The South Carolina Department of Environmental Services' (DES) proposal to charge Brady Hill $2.4 million for school pollution records is a shocking and concerning development. This incident highlights the absurdity of the Freedom of Information Act (FOIA) process and the potential for government agencies to abuse their power. The DES' response, which included a $605,000 deposit, is not only financially burdensome but also raises questions about the agency's competence and transparency.
The core issue here is the discovery of forever chemicals in the soil of Black Creek Elementary School, which opened in 2025. These chemicals, known as PFOA and PFOS, can cause various health issues, including cancer and thyroid problems. The school's construction site had a history of being used as a sludge disposal site by the Galey and Lord textile plant, which contaminated the soil with these harmful substances.
Hill's request for records, including emails, test results, risk assessments, and soil sample analysis reports, was a reasonable and necessary step to ensure the safety of the children attending the school. However, the DES' response was not only excessive but also seemed to be an attempt to dissuade Hill from obtaining the information he needed.
The agency's claim that the request would generate over 3 million emails is absurd, especially considering that Hill was only seeking information from the past six months. This suggests that the DES might be trying to cover up the extent of the pollution and the potential risks to the children.
The situation is made even more concerning by the fact that the DES has a history of questionable behavior. In March, the agency threatened to sue a local farmer for putting up signs with the department's logo about an upcoming public meeting. This incident, combined with the $2.4 million request, raises serious doubts about the agency's commitment to transparency and accountability.
The criticism from state Rep. Joseph Bustos and Brad Turley highlights the absurdity of the DES' response. The agency's bureaucracy has failed the children by playing financial games and not prioritizing their health and safety. The DES' suggestion that the school district take steps to reduce exposure, such as putting grass or mulch on the playgrounds, is a half-hearted attempt to address the issue.
The situation also brings to light the flaws in the FOIA process. Jay Bender, an attorney and expert on the state's open records law, points out that the DES could have waived the fees, as disclosing information relevant to the health and safety of school children is in the public interest. However, the law also allows agencies to charge for redaction, which can be used as a tool to avoid providing information.
In conclusion, the DES' proposal to charge Brady Hill $2.4 million for school pollution records is a disturbing example of government overreach and a lack of transparency. The agency's behavior raises questions about its competence and commitment to the well-being of the public. It is crucial for the DES to reevaluate its approach to FOIA requests and ensure that it is acting in the best interest of the children and the community.
