DEQp00020459

BROOKS 6m,
T-� PIERCE
FOUNDED 1897
August 31, 2017
Via U.S. Mail and Email
Michael S. Regan, Secretary
NC Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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S. Jay Zimmerman, Director
NC DEQ, Division of Water Resources
1611 Mail Service Center
Raleigh, NC 27699-1611
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Re: Request for Permit Revocation
Dear Mr. Regan and Mr. Zimmerman:
2000 RENAISSANCE PLAZA
230 NORTH ELM STREET
GREENSBORO, NC 27401
T 336.373.8850
F 336.378.1001
W WW.BROOKSPIERCE.COM
We are environmental counsel for the Cape Fear Public Utility Authority ("CFPUA").
A few minutes ago, the CFPUA received the Press Release from your office that stated
your Department had "urged Chemours to stop discharging two additional chemical compounds
into the Cape Fear River. The compounds were identified in the company's waste stream by a
U.S. Environmental Protection Agency preliminary analysis shared with the state this week." The
Press Release further noted: "DEQ is looking at all legal options including going to court to get
the company to stop the discharge."
The CFPUA does not believe DEQ needs to go to court. Under the A. (5) Re -opener
Condition of NPDES Permit NC0003573, DEQ is mandated to act as follows:
"This permit shall be modified, or revoked and reissued to incorporate additional
toxicity limitations and monitoring requirements in the event toxicity testing or
other studies conducted on the effluent or receiving stream indicate that detrimental
effects may be expected in the receiving stream as a result of [Chemours]
discharge."
SEP
Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.
ttome rs and cn nseihc}rs at L<n, DIVISION OF WATER RESOURCES

The CFPUA requests DEQ promptly exercise its authority under the Re -Opener
Condition.
Sincerely,
George W. I House
V. Randall Tinsley
Joseph A. Ponzi
cc: William Lane, Esq., NCDEQ General Counsel (via email)
Linda Miles, Esq. (via email)
Jim R. Fletchner (via email)
Mike Brown (via email)
Writer's Direct Dial: Phone; 336-271 3114 Fax: [phone] [e-mail]
Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P.
Attorneys and Counsellors at Law