- February 21, 2018: 70 well owners filed lawsuit
- January 31, 2018: Class action plaintiffs: Consolidated class action lawsuit filed by Cohen Milstein Sellers & Toll PLLC and Susman Godfrey, Interim Co-Lead Class Counsel
- Oct. 3, 2017: New Hanover County resident Brent Nix files Class Action lawsuit on behalf of all other similarly situated (CONSOLIDATED INTO JAN 31 FILING)
- Oct. 16, 2017: CFPUA files lawsuit against Chemours (60 days notice given August 3, 2017) (CONSOLIDATED wITH BRUNSWICK COUNTY SUIT)
- Oct. 20, 2017: Brunswick County resident Roger Morton files Class Action lawsuit on behalf of all others similarly situated (CONSOLIDATED INTO JAN 31 FILING)
- Oct. 23, 2017: Leland resident Victoria Carey files Class Action lawsuit on behalf of all others similarly situated after testing her water heater and finding high levels of GenX (CONSOLIDATED INTO JAN 31 FILING)
- Oct. 31, 2017: Brunswick County announces it has filed lawsuit suit against Chemours (CONSOLIDATED WITH CFPUA SUIT)
- Letters of Intent to Sue:
REGULATORY ACTIONS BY DEQ / STATE:
NOTE: 60-day notices are required to sue under the Clean Water Act; 90-day notices are required to sue under Resource Conservation & Recovery Act
DEQ publishes their enforcement actions and communications with Chemours online HERE
- April 10, 2018: DEQ filed an amended complaint and motion for preliminary injunctive relief against the Chemours Company in Bladen County Superior Court.
- April 8, 2018: DEQ 60-day Notice of Intent to Modify Air Permit
- Feb. 12, 2018: DEQ Notice of Violation - groundwater
- Nov. 16, 2017: DEQ Notice of Partial Suspension and 60-Day Notice of Intent to Partially Revoke NPDES Permit NC0003573; The Chemours Company, Fayetteville Works
- Nov. 30, 2017: Chemours response to above
- Sept. 25, 2017: NC DOJ on behalf of NC DEQ - Summons to Chemours to appear in court
- Sept. 7 DEQ Submitted a COMPLAINT, MOTION FOR TEMPORARY RESTRAINING ORDER, AND MOTION FOR PRELIMINARY INJUNCTIVE RELIEF
- Sept. 8: Bladen County Superior Court issued PARTIAL CONSENT ORDER
- Sept. 6, 2017: DEQ Notice of Violation - groundwater - noting due to violations, DEQ is assessing civil penalties
- Sept. 5, 2017: DEQ - notice of intent to suspend permit if Chemours does not comply with requests to stop all discharge
- August 22, 2017: Federal-subpoena-to-DEQ to appear before grand jury with all documents relating to GenX etc.
STATE LAWS THAT SHOULD BE AMENDED/REPEALED
The below information is attributable to the Southern Environmental Law Center - Letter to Senators, Jan. 30, 2018
- REGARDING AIR EMISSIONS: G.S. 143-213(9) which was established in 2012 by the N.C.G.A. in S.L. 2012-187 must be removed from statute. It excludes "emission[s]" from the definition of "discharge" meaning DEQ has no authority to regulate air emissions that have deposited to water
- REGARDING SETTING A REGULATORY STANDARD: The Hardison Amendment G.S. 150B-19.3:) must be repealed - not only for this issue but all environmental issues affecting our state. It prohibits agencies authorized to implement and enforce state and federal environmental laws from adopting regulations for the protection of water quality, the environment, or natural resources that impose a more restrictive standard, limitation, or requirement than those imposed by federal law.
- REGARDING PERMITS:
- Currently, DEQ cannot include in the wastewater discharge permit any toxic substance for which the EPA or State has not set a health or effluent standard. Legislature must amend G.S. 143-215.1(a) (Activities for Which Permits Required) to prohibit permitted facilities from discharging any toxic substances, as defined by 15A N.C. Admin. Code 2B .0202(64), for which there is no federal or state standard set. If a chemical does have a health or effluent standard, or a consent order entered by the EPA under the Toxic Substances Control Act (“TSCA”), then the applicant must comply with whichever is most stringent.
- Amend G.S. 143-215.1 to require automatic permit suspension if a company is found to be discharging any pollutant not authorized by its permit; and not disclosed in its permit application.
- REGARDING RESPONSIBILITY AND ACCOUNTABILITY: Amend G.S. 143-215.1 to require that companies in violation of discharge permits must provide and maintain the necessary filtration equipment to municipalities affected for as long as contamination persists in the environment, and that the company is financially responsible for removing pollution from drinking water sources so that this burden does not fall to North Carolina’s taxpayers.
STATE LEGISLATION THAT IS STALLED IN THE SENATE
House Bill 189 passed the House unanimously on January 10th, 2018, but the Senate has yet to take it up. The bill is not perfect, but it provides DEQ funding to purchase the necessary testing equipment and hire additional staff to handle this crises, along with the backlog of work that the understaffed agency had before the GenX crisis began.
OTHER LEGAL DOCUMENTS & HISTORY
CONSENT ORDER ALLOWING PRODUCTION OF GENX WITH 99% WASTEWATER CAPTURE
CHEMOURS RESPONSE TO DEQ LEGAL ACTIONS:
- NPDES Permit Renewal Application - April 2016: HERE
FILINGS BY DUPONT/CHEMOURS REQUIRED BY TOXIC SUBSTANCES CONTROL ACT:
- Industry is required to file reports to EPA if they find "unreasonable risk to health or to the environment" in unregulated contaminants; Here are DuPont/Chemours filings: https://adobe.ly/2xFbn6X
HOUSE SELECT COMMITTEE MEETINGS ON NC RIVER WATER QUALITY PRESENTATIONS::
- OVERVIEW FROM ALL DEQ DEPARTMENTS WORKING ON THIS (AIR, WATER, WASTE) & BREAKDOWN OF STAFF ASSIGNED TO IT & GRAPH OF PERMIT BACKLOG: PRESENTED BY DEQ AT HOUSE SELECT COMMITTEE NOV. 2017: HERE
- Link to presentations for all meetings found HERE
FEDERAL LAWS RELATING TO UNREGULATED and EMERGING CONTAMINANTS:
- Toxic Substance Control Act Non-Confidential Business Information on PFAS under the Act: Risk Management for Per- and Polyfluoroalkyl Substances (PFASs) under TSCA
US EPA Drinking Water Health Advisories for PFOA and PFOS: https://www.epa.gov/ground-water-anddrinking-water/drinking-water-health-advisories-pfoa-and-pfos USEPA.
How the EPA "Monitors" UNregulated Drinking Water Contaminants: https://www.epa.gov/dwucmr
EPA Site Visit: June, 2016
Navy Report on Emerging Contaminants: Includes Links on States Stepping in to Regulate in EPA's absence
DHHS RISK Assessments:
DEQ GenX Investigation
- July 7, 2017 Letter sent from CFPUA to NCDEQ questioning NCDEQ's statement that Chemours informed them of GenX discharge: HERE
- CFPUA GenX Timeline: HERE
- CFPUA Presentation on GenX: HERE
- CFPUA Communications with industry and state:
- August 3, 2017: CFPUA - 60 day Notice of Citizen Suit under violations of Clean Water Act and 90-day notice of intent to file under violations of Resource Conservation and Recovery Act
- Oct. 16, 2017: CWA sends letter of intent to file for violations of Clean Water Act (60 days notice given in August 3 Notice)