Charleston Business Journal > October 29, 2007 > News
Residents claim homes defective

By Kathleen Dayton
Staff Writer

The continuing saga involving homeowners in the Pebble Creek subdivision at Wescott Plantation has all the makings of a Hollywood film, with angry consumers, claims of mysterious illness, a national company defending itself and an outspoken community activist with a name known to millions.

 

Consumer activist Erin Brockovich, who was portrayed in the 2000 film by the same name, is planning her second visit to Charleston in November, when she expects to have results of tests being performed on 30 homes in the Pebble Creek neighborhood near Summerville. All 30 are within a four-block area.

 

Initial test results on eight homes showed higher levels of benzene than is allowed by the U.S. Environmental Protection Agency, Brockovich said. Other contaminants were found in the air samples, including acetone, she said.

 

“We’ve done another series of testing and we’re finding the same fingerprint over and over again,” Brockovich said.

 

Brockovich was contacted by a group of Pebble Creek homeowners last spring after some of them had begun complaining of illness, including headaches and fatigue. One resident of the subdivision said his 9-month-old puppy had tumors on its paws.

 

Brockovich met with homeowners on Sept. 28 at the Charleston Place hotel and provided the test results on the first eight homes. Since then, more homeowners have requested testing.

 

“Benzene is a known human carcinogen,” Brockovich said.

 

Both Brockovich and the Pebble Creek home builder, Lennar Homes, have said they are working with the EPA.

 

The EPA on Oct. 19 posted information on the situation on its Web site, stating that the agency had completed a Removal Site Evaluation of the community, near Summerville, where methane contamination had been suspected. The study concluded that a release of methane at the site existed, but that corrective actions had been taken and the danger reduced. The agency’s study also concluded that levels of volatile organic compounds, including benzene, found in the homes do not present a public health threat.

 

“We have done extensive testing of the soils, drilling as deep as 40 feet, and we have not found anything that’s alarming, and we’re sharing all that with the EPA,” said Bob Hilliard, Lennar division president.

 

Homeowner John Hull said concerns about contaminants followed initial problems involving structural defects in some of the homes. Hull said he received a certificate of occupancy from the city of North Charleston after his home was inspected, but later found that the home plans on file with the city were for a different model of home.

 

A re-inspection of Hull’s home in July turned up nearly 30 code violations, including settling cracks and separation in sections of the subfloor. Hallways in the home were also built too narrowly. Lennar has made repairs on the Hull house and on other Rockville model homes with the same problems, although Hull said he was not satisfied with the quality of the work.

 

Lennar purchased one of the homes in which a defective pipe allowed sewer gas to seep into the home. Other residents say the home builder will not repurchase their homes.

Hilliard said the case in which the home was repurchased involved a mother with three young

children whose husband was on military duty in the Middle East.

 

“It seemed like the right thing to do, to remove her from that situation completely,” Hilliard said. “Once we heard about the root cause, it could be repaired. That’s what our obligation is, to fix a home, not buy it back. It’s no different from a recall on a vehicle. They don’t go out and repurchase all the cars. The fix them at no cost to the consumer.”

 

Hull said Lennar did not do anything to help homeowners until the homeowners began voicing their concerns to the media.

 

Since moving into his house in 2006, Hull said he has developed crippling fatigue and that his wife has been diagnosed with anemia.

 

John Saunders, a Weichert real estate agent who purchased a Pebble Creek home as an investment, said he now does not think it would be ethical to rent it.

 

“I paid a licensed home inspector to report to me all the problems that he saw,” Saunders said. “I actually had a potential tenant all paid and ready to go, but upon reviewing the information, I had to decline the tenancy. There are problems in the home I don’t feel comfortable with and it’s been vacant ever since. I’m kind of stuck. I can’t sell it or rent it.”

 

Another homeowner, John Sauls, abandoned his Pebble Creek home and moved to Texas. Sauls said his attorney requested that he not be interviewed.

 

Hilliard said his company will do what it can to make sure homeowners are in a safe and healthy environment.

 

“We have fully cooperated with legitimate government agencies,” Hilliard said. “We have shared all of our information and the EPA says there is not a health risk.”

 

Hilliard said his company has requested Brockovich’s test results and so far has not been given any information.

 

“It’s impossible for me to respond to any of the claims that Ms. Brockovich is suggesting because she hasn’t shared any of the information with us,” Hilliard said.

 

Hull said he hopes Lennar will join homeowners in going after companies that may have dumped hazardous waste on the Pebble Creek property years ago.

 

Hull, who moved to Pebble Creek to retire, said many of his neighbors are also retirees.

 

“We’re not living our dream,” Hull said. “We’re living a nightmare. Most of our homes are unsellable.”

 

Kathleen Dayton is a staff writer for the Business Journal. E-mail her at kdayton@setcommedia.com.


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