DEQ-CFW_00074527

CAPE FEAR PUBLIC UTILITY AUTHORITY
RESOLUTION
Whereas Cape Fear Public Utility Authority (CFPUA) furnishes water for the City of Wilmington
and sections of New Hanover County.
Whereas the Chemours Company ("Chemours") has informed the public that it is releasing
fluorochemical compounds known as GenX into the Cape Fear River with its wastewater effluent at its
manufacturing facility located in Fayetteville, North Carolina.
Whereas Chemours' renewal application for NPDES Permit NC0003573 dated April 27, 2016 did
not disclose to the North Carolina Department of Environmental Quality ("DEQ") and the public that its
effluent wastewater contained fluorochemical compounds and specifically those compounds known as
GenX.
Whereas Chemours, the U.S. Environmental Protection Agency ("EPA") and the North Carolina
Department of Health and Human Services ("DHHS") believe that there is some evidence that the
fluorochemicals currently present in the Cape Fear River will not harm human health or the
environment, none of these parties will say for certain.
Whereas CFPUA has reviewed the EPA's Consent Order ("Order") under the Toxic Substances
Control Act signed January 26, 2009 allowing the manufacture of GenX in the United States.
Whereas the Order states: "EPA has concerns that these PMN substances will persist in the
environment, could bio-accumulate, and be toxic ("PBT") to people, wild mammals and birds. EPA's
concerns are based upon data on the PMN substances, analogy to other [ ] chemicals, and to
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonate ("PFOS") which are both currently under
review by EPA for PBT concerns." And further, "EPA has human health concerns for the PMN
substances."
Whereas the Order requires Chemours to "recover and capture (destroy) or recycle the PMN
substances at an overall efficiency of 99% from all effluent process streams and the air emissions (point
source and fugitive.)"
Whereas the EPA request certain studies be completed by Chemours for EPA's review to allow
the EPA to determine at what level the chemical compounds known as GenX can be safely consumed, if
at all, by the public.
Whereas the EPA has advised CFPUA that it has not completed those studies.
Whereas under the North Carolina Administrative Code which was adopted to implement the
General Statutes of North Carolina, a "Discharge is the addition of any man induced -waste effluent
either directly or indirectly to state surface waters." And an "Industrial Discharge" is "the discharge of
industrial process treated wastewater". 15A NCAC 213.0202 (25 and 36).
Whereas "deleterious substances" or "other wastes" are permitted to occur in the Cape Fear
River in "only such amounts as shall not render the waters injurious to public health." 15A NCAC 2B
.0211(12). Any greater amount would be an unlawful violation of a North Carolina surface water quality
standard.
DEQ-CFW 00074527

Whereas North Carolina water quality standards prohibit the discharge into the Cape Fear River
at the location of the Chemours facility of any industrial wastes that "have an adverse effect on human
health or that are not treated to the satisfaction of the [Environmental Management] Commission and
in accordance with the requirements of the Division [of Water Resources]." 15A NCAC 2B.0216(3)(a).
And, "[a]ny dischargers or industrial users subject to pretreatment standards may be required by the
Commission to disclose all chemical constituents present or potentially present in their wastes and
chemicals that could be spilled or be present in runoff from their facility which may have an adverse
impact on downstream water supplies. These facilities may be required to have spill and treatment
failure control plans as well as perform special monitoring for toxic substances." id.
Whereas the current version of NPDES Permit NC0003573 issued to Chemours by DEQ on
October 28, 2015 provides for the permit to 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 waters as a result of this discharge." NPDES Permit No. NC0003573 at A.(5).
Whereas GenX is clearly persistent enough to travel miles from the Chemours manufacturing
facility to the CFPUA drinking water intake.
Whereas the CFPUA wants to protect and will take such actions as are necessary to protect its
water users from any harm.
Whereas EPA and DEQ have authority to take actions to protect the CFPUXs water users and
should promptly take all such actions.
Now, therefore, be it resolved:
1. CFPUA requests DEQ:
a. To immediately modify NPDES Permit NC0003573 to require daily sampling and
testing of all waste streams leaving the Chemours manufacturing facility (including
any affiliates or tenants discharging through the Chemours wastewater treatment
plant) for all fluorochemicals, including those known as GenX, being discharged into
the Cape Fear River from outfalls 001 and 002 ; and
b. To immediately consult wih DHHS and determine whether the concentrations of
the GenX compounds in the wastewater discharge to the Cape Fear River from the
Chemours manufacturing facility are protective of human health, taking into
account all relevant factors including, without limitation, toxicity, persistence in the
environment, and bloaccumulation; and
c. To immediately modify NPDES Permit NC0003573 to prevent any discharge of the
GenX compounds from the Chemours manufacturing facility wastewater treatment
plant until paragraphs 1.a. and b. have been completed.
2. The CFPUA requests EPA determine whether Chemours has:
DEQ-CFW 00074528

a. For each month in which Chemours has discharged any amount of GenX to the Cape
Fear River, continuously captured/destroyed 99% of GenX from its wastewater
treatment plant effluent streams; and
b. Has established at its Fayetteville facility the necessary processes and procedures to
ensure that 99% of GenX is being and will continue to be captured/destroyed from
its wastewater treatment plant effluent streams.
3. CFPUA requests EPA immediately review the studies it has received from Chemours and any
sampling it is aware of and determine immediately whether the concentrations of the GenX compounds
in the wastewaters from the Chemours manufacturing facility wastewater treatment plant being
discharged to the Cape Fear River are protective of human health, taking into account all relevant
factors including, without limitation, toxicity, persistence in the environment, and bioaccumulation and
to immediately modify PMN P-08-508 and P-08-509 to prevent the discharge of any fluorochemical
compounds into the Cape Fear River until these determinations can be made.
4. CFPUA requests Chemours act responsibly and cease all discharges that contain fluorochemical
compounds until DHHS and EPA determine what levels of concentration for each such compound being
discharged can be safely discharged to protect human health and the environment.
This 16th day of June, 2017.
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Michael C. Brown, III
Chairman of the Board
Attest:
C. Lawrence Sneeden, Secretary
DEQ-CFW 00074529

CAPE FEAR PUBLIC UTILITY AUTHORITY
RESOLUTION
WHEREAS, on June 16, 2017, the Cape Fear Public Utility Authority Board passed a resolution
requesting that NCDEQ and EPA take certain actions regarding the Chemours manufacturing facility's
wastewater treatment plant.
WHEREAS, the Board believes that these actions should be taken in a timely fashion.
NOW, THEREFORE, the Cape Fear Public Utility Authority authorizes its independent
environmental counsel to take whatever actions deemed necessary to accomplish the objectives of the
aforementioned resolution.
Adopted this, the 16th day of June, 2017.
Michael C. Brown, III, Chairman
Attest:
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C. Lawrence Sneeden, Jr., Secretary
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DEQ-CFW 00074530