Drips Continued from page 14
www.ca-nv-awwa.org 39
MANAGER’S CORNER
whereas Shell and Dow are in a much
better position to fund MCL compliance,
and the law holds them responsible for
causing the problem. Time is of the es-sence,
however, to take legal action. Law-suits
brought too late after the discovery
of the TCP problem could risk dismissal
by the court under the three-year statute
of limitations. Moreover, given the ev-er-
growing list of cases being filed, it is
also important for a community to secure
its place in the coordinated proceeding.
Water providers should begin ex-ploring
how they can best address their
TCP contamination. Will they need to re-move
wells from service, drill new wells,
install treatment facilities, and/or pur-chase
alternative sources of water? Will
they be able to blend water sources to
achieve compliance? Engaging in litiga-tion
to recover TCP treatment costs is but
one of several steps water providers can
take. Because litigation does not progress
rapidly, and because court verdicts or set-tlements
may only pay part of the costs of
complying with the MCL, utilities should
also explore other financing options, such
as grants, bonds, and rate increases.S
Figure 1: Litigation Process
SSS Congratulation
FINALLY, ON A PER-
sonal note, I would like to
recognize and congratu-late
my mentor and friend
of more than 25 years Dr.
Andrew Eaton, who re-cently
received the Dr. Charlie W. Carter
Award from the National Environmen-tal
Monitoring Conference (NEMC). This
award recognizes a “technically competent
individual and leader in the environmental
measurement, monitoring, or laboratory in-dustry,
embodying Dr. Charles W. Carter’s
strengths in scientific expertise, communi-cation
and mentoring.” Congratulations,
Andy! S
Rick Zimmer is a Senior Account Manager at
Eurofins Eaton Analytical, Inc. where he manages
projects in California, Hawaii and elsewhere. He
is chair of CA-NV AWWA’s Safe Drinking Water
Committee and Regulatory Committee Chair for
the Sacramento Area Water Works Association.
