Too much radium in the drinking water can be a health hazard according to the U.S. Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ). The TCEQ has notified the Harris County Municipal Utility District No. 167 (MUD 167) water system that the drinking water being supplied to customers of MUD 167 had exceeded the Maximum Contaminant Level (MCL) for Combined Radium 226 and Radium 228. The EPA has established the MCL for Combined Radium 226 and Radium 228 at 5 pico curies per liter (pCi/L), and has determined that it is a health concern at levels above the MCL. Also, the EPA has established the MCL for gross alpha particle activity at 15 pCi/L. The TCEQ has notified MUD 167 that the drinking water being supplied to customers had exceeded the MCL for gross alpha particle activity.

2002 Drinking Water Quality Report.

The 2002 Drinking Water Quality Report for MUD 167 provided the following information for the levels detected of Radium and gross alpha particle activity in the water supplied by MUD 167:

The abbreviation “MCLG” refers to the Maximum Contaminant Level Goal, which is the level of contaminants in drinking water below which there is no known or expected risk to health. For the remainder of the information provided concerning the radioactive contaminants, please, review the 2002 Drinking Water Quality Report for MUD 167 in the section for Radioactive Contaminants.

2003 Drinking Water Quality Report.

The 2003 Drinking Water Quality Report for MUD 167 provided the following information for the levels detected of Radium and gross alpha particle activity in the water supplied by MUD 167:

The abbreviation “MCLG” refers to the Maximum Contaminant Level Goal, which is the level of contaminants in drinking water below which there is no known or expected risk to health. For the remainder of the information provided concerning the radioactive contaminants, please, review the 2003 Drinking Water Quality Report for MUD 167 in the section for Radioactive Contaminants.

Notices Sent Out by MUD 167.

Notices have been sent out by MUD 167 which provided information concerning the radioactive contaminants that failed to comply with maximum permitted levels, and, then, added the following:

“This is not an emergency. However, some people who drink water containing radium 226 and/or radium 228 in excess of the MCL over many years may have an increased risk of getting cancer.

You do not need to use an alternative water supply. However, if you have health concerns, you may want to talk to your doctor to get more information about how this may affect you.”

The notices further stated:

“We are working with the TCEQ to correct the problem. We believe this combined radium is naturally occurring as a result of localized geologic conditions resulting from the migration of groundwater across subsurface stratums containing elevated levels of radionuclides. We are considering such mitigation strategies as blending the existing water source with another water source, drilling a new water well, and/or modifying the existing water well.

Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.”

Injuries and Damage Caused by Radium Exceeding the Maximum Contaminant Level.

MUD 167 supplies water to consumers within the district including residential subdivisions, apartments, schools, stores, shops, and other consumers of water.

Aside from any health hazard, risk or danger to which the consumers of drinking water from MUD 167 are exposed, there have already been losses and damages experienced by homeowners in the MUD for the decreased market value of their homes. Prospective buyers do not want to accept the risk and uncertainty of purchasing a home whose water is supplied by MUD 167 when a home can be purchased in another nearby subdivision which has drinking water supplied without exceeding the Maximum Contaminant Levels for radium and gross alpha particle activity. No one would take the unnecessary risk of exposing their family and loved ones to these elevated levels of radioactive contaminants in their drinking water.

Mr. Jim L. Culpepper, attorney at law with the law firm of Jim L. Culpepper and Associates, P.C. , has agreed to represent a number of the homeowners in the MUD in claims against their builders and/or sellers of their homes for failing to disclose to the homeowners at or before the time of the purchase of their homes that the radioactive contaminants in the drinking water supplied by MUD 167 exceeded the Maximum Contaminant Level set by the EPA for radium and gross alpha particle activity. Legal action will be taken against the builders, sellers, and others who are responsible for failing to make the necessary disclosures. Any lawsuits that are filed will be filed in State District Court in Harris County. Mr. Culpepper will be representing each of the homeowners on an individual basis. The claims of the homeowners will not be treated as a group, but will be prosecuted, prepared for trial, and resolved by settlement or by trial by jury on an individual homeowner basis.

Do you believe you have a claim and/or would you like more information?

If you believe that you have a claim based upon elevated levels of radioactive contaminants in the drinking water supplied by MUD 167, and such claim has resulted in injury or damage to you, you may wish to pursue your claim against those parties who are responsible for exceeding the Maximum Contaminant Level for such radioactive contaminants and/or those parties who failed to make the necessary disclosures to you as a purchaser of property in MUD 167 and a consumer of water from the district. If you believe you have such a claim, or would like more information concerning the existence of radioactive contaminants in the water of MUD 167, then, please, fill out the following information. You may provide as much or as little of the information requested. The information which you provide to us will be kept strictly confidential.

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