HomeMy WebLinkAboutDEQ-CFW_00081485AO 110 (Rev. 06/09) Subpoena to'Testify Before a Grand Jury
Y-%
UN-rrED STATES VISTRIG-17 Comu
for the
Eastern District of North Carolina
To: NC DEPARTMENT OF ENVIRONMENTAL QUALITY ("DEQ-)
YOU ARE COMMANDED to appear in this united nited States district court at the time, date, and place shown
below to testify before the court's grand jury. When you arrive, you must remain at the court until the judge or a court
officer allows you to leave.
Place:
Lennon Federal Building
2 Princess Street
Wilmington, NC 28401
REQUEST FOR DOCUMENTS ONLY
Date and Time:
August 22, 2017 at 9:00 am
You must also bring with you the following documents, electronically stored information, or objects (blank if not
applicable):
*** SEE ATTACHMENT ***
If you wish to produce the documents in lieu of appearance, please contact the undersigned Assistant United States
Attorney to make those arrangements.
The name, address, e-mail, and telephone number of the United States attorney, or assistant United States —attorney, who
requests this subp() nal
Banumathi Rangarai !
U.S. Attorney's Office &E)e
310 New Bern Avenue, Suite 800 USAO # 2017R00462 - 2
Raleigh, North Carolina 27601
(919) 8564530
DEQ-CFW-00081485
AO I 10 (Rev. 06/09) Subpoena. to Testify Before Grand Jury (Page 2)
PROOF OF SERVICE
This subpoena for (name of individual or organization)
was received by me on (date)
0 1 served the subpoena by delivering a copy to the named person as follows:
on (date) ; or
C3 I returned the subpoena unexecuted because:
I declare under penalty of perjury that this infon-nation is true.
Date
Server's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:
DEQ-CFW-00081486
In re Grand Jury Subpoena to:
Custodian of Records
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY ("DEQ")
YOU ARE ALSO COMMANDED to bring with you the following docurnent(s) or object(s):
1. INSTR[JCTIONS
A. This subpoena requires that you appear before the Grand Jury at the time and place
specified and produce to the Grand Jury all documents described herein.
B. Documents to be produced include all documents in your possession, custody or
control, wherever located, described in Section 111, below. Without limitation on the term "control"
a document is deemed to be in your control if you have the right to secure that document or a copy
thereof from another person.
C. All documents that respond, in whole or in part, to any part or clause or any
paragraph of this subpoena shall be produced in their entirety, including all attachments to
documents called for by this subpoena shall be produced, even if they are not otherwise responsive
to this subpoena. Documents shall be produced in the order and in the file folders in which they
appear in your files and shall not be shuffled or otherwise rearranged. Documents that in their
original condition were stapled, clipped or otherwise fastened together shall be produced in such
form.
D. All responsive materials shall be provided in their native format. For example, all
material maintained in electronic format shall be provided in that original format, to preserve
metadata, and not converted into another format (such as a.pdf, Aif, jpeg, or other image format),
For materials that are maintained in both electronic and hard copy format, provide them in both
formats.
E. Please organize the response separately for each individual facility for which
information is requested.
F. Any document demanded by the subpoena that is witMeld on a claim of privilege
must be preserved. If the document contains privileged material, produce the entire document with
the privileged portion deleted. For any document or any portion of a document withheld under a
claim of privilege, submit a sworn or certified statement from your counsel in which you identify
the document by author(s), addressee(s), date, number of pages, current location, and subject
matter; specify the nature and basis of the claimed privilege and specify the paragraph of this
demand for documents to which the document is responsive; and identify each person to whom
the document or its contents, or any part thereof, was disclosed. For purposes of this instruction,
"subject matter" means the actual subject(s) of the document, regardless of the document's title or
subject line.
Page I of
DEQ-CFW-00081487
GNo agreement by the United States Attorney's Office or any of its representatives
purporting to modify, limit or otherwise vary this subpoena shall be valid or binding on the
Department of Justice unless confirmed or acknowledged in writing (or made of record in court)
by a duly authorized representative thereof.
11. DEFINITIONS
A. "And" and "or" as used herein are terms of inclusion and not of exclusion, and shall
be construed either disjunctively or conjunctively as necessary to bring within the scope of this
schedule any document or information that might otherwise be construed to be outside its scope.
B. "Document" means any written, recorded or graphic material of any kind or form
(including electronic records) that is in your possession, custody or control, The term includes,
but is not limited to: contracts; agreements; permits; letters; telegrams; interoffice
communications; memoranda; notes; reports (including lab reports, bench sheets, other laboratory
documents, and discharge monitoring reports); analyses; notebooks; surveys; lists; outlines;
schedules; pamphlets; newsletters; flyers; charts; tabulations; compilations; studies; books;
records; telephone books or messages; visitor books; calendar or diary entries; desk or appointment
calendars, drafts; business cards; minutes or meetings or conferences; notes or memos or other
records of telephone or other conversations or communications; electronic mail transmission;
ledgers; financial statements; bills or invoices; purchase orders; receipts; photostats; microfilm.,
microfiche; audio and video tape or disc recordings; and computer printouts. It also includes
electronically stored data from which information can be obtained either directly or by translation
through detection devices or readers. Any such document is to be produced in reasonably usable
form, along with instructions for reading the data. The term "document" includes the original (or
a copy thereof if the original is not available) and all copies that differ in any respect from the
original or that bear any notation, marking or information not on the original, This definition is
applicable regardless of whether a request below specifies particular subcategories of documents.
C. "Person" means any natural person, corporation, firm, company, sole
proprietorship, partnership, joint venture, association, institute or other business or legal entity,
and includes any affiliate, parent or subsidiary.
D. North Carolina Department of Environmental Quality, also known as DEQ, shall
include all predecessor agency, including North Carolina Department of Environment and Natural
Resources (NCDENR).
E. "Company," "Corporation," and "Entity" include any corporation, firm, company,
sole proprietorship, partnership. , joint venture, association, institute or other business or legal
entity, and includes any affiliate, parent or subsidiary.
F. "Relating to" means constituting, analyzing, describing, discussing, reporting on,
commenting on, inquiring about, setting forth, explaining, considering, pertaining to, mentioning,
regarding, alluding to or concerning, in whole or in part.
Page 2 of 6
DEQ-CFW-00081488
G. The singular form of a noun or pronoun shall be considered to include within its
meaning the plural form of the noun or pronoun, and vice versa.
H. "The Chemours Company — Fayetteville Works" or "Chernours" as used herein
includes any parent, subsidiary, predecessor, or successor to The Chemours Company, including
but not limited to: EJ, Dupont de Nemours & Co. d/b/a DuPont — Fayetteville Works.
1, "Plant" as used herein means the fluorinated chemical manufacturer(s) situated on
a 2,200-acre property in northwestern Bladen County, NC, at 22828 NC Flighway 87 W,
Fayetteville, NC 28306. Plant includes two tenant companies: Kuraray America Inc. and the
Dupont Company. Plant operates under NPDES pen -nit No. NCO003573 and North Carolina Title
V Permit No. 03735.
J. "On -site wwTP" as used herein means CheMOUrs' owned and operated wastewater
treatment plant located at 22828 NC Highway 87 W, Fayetteville, NC 28306, that receives
Chemours, Kuraray America Inc., and/or the DuPont Company process wastewater, sanitary
wastewater, and/or contact stormwater, and then discharges the treated wastewater through outfall
001 under NPDES permit No. NC0003573.
K. "GenX" as used herein means the processing aid used by Chemours for the
commercial manufacture, process, and distribution of the polymerization aid, and any and all
variations of the compound. Caen X also includes all Gen X byproducts and wastewater generated,
stored, treated, transported, and disposed of by the Plant (air and aqueous waste streams).
Production as a product, byproduct, or waste has no bearing on whether material is Gen X for
purposes of this subpoena.
L. "Fluorinated chemical" as used herein means any poly- or per -fluorinated
substances generated, purchased, or produced as byproduct by Chemours or Dupont, to include
flexafluoropropylene oxide (HFPO), the dimer acid of HFPO, Nation, and any other fluorinated
monomers or long- or short -chain fluorinated polymers.
111. DO.C-UMENTS TO BE PRODUCED
Unless specifically mentioned, all records and documents are sought for each of the
following facilities: The Chemours Company — Fayetteville Works and/or E.I. Dupont de
Nemours & Co. d/b/a DuPont — Fayetteville Works, located at 22828 NC Highway 87 W,
Fayetteville, NC 28306,
Unless otherwise stated, produce the following documents for the time -period
beginning on January 1, 2011 and through the present:
I Certified copies of all National Pollutant Discharge Elimination System Pen -nits
(N.PDES) issued to the facility listed above since 2008 and the most current NPDES
permits governing each facility's discharges,
2. Certified copies of all NPDES applications submitted by Chemours for NPDES
Page 3 ot'6
DEQ-CFW-00081489
permits issued to the facility above since 2008 and for the current NPDES permit
in place for the facility,
I From June 1, 2017, to present, all documents that mention, directly or indirectly,
anything involving the GenX Processing Aid and GenX or other fluorinated
chemical byproducts, GenX or other fluorinated chemical wastewater discharges,
I
Cape Fear River testing for GenX or other fluorinated chemicals, the 2009 EPA
Toxic Substance Control Act ("TSCA") Consent Order for GenX, results of health
studies related to GenX or other fluorinated chemicals, and all correspondence with
Chemours, or local, county, or state regulatory agencies, including health
departments and water treatment plants, referencing or relating to GenX or other
fluorinated chemicals.
4. All documents relating to Dr. Detlef Knappe, Dr. Knappe's research and/or
publications, or conversations and correspondence with Dr. Knappe. This request
includes all correspondence between DEQ employees and Dr. Knappe,
5. All documents prepared or received in anticipation of any meeting between DEQ
employees and Dr. Detlef Knappe,
6. All documents prepared or received during any meeting between DEQ employees
and Dr, Detlef' Knappe,
7. All documents prepared or received after any meeting between DEQ employees
and Dr. Detlef Knappe, documenting any information or follow -Lip action items
regarding the substance of such meeting.
8. All documents prepared or received in anticipation of the June 15, 2017, meeting
between Chemours and state and local officials.
9. All documents prepared or received during the June 15, 2017, meeting between
Chemours and state and local officials,
10. All documents prepared or received after the June 15, 2017, meeting between
Chemours and state and local officials, documenting any information or follow-up
I
action items regarding the substance of the June 15, 2017, meeting,
11. All documents exchanged between DEQ and The Chernours Company -Fayetteville
Works, or its contractors or consultants, which mention, directly or indirectly,
anything involving the GenX Processing Aid, GenX or other fluorinated chemical
byproducts, GenX or other fluorinated chemical wastewater, or health studies
relating to GenX or other fluorinated chemicals.
12, All documents related to negotiating, entering into, or compliance with the Control
of Effluent & Emissions section of the United States Environmental Protection
Agency Office of Pollution Prevention and Toxics Consent Order and
Pap-e 4 of6
DEQ-CFW-00081490
Determinations Supporting Consent Order issued In the Matter of DuPont
Company dated January 28, 2009, to include any and all conversations relating to
the applicability or non -applicability of the Clean Water Act to byproducts pursuant
to item (1)(b)(3) of that Consent Order.
11 All documents related to WVfNPDES Permit No. WV0001279 or the West
Virginia Department of Environmental Conservation Consent Order Issued Under
the Water Pollution Control Act, dated November 18, 2011, between the West
Virginia Department of Environmental Conservation and E.I. Dupont de Nemours
and Company.
14. From January 1, 2011, all documents used to evaluate and approve the National
Pollutant Discharge Elimination System (NPDES) Permit renewal applications
(Permit No. NC0003573) submitted by Chemours and received by DEQ (this
demand covers both the 2011 and 2016 NIPDES permit renewal applications).
15. All documents purporting to authorize Chemours to discharge GenX, GenX
byproducts, or other fluorinated chemicals into navigable waters of the United
States,
16. All documents considered by DEQ to constitute disclosure by Chemours of the
discharge of GenX, GenX byproducts, or other fluorinated chemicals into navigable
waters of the United States.
17. All documents from Chemours Flouromonorners/Nafion Membrane
Manufacturing Area or Vinyl Ether area disclosing the discharge of GenX, GenX
byproducts or other fluorinated chemicals to the on -site wwrp.
18. Any effluent sampling data of the wastewater discharged from Chemours
Flouroi-nonomers/Nafion Membrane Manufacturing Area or Vinyl Ether area to the
on -site WWTP.
R All permitted effluent sampling results submitted by Chemours pursuant to its
applicable NPDES, permit since January 1, 2011, including daily and/or monthly
monitoring reports.
20. All documents reflecting the amount of Caen X Processing Aid, GenX byproducts,
or other fluorinated chemicals converted to Calcium Flouride (CAS Number 7789-
75-5) or into hydrophobic water -insoluble hydride (CAS Number 3330-15-2).
21. All sampling results that tested for the presence or levels of GenX Processing Aid,
GenX byproducts, or other fluorinated chemicals in air and aqueous forms. For
aqueous samples this includes samples taken at the equalization basin, pre -digester
tank, aeration tank, clarifiers, dissolved air -floatation unit, and NPDES outfal Is 001
and 002.
Page 5 offs
DEQ-CFW-00081491
22. All computer -modeling records of GenX or other fluorinated chemical removal
from wastewater effluent.
23. All documents related to or schematics for the Chemours manufacturing
lines/processes that manufactures the GenX Processing Aid or other fluorinated
chemicals.
24. All documents related to the collection, storage, and off -site transportation and
disposal of wastewater produced in the manufacturing of GenX Processing; Aid or
z
including GenX or other fluorinated chemicals as a byproduct.
25. All documents related to the manufacturing lines / processes that generate Gelix or
other fluorinated chemical byproducts (air and aqueous).
26. All documents involving the collection, storage, and flow volumes of wastewater
containing GenX or other fluorinated chemical byproducts sent to the on -site
WWTP for treatment and discharge.
27. All field notes, inspector notes, an&or photographs taken, made, and maintained in
connection with any inspection of the Chemours facility and the discharge of
wastewater containing GenX or other fluorinated chemical byproducts,
28. All groundwater and surface water monitoring data reflecting the presence ofGcnX
Processing Aid, GenX byproducts, or other fluorinated chemicals,
19. All documents exchanged with the United States Environmental Protection Agency
regarding the production or discharge of GenX Processing Aid, GenX byproducts,
or other fluorinated chemicals from the Chemours — Fayetteville Works plant.
M Certified copies of all documents relating to enforcement actions taken by any
division of DE Q concerning the Chemours — Fayetteville Works plant, including
but not limited to: notice of violations, administrative penalties, civil penalties,
consent orders, complaints and motions for injunctive relief.
31. All documents, including sampling results, relating to samples taken from surface
waters adjacent to the facility or from downstream drinking water plants in the past
five years.
32. Any results of fish tissue monitoring, fish tissue sampling, or other data relating to
the potential uptake of pollutants by fish, other wildlife, or plants submitted by
Chemours pursuant to NPIDES permits applicable to each facility,
Page 6 of
DEQ-CFW-00081492
U. S. Department of Justice
btnited States Att€rr- rev
Eastern District qr`North Carolina
Terry Sanford Federal Building
.310 New Bern Avenue
Suite 800
Raleigh, North Carolina 27601-1461
July 28, 2017
Re; Grand Jury Subpoena No. 2017R00462-2
Tear Sir/Madam:
Telephone (919) 856-4550
Criminal FAX (91.9) 856-4487
Civil FAX (919) 856-4821
www, usdo}. gov/usaoilnce
You may comply with the subpoena by personally appearing before the grand Jury or
furnishing copies (originals, if specified) of the requested materials to the undersigned Assistant
United States Attorney prier to the grand jury date. If you choose to mail the documents, an
instruction for mailing grand jury documents is attached,
e are also requesting that you complete the Business Record Affidavit pursuant to Rule
902(I I) of the Federal Rules of Evidence, as amended December I, 2000. By submitting this
affidavit with the requested documents, you may avoid the need to appear at trial to testify to the
authenticity of these records.
We appreciate your cooperation in this matter.
Sincerely,
United States Attort
IJANtiMATHI RA: GAi
Assistant United States,,
,Criminal Division
Enclosures
DEQ-CFW 00081493
UNITED STATICS DISTRICT COURT FOR THE
EASTERN DISTRICT" OF NORTH C'AROLINA
III RE% }
BUSI ESS RE, CORDAFFIDAVIT
}FED, R. EVIa2121111
Grand Jury Subpoena
2017ROO462-2 }
I am personally acquainted with the facts stated herein and make this statement under
penalty of perjury,
I am the custodian of records for
(herein after
referred to as "Company"). The documents made by the Company and produced in
compliance with the subpoena duces tecum (consisting of pages attached
hereto) are memoranda, reports, records or data compilations of acts, events, conditions,
opinions or diagnoses that were made at or near the time, by or from information transmitted
by a person with knowledge and that have been Dept in the course of the Company's regularly
conducted business activity. It has been the Company's regular practice in that business
activity to make those memoranda, reports, records or data compilations. Neither the source
of information, nor the method or circumstances of preparation., indicate a lack of
trustworthiness for those memoranda, reports, records or data. compilations.
Affiant
Sworn to and subscribed before me
this the day of':.LL.................. • 201 T
Notary Public
My Commission expires:
DEQ-CFW 00081494