May 26, 2006

The Marietta Times
700 Channel Lane
P.O. Box 635
Marietta, Ohio  45750 

Dear Ms. Editor:

I am writing to correct false impressions left by statements contained in a May 20, 2006 article (“More than just C8 a concern”) regarding the lawsuit recently filed by Little Hocking Water Association (LHWA) against DuPont.

First, the article incorrectly states that the LHWA lawsuit “will further slow down construction of the filtration facility.” (quoting the article) In fact, the lawsuit does nothing to interfere with the construction of the filtration plant.  To the contrary, the lawsuit seeks to hold DuPont responsible for its contamination of LHWA’s water supply by ensuring that the filtration plant is built and that it protects the safety of our wellfields in the future.  The judge will only need to rule on DuPont’s duty to build the plant if DuPont does not keep its word to build the plant.

Second, when DuPont rejected LHWA’s numerous offers to extend a tolling agreement (an agreement that delays litigation between parties without either side suffering a penalty), DuPont knew that LHWA would have to file suit no later than May 15. If LHWA did not file by May 15, DuPont may have escaped responsibility for its contamination by arguing that LHWA waited too long to file its claims in court.

Third, the May 20 article directly quotes a DuPont spokeswoman as saying that “getting an agreement in place with Little Hocking is critical to beginning construction of the plant.” This is misleading because, on May 5, 2006, LHWA submitted the design drawings and other documents and the permit application to the Ohio EPA.  This is everything necessary to expedite the Ohio EPA’s approval and allow DuPont to build the filtration plant.

LHWA will continue to do everything it can to expedite the construction, testing and operation of the filtration plant.  


Lyle Dayhoff
The Little Hocking Water Association, Inc.