DEQ-CFW_00024790

11. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Z HEGION 4
ATILANTA FEDERAL CENTER
611 FORSYTH STREET
'41,,,
MEMOAX.NbIJIM AT-1—ANTA, GEOI: Gt A 30303--8960
A. 517
S i
UBJECT. Notice of Citizen Suit Against Violating Facility Cititas vThe Cliernours Company
Regarding provision violations of NPDES Permit located in Raleigh, NC - NO EJ
POTENTIAL
FROM: Patricia Bullock, Reg-ional Fl ",ino Clerk IrpAg'.
5
Office of Intormation & Resources Management
TO- Denisse Diaz, Cbief
Clean Water Entorcement Branch
Attached is an Intent to Sue dated August 01, 2017, submitted by Cilitas filstitute on behalf of above
individual. Notice is given purAlant to the Clean Water Act Section 505 31") U,S,C, § 1365. The .Sixty-
day notice period expires on October 02, 2017.
EPA Region 4 relics upon guidance devc1oped and refined over the years to determine if compliance and
enforcernent activities occur in a potential env ironnictital justice area, The offlice ot'Environnicn(al
Accountability's Guidelines for Irnplernenting Environmental Justice in Enfiorcement Activities wis developed to.
identify and address potential environmental ju.�tice areas. The factors used by EPA Region 4 to determine if In
area is potential envircminontal jtasticearea is through analysis of demographics, population, conlinunitv
identification, public input, and other EPA, State, or local knoNvIedge. Based on the geograph I cat 10. Cation (---&1 lie
Defendant's operation and current Region 4 procedures for determining ifeornpliance and ellf'orcenlent activities
are- located in a potential environmental justicearea., the DeCendant's operations are not located in to potential
envirownentaliust ice area.
The letter Lives notice of inient to file suit mminst above defendant for illegal discl.-large of industrial
waste — GenX (hexafluoroproplease oxide dither acid) located in the Cape Fear River Basin, NC,
:allegedly, defendant was not authorized under their NPDES to release these discharaes.
Please review the attachmentsand any, information you may have regarding the alleged violations. After
your review, please provide a copy oi' your recommendation to the attention of Patricia Bullock, Office
of Intbrination & Resources Management, by September 18, 2017. If you need to further discuss this
notice-, please contact Bill Bush, Office ofWater Legal Support tat [phone].
Attachments (2)
Cc- Bill Bush
Phil Mancusi-Unoaro
Suzanne Rubini
Scott Gordon
lnt.--nrmt Addrosr; (URL) &
DEQ-CFW-00024790

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
RiEGION 4
AFLANTA FEDERAL CENTER
6' : FORSY IH STREET
ATLANTA, GEORGIA 30303-8960
NIEJNIOkAg�ulm
SUBJECT. Notice of Citizen Suit Against Violating Facility — Cifitas v'l'he Chernours Company
Regarding provision violations of NPDES Permit located in Raleiah., NC - NON EJ
POTENTIAL
FROM: Denisse Diaz. Chief
Clean Water Enforcement Branch
TO- Patricia Bullock, Regional Hearing Clerk
Office of Information & Resources Manageinent
CITIZEN SUIT DEFENDANT: 'rhe ciienvuys companv
STATUTE: CWA
RECOMMENDATION:
1. Initiate rode-ral enforcement action:
Talll-e no action at this time (state reason)
3, Other:
Nam,e:
Title:
Cc: Bill Bush
ln�ernet ' 0',Igov
'B".x'd �rirkwf:n pm",@F
DEQ-CFW-00024791

805 Spring Forest Rd ate 100
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Raleigh, NC 27609
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phone: 919.3 34,2099
,2Y; 919,834,2350
July 213, 201.7
Dave Shelton, Sri°P, General Counsel
The Chemours Company
1007 Market Street
P<C, Box 2047
Wilmington, Delaware 19899
Dear Mr. Shelton.;
I write on behalf of iCivitas institute and impacted citizens; to provide you notice of ray+ intent to initiate
a federal court lawsuit against you to enforce provisions of the Clean Water Act (CWA) including the unawful
discharge of industrial waste -- Ge.nX (hexafluoropropylene oxide dieter acid) in the Cape Pear River Basin, North
Carolina. This was done }without authorization under your National Pollutant Discharge Elimination System
(NPDES) permit,
Unless you tape the necessary and enforceable steps to remedy these violations, including obtaining,
the requisite authorization under the NPDES program, we intend to file suit ftAlowing the expiration of the 60-
day notice: P eriod provided tinder the CWA,
Under the CWA, the discharge of any pollutant to waters of the united States is unlawful unless
authorized by an NPDES permit. 33 U.S.C. § .13:1:1.(a); 33 U.S.C. y 1342_ Based on reasonable investigation and
publicly available information we believe you are violating the provisions of the CWA by discharging the
industrial waste known as Gent as well as other similar compounds.
The discharge of these compounds is likely a violation of water quality standards under NC rules
implementing the CWA including I5A NCAC 0 t ,0208, 02H .011,2(c), 02R .0211 and 0213 .0406
As provided under the C WA's citizen suit provision, 33 U.S,C. § 1365, we are authorized to file
litigation in federal court against you for these violations of the C:WA following expiration of the 60-day notice:'
period. The court may award injunctive relief as well as .statutory penalties. In addition, Civitas may recover its
reasonable attorney fees and litigation costs incurred in the matter.
Respectfully,
Col Francis X. De Luca USMCR(Ret)
CC
Bill Lane, General Counsel Anne Heard, Acting Regional Administrator-
N.C. DEQ Administration USEPA Region 4 USEPA
217 West JonesStreet ar, � r
Raleigh, P�1C 270Ct.3 1 Forsyth Street S.�ti� Mail Code�.�n T2�
Atlanta, CA 30303-u960
DEQ-CFW 00024792