This document outlines best practices for responding to a water supply contamination event. It emphasizes the importance of advance crisis preparation, activating a crisis management team, and effectively communicating with the public, regulators, and media. The first few hours and days of the response set the tone, so priorities include protecting public safety, investigating the issue, and treating or shutting down the affected water supply. Managing the various legal, reputational, and investigative aspects that follow requires a coordinated, strategic response. Overall, being ready before a crisis occurs is key to a successful outcome.

1. © 2015
RESPONDING TO A WATER
SUPPLY CONTAMINATION EVENT
KENT MAYO & MOLLY CAGLE
BAKER BOTTS

2. It Can Happen to You
 Question is “when,” not “if,” a business
will have to deal with a crisis
 “It takes 20 years to build a business and 5
minutes to ruin it. If you think about that
you’ll do things differently.”
- Warren Buffett
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3. Recent Examples
 Charleston, WV
 Release of unregulated substance from AST
 Short distance to intake
 Do Not Use order in place for 4-8 days
 System and residential flushing
 Toledo, OH
 High levels of algae measured; immediate response
deemed necessary
 Do Not Use order in place for 2-3 days
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4. A Perfect Storm
 During a crisis, decisions must be made
quickly on a range of high risk issues
 Priority No. 1: Public Safety/Water Supply
 Follow-on Issues:
− Media Blitz
− Governmental Investigations
− Potential Third Party Lawsuits
− Criminal Prosecution Risk/Internal Investigations
− Business/Brand Reputation Risk
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5. Taking the Right First Steps
 Successful preparation is the key to
successful crisis management
 First few hours and days set the tone for
entire crisis response
 Crisis preparation tools
 Emergency Response Planning and Practice
 Crisis Management Team
 External Support Network
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6. It’s a Team Game
 Crisis Management Team
 Crisis Manager with Decision-making Authority
 Senior Management/Officers
 Business/Plant Team Leaders
 Environmental, Health and Safety
 Public Relations
 Government Relations
 In-house Legal
 Outside Legal Counsel
 Media Consultants
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7. Hello……WHAT??!!!
 So you actually get the call – what happens
now?
 Activate the team
 Call in external resources
 Work through the plan
 Develop the initial communications
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8. Responding to the Contamination
 Actions to Protect Users and the Water Supply
 Investigation: What? Where? How much?
 Treatment: Existing or enhanced capabilities
 Shutting the Intake: How big is the plume? What are
potential effects of shut down?
 Do Not Use orders: When and how long? For what
uses?
 Resumption of service: Health standards? Data quality?
 Post-event: Boil water advisory? Flushing?
 Don’t Go It Alone – Work with the Regulators!
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9. Getting the Message Out
 Communicate decisions effectively
 Notice to customers
 TV; social media; robo-calls
 Conservation orders
 When and why?
 Alternative water supplies
 Where, and more importantly, when will they be
available?
 Resumption of use
 Agency buy-in
 What limitations exist?
 What steps should be taken by customers?
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10. Guess Who’s Coming to Dinner…
 Response to contamination may be first
step in a long process
 Expect a crowd of government regulators
with authority over the incident
 Exercise firm, but reasonable control
 Secure and preserve documents
 Identify and collect critical data and evidence
 Instructions to employees about contacts
 Employ counsel to maintain privileges
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11. What the &$%$^% happened?
 Internal Investigation
 Tricky privilege issues for overlapping
investigations
 Employee interviews
 Contractor interviews
 Warn of potential conflicts of interest
 Beware potential criminal issues
 CWA allows for criminal negligence
 Identify and isolate rogue behavior
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12. Media Circus
 Media is increasingly focused on
responding to catastrophic incidents
 Coverage immediate and live; need the right face
 Evolution of coverage
 Front page as investigation unfolds
 Editorial page as advocacy starts
 Business page as impacts are assessed
 Social media cannot be ignored
 Customers expect timely updates
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13. DON’T DO THIS
 “There's no one who wants this over more than I
do. I would like my life back.”
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14. OR THIS
 https://www.youtube.com/watch?feature=player_d
etailpage&v=a5Jpz-rvzLA
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15. The Next Wave
 Third Party Lawsuits can come fast
and furious
 Legal hold
 Get the key documents and information
 Coordinate statements with counsel
 Anticipate possible preservation orders
 Identify and vet corrective actions
 Plan strategically for your defense
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16. What Is the Takeaway?
 CRISIS MANAGEMENT is an offensive action
 Be ready when the phone rings
 Put the right people in the right places
 Get the right message out
 Think beyond the moment
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17. QUESTIONS

18. For More Information
Kent Mayo
kent.mayo@bakerbotts.com
(202) 639-1122
Molly Cagle
molly.cagle@bakerbotts.com
(512) 322-2535
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