DEQ-CFW_00021493

BROOKS
PIERCE
F Q U N D E 0 38 ),7
June 21, 2017
Bv email to: michael.r!..p?.,o ����nedenr,,.v
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By FedEx to:
Secretary Michael S. Regan
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Department of Environmental Quality
21.7 West Jones Street
Raleigh, North Carolina .27603
Re: Gen X in the Cape Fear River
Addendum to First Set of Requests for DEQ Action
Dear Secretary Regan:
2000 RENAISSANCE PLAZA
no NORTH ELM STPEET
GREENSEOkO,NC 2,7401
WWW,BROOKISNER.C.E.COM
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We are environmental counsel for the Cape Fear Public Utility Authority ("CFPUA"). This
letter is an addendurn to our first set of requests on behalf of CFPUA for DEQ monitoring,
permitting, and regulatory actions, sent on June 19, 2017 and incorporated herein by reference.
We request on behalf of CFPUA that DEQ include conditions in the Chemours NPDES Permit
prohibiting the discharge of the Gen X Pollutants into the Cape Fear River, as required by 15A
NCAC 2B .0104 and 15A NCAC 18C . 1209.
15A NC AC 2B .0104 establishes certain standards for assigning water supply
classifications, which are designed "to maintain, protect, and enhance water quality in North
Carolina," and to "protect human health.," in accordance with the public policy of the State. N.C.
Gen. Stat, § 143-21 I(b), (c); see also N.C. Gen. Stat. § 143-214.1 (requiring adoption of water
classifications and standards). Among other requirements, 15A NCAC 213 .0104 incorporates
certain administrative rules promulgated under the North Carolina Drinking Water Act: "Activities
within water supply watersheds are also governed by the North Carolina Rules Governing Public
Water Supplies., 15A NCAC 18C . 1100, . 1200, and . 1500.- 2B .0 1 04(n).
The North Carolina Drinking Water Act rules, in turn, prohibit certain discharges to waters
of the State protected as water supplies, including the Cape Fear River, which has a classification
of WS-IV:
No treated or untreated domestic sewage, treated or untreated industrial waste or
by products shall be stored on the watershed of or discharged into any public water
supply reservoir or stream tributary to that reservoir whose waters are classified as
WS 1. No untreated domestic sewage or industrial waste by products shall be
discharged into any public water supply reservoir or stream classified as WS 11, CIS
W,itr,-s ,VF(-,Ct F ho r; e.: 6 - i - 3 1 ui g h o u s e @ b rw k;� p i i�.T c e o m
Fz3,C 336-237-9114
S moks, Nerce, Kc L endnn, I iurnphrey Ix Leo: I I rd, LA_ P
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DEQ-CFW-00021493

111, WS-IV, or S-V.... No hazardous waste or industrial by products shall be
stored in the watershed of a ITS 11, WS 111, WS-IV, or WS-V stream armless
precautions are taken to prevent its being spilled into or otherwise entering the rani
eater supply.
15 A Nln:.AC; 1.8C.1209, '1'lris rule prohibits the discharge of industrial byproducts into and' public
'water supply stream classified as S-W, including the Cape Fear River,
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C.hernours' 'NPI)ES Permit Renewal Application. seeks authorization to discharge into the
Cape Fear River, a. Class C;, S-lV eater in the Cape Fear River .Basin. C.'.h.ernours has represented
to State and. local €rfcials...._...inclrrdino to CFII1.1A-4hat: the Gen Pollutants axe `'unregulated.
1-y roducts" not subject to the 2oog I`sC A. Consent Circler entered between EPA and. Chemours,
which authorizes the rrrarufaeture of Gen",1 C;hernorrrs' own statements arrrount to an. admission
that it is prohibited froi.n discharging the Germ Pollutants into the Cape Fear River parsuarrt to
15A.NC",AC 18C .1209.
Accordingly., ��e request that DE fulfill its nondiscrretiorkar�f duties to implement: and.
enforce 15A l CAC 1 t C .1209 and .immediately prohibit C,hemours 11rom discharging any and. all
Clen.% Pollutants into the Cape .Fear River, and also include this prohibition as a condition in
Cherr:rours' NIIDES Permit. We further request that in issuing the Permit, I: EQ tale into
consideration the broader prohibition against discharge of industrial waste or byproducts into
public water supply streams inaccordance with 15A NC"AC; 18C o:l209,
On behalf of C1-0PUA, we look forward to working with you and your department can this
important matter. Thank you for your prorrrpt attention and consideration.
S
G66rue W.'
r See; e.g., II4r THE RAC: Notes from C h-emour°s meeting with local, state officials,
Encore (June 16, 201.7), available at
htl//�.�rel.b.cmi -the-ra_ notes.-w.o
from chemo rs-meet rlit local state oficials/; VaughnHa erty, Questions
remain over GenX consent order, Wilmington Star News (Juno 19, 2017), available at
htI.p: /Ww starno�� � nll � coy /news 2017 619/z;: uostions-tern i_p over- en _M
consent -order,
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