hours a day, 40 hours a week.
This problem persisted into 2024. On May 7, 2024, another notice from the VDH reiterated that only one Class 1 operator was available, again failing to comply with the continuous staffing requirement. This recurrent issue underscores a systemic failure within the city’s leadership and management of its waterworks to comply with Virginia Law.
Steven J. Kvech, the VDH Deputy Field Director, emphasized the severity of this issue by noting the absence of a Class 1 operator during all operational hours is a serious infraction. It compromises the plant’s ability to function correctly and safely, potentially endangering public health. Kvech furthered, if the City continues to ignore VA Laws, “Enforcement actions include permit revocation, administrative orders, and civil or criminal proceedings, and civil charges or penalties of up to $5,000 per day for each violation.”
Mayor Tom Sibold stated to the Virginian Review on April 11, 2024, that he was aware the plant did not have enough Class 1 operators, and in the interim, stated the City had retained CHA Consulting to fill the Class 1 Operator vacancy. The Virginian Review requested documents via a FOIA to support this claim, including contracts, invoices, and any financial reports from the engineering firm.
Upon review of the contract with CHA, there seems to be no mention of the firm providing a Class 1 Operator service for at minimum an 8-hour shift per day, 7 days a week to fill the required vacancy. Furthermore, large engineering firms typically only provide services on the design and planning side, as confirmed by the City’s contract with CHA. Engineering firms also charge an average of $150 to $300 an hour for their professional services, which if Mayor Sibold’s statement is accurate, fulfilling the city’s required Class 1 Operator position for a minimum 8 hours a day 7 days a week would equate to $8,400 to $16,800 per week, or up to $67,200 per month, or up to a staggering $806,000 a year in additional costs to the city taxpayers. The City further failed to provide any documented evidence, invoices, or financial statements from CHA to confirm that they are fulfilling the Class 1 Operator position.
Further compounding the city’s regulatory woes are failures in water quality monitoring. An official notice from the VDH dated January 17, 2024, detailed three infractions of Covington’s failure to monitor for inorganic chemicals, volatile organic chemicals (VOCs), and physical constituents during the 2023 compliance period. VDH official Kvech identified the specific failures of the City to test for the following contaminants in 2023:
Inorganics – antimony, arsenic, barium, beryllium, cadmium, chromium, fluoride, mercury, nickel, total nitrate and nitrite (as N), selenium, thallium, aluminum, chlorine, copper, corrosivity, iron, manganese, silver, sodium, sulfate and zinc;
Volatile Organic Chemicals – benzene, carbon tetrachloride, chlorobenzene, o-dichlorobenzene, p-dichlorobenzene, 1,2-dichloroethane, 1,1-dichloroethylene, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, dichloromethane, 1,2-dichloropropane, ethylbenzene, styrene, tetrachloroethylene (PCE), toluene, 1,2,4-trichlorobenzene, 1,1,1-trichloroethane, 1,1,2-trichloroethane, trichloroethylene (TCE), vinyl chloride and xylene (total)
Physical Constituents – color, odor, pH and total dissolved solids
As required by the VDH, the city must issue timely public notices to inform residents of these violations. These notices must be distributed directly to consumers, posted in public places, and included with water bills. The city is also mandated to provide updates every three months until the violations are resolved.
VDH official Steven J. Kvech outlined the necessary steps for Covington to resolve its violations: “Collect and have analyzed inorganics/metals, nitrate/nitrite and volatile organic chemical entry point samples as soon as possible in 2024. Continue to provide updates to the Lexington Field Office on efforts to meet Class 1 waterworks licensed operator staffing requirements at all times the plant is in operation. Ensure that the water plant is always operated by an experienced licensed waterworks operator until this issue is resolved and that assistance from a Class 1 licensed waterworks operator is always available by phone.”
For City consumers, VDH Official Kvech suggests, “Please share this information with all other people who drink this water, especially those who may not have received an official City notice directly (for example, people in apartments, nursing homes, schools, and businesses.)”
For more information, please contact Mr. Anthony Lowry, Director of Public Works or your Mayor or Vice Mayor., at 540-965-6321 or 333 W. Locust St, Covington VA 24426.
