WAPA Chief Criticizes Lawsuit as Hazardous to Utility’s Financial Stability

Andrew Smith, the CEO of the Virgin Islands Water & Power Authority (WAPA), has recently voiced his concern regarding a class action lawsuit filed against the utility. This lawsuit, centered around allegations of heavy metal contamination in St. Croix’s water system, has been characterized by Smith as an opportunistic move during a challenging period for the community.

Mr. Smith, reaffirming the Authority’s dedication to resolving the water quality issue, expressed his disappointment over the lawsuit’s intent, which he perceives as a financial exploit of St. Croix’s ongoing water situation. He emphasized the Authority’s commitment to the wellbeing of St. Croix’s residents.

The class action, spearheaded by Xiomara Torres and other St. Croix residents, raises serious concerns about the presence of lead and copper in the drinking water, alleging a considerable health threat. The lawsuit, filed by Lee Rohn and Associates, accuses WAPA and Seven Seas Water Solutions USA LLC of negligence and gross negligence.

The situation escalated on October 14, 2023, when WAPA issued a contamination notice. This prompted cautionary advisories from the V.I. Dept. of Health and Governor Albert Bryan Jr., impacting numerous residents with recommendations against water consumption.

In defense of WAPA, Mr. Smith highlighted the utility’s immediate and comprehensive response, including the Clean Water Action initiative, a testament to their commitment to customer safety and transparent communication.

The lawsuit details various alleged shortcomings of WAPA in upkeeping a reliable drinking water system, such as discolored and odorous water and frequent leaks. The plaintiffs are seeking both injunctive and monetary relief for a range of damages, including economic loss, property damage, personal injury, and the establishment of a medical monitoring program.

However, these claims have recently been called into question. Marc Edwards, a water expert from Virginia Tech, has raised doubts about the legitimacy of the toxicity levels reported, pointing to potentially flawed sampling methods. In a reassuring update, Governor Bryan announced new EPA test results indicating that the levels of lead and copper are significantly below actionable standards, with many samples showing no detectable contamination, challenging the initial alarming findings.

Attorney Lee Rohn, representing the plaintiffs, remains hopeful for a favorable outcome that prioritizes the health and safety of St. Croix’s residents. The law firm’s statement underscores their aim to ensure clean drinking water is provided at the expense of the responsible entities, not the taxpayers or ratepayers.