CFPUA files motion to intervene in state’s lawsuit against Chemours

CFPUA files motion to intervene in state’s lawsuit against Chemours
The Cape Fear Public Utility Authority said it has tried many times to get information from NCDEQ on its efforts to manage Chemours PFAS releases.

WILMINGTON, NC (WECT) - The Cape Fear Public Utility Authority filed a motion on Thursday to intervene in North Carolina’s lawsuit against the Chemours Company.

CFPUA said in a news release it believes a consent order proposed by the state Department of Environmental Quality is not adequate to protect the utility’s interests or remedy harm caused by Chemours' release of PFAS into the Cape Fear River.

"We believe a Motion to Intervene is necessary to ensure our concerns are fairly considered by the State of North Carolina and the Court," the utility said in the release. "CFPUA should not be left to depend on its own litigation efforts in Federal Court to ensure the health of our customers is protected."

The consent order, filed Nov. 21 in Bladen County Superior Court, requires Chemours to adhere to a host of regulations and monitoring measures as well as provide drinking water supplies to those whose wells tested positive for GenX above the 140 parts per trillion threshold.

Noting that DEQ regulates Chemours and CFPUA, the utility said it "has tried many times to get more information from NCDEQ on its planned efforts to manage Chemours PFAS releases. We have yet to receive substantive responses to our questions."

CFPUA added it was not made aware of the consent order before its publication or asked how it may affect CFPUA’s efforts to remove PFAS compounds from drinking water.

The utility submitted formal comments on the consent order Monday and listed its top concerns as:

  • It treats downstream users of the Cape Fear River differently (and less favorably) than groundwater users near the Fayetteville Works facility.
  • The proposed consent order does not adequately protect our area’s source water.
  • It does not provide any assistance in treating our source water for PFAS compounds.

Read CFPUA’s full motion to intervene here.

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