HomeMy WebLinkAboutDEQp00020142Yom:
t+ IN THE GENERAL COURT OF JUSTICE
STATE OF NORTH CAROLINA 12 SUPERIOR COURT DIVISION
1011 17 CVS 580
COUNTY OF BLADEN
I STATE OF NORTH CAROLINA, ex rel.,
MICHAEL S. REGAN, SLCRET'ARY, )
NORTH CAROLINA DEPARTMENT OI )
ENVIRONMENTAL, QUALITY,
Plaintiff: )
v ) PAR"CIAi.. CONSENT ORDER
THE CHEMOURS COMPANY FC, LLC, )
1
Defendant. )
Plaintiff. the State of North Carolina. by and throu`.:h the North Carolina Department of
Environmental Quality ("DEQ") and Defendant The Chemours Company FC. LLC ("Chemours"),
together with its agents, employees, successors and assigns. hereby agree to the entry of this Partial
Consent Order in order to partially resolve matters in controversy between DEQ and Chemours.
IF
3:
This Consent Order partially resolves this platter. Plaintiff reserves, and this Partial
Consent Order is without prejudice to, all rights against Chemours, concerning all other matters,
including but not limited to the following: 1) claims based on Chemours' new or subsequent
violations of surface water quality laws and NPDES permitting requirements; 2) claims based on
x-
+*Wtals not identified in this Partial Consent Order; 3) claims based on Chemours' violations of "
dwater quality standards; 4) claims based on Chemours' failure to satisfy any "term
1
Provision of this Partial Consent order
('henunn•s reserves, and this Partial Consent Ord
er ris-also.
Without prejudice to all of' ('hn
euours' rights anti (lei,
nses, except fir the matters set forth t '
o this
Partial Consent Order and is \vltllOut admission as to any (act.
NOW 'I'IIIREhoRI upon the consent of the parties, it is hereby ORDERED,
ADJUDGED AND DVCR1:1.1) that:
1. Cllenulurs shall continue the measures it has implemented to prevent the discharge of
process wastewater containing (ienX (1 IFPO dimer acid) into waters of the State.
�. Chemours shall iinmccliatcl� l�rcv�nt the discharge of 1)1: SA compounds referenced in
Paragraph? ofthe C ()mhlaint in this matter ti•orn what Chemours has represented to be
the single source ()( signilicancc in terms of disce-rrlible levels of these compounds, and
shall contillLIC to prevent thc: discharge of the same from this source until such time as an
NPDES permit with appropriate permit conditions authorizing any such discharge is
issued;
3 3. Upon the Chemours' and DFQ's execution of a mutually agreeable confidentiality
i
agreement, Chemours shall immediately give permission to EPA for DEQ to review
confidential business int()relation as set forth in the four categories outlined on page 2 of
the August 16, 2017 letter from William Lane to R. Steven DeGeorge;
4. Chemours agrees to make good faith efforts to respond to information requests by DEQ,
including providing the remainder of the information requested in the correspondence
listed below in a timeframe to be agreed upon by the parties and presented to the Gourt
a. The letter dated July 21, 2017 sent by DEQ Secretary Michael S. Regan,
,
to the Complaint in this matter as Exhibit N;
4.�
h. 1'hcIvticr elated Angus 16, 2017 sent by DEQ General Counsel
1Nilli
ttttttcltcd to tilt ('onllllaint in this matter as Exhibit O;
,U
C. 'blit August 18, 2017 Letter; and t.
cf, Thr letter dated August 29, 2017 stilt by DWR Deputy Director Linda Culpepper,
attached to (Ile Complaint Ill (Ills matter as FAllihit 0
�.
The Parti. ('onscrli Order is ellfol'ccablr by and through the contempt powers of this Court,
inlrsuant to t `il iptcr Sh of the North {'arolina (►enrral Statutes.
0. I •ach undersigned representa(iVc of ' lxlrty to this Partial Consent Order certifies that he or
she is authorircd to ei►tcl inlo the lernls and conditions of this Partial Consent Order, and
to cNecutc and Icr,alk, biuti such party to this P,u-tial Consrnt Order.
This the �' — clay oi' Sehtenlhcr, 2017.