In a letter sent to Chemours, DuPont, the Environmental Protection Agency, the US Attorney General and state agencies, the Cape Fear Public Utility Authority said it plans to file a federal lawsuit against Chemours and DuPont, claiming unauthorized discharges of GenX by the chemical companies are in direct violation of state water quality standards under the Clean Water Act.
The letter, which was included in the CFPUA chairman's daily update Thursday, says "Chemours is in continuing violation of an 'effluent standard or
limitation under the CWA; and Chemours and DuPont have contributed, and Chemours is contributing, 'to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment' in violation of (the Resource Conservation and Recovery Act)."
Additionally, the letter states that Chemours is violating the terms of a National Pollutant Discharge Elimination System Permit and claims the permit does not, and has not ever, authorized the discharge of GenX, an unregulated compound, into the Cape Fear River at its Fayetteville Works facility.
"Because Chemours and DuPont never identified the GenX Pollutants as constituents in their effluent, the substances could not have been within the
contemplation of (the NC Department of Environmental Quality), and are therefore not authorized to be discharged by the NPDES Permit," the letter reads.
Thursday's CFPUA update also included the most recent water sample testing at its Sweeney Water Plant.
The most recent data shows levels of GenweX well below the NC Department of Health and Human Services health goal of 140 parts per trillion. Raw water samples from July 26-27 revealed GenX levels of 52.2 and 55.5 ppt, respectively, and finished or treated water samples showed 94 and 67 ppt, respectively.
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