2021.03.31_CCO_ChemoursCivilPenaltyAssessment

March 31, 2021
CERTIFIED MAIL # 7018 1830 0001 8037 1103
RETURN RECEIPT REQUESTED
Dawn Hughes
The Chemours Company FC LLC
22828 NC Highway 87 W
Fayetteville, NC 28306-7332
SUBJECT: Assessment of Civil Penalty for Violations of the Reporting Requirements
NPDES Permit NC0089915
Chemours Company-Fayetteville Works
Case No. LV-2021-0079
Bladen County
Dear Permittee:
Pursuant to NCGS 143-215.6A, the Division of Water Resources assessed a civil penalty to the
Chemours Company FC LLC for multiple violations of NPDES permit NC0089915. This action
was untaken by the authority vested in me pursuant to delegation provided by the Secretary of the
Department of Environmental Quality. This letter transmits a notice of a civil penalty assessed
against the Chemours Company FC LLC in the amount of $38,437.16 (includes $1,187.16 in
enforcement costs).
Within thirty days of receipt of this notice, you must do one of the following:
1.Submit payment of the penalty:
Payment should be made directly to the order of the Department of Environmental Quality (do not
include waiver form). Payment of the penalty will not foreclose further enforcement action for any
continuing or new violation(s). Please submit payment to the attention of:
Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
2.Submit a written request for remission or mitigation including a detailed justification for
such request:
Please be aware that a request for remission is limited to consideration of the five factors listed
below as they may relate to the reasonableness of the amount of the civil penalty assessed.
Chemours Company-Fayetteville Works
Case No.: LV-2021-0079
Page 2 of 6

Requesting remission is not the proper procedure for contesting whether the violation(s) occurred
or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Because a remission request forecloses the option of an administrative hearing, such a
request must be accompanied by a waiver of your right to an administrative hearing and a
stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed
statement that establishes why you believe the civil penalty should be remitted, and submit it to the
Division of Water Resources at the address listed below. In determining whether a remission
request will be approved, the following factors shall be considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143B-282.1(b) was
wrongfully applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the
violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.

Please note that all evidence presented in support of your request for remission must be submitted
in writing. The Director of the Division of the Division of Water Resources will review your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarding the case status, directions for payment, and provision for further appeal
of the penalty to the Environmental Management Commission’s Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that
was not part of the original remission request considered by the Director. Therefore, it is very
important that you prepare a complete and thorough statement in support of your request for
remission.

In order to request remission, you must complete and submit the enclosed “Request for Remission
of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts” form
within thirty (30) days of receipt of this notice. The Division of Water Resources also requests that
you complete and submit the enclosed “Justification for Remission Request.” Both forms should
be submitted to the following address:

Division of Water Resources
Wastewater Branch
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition
for an administrative hearing. You may obtain the petition form from the Office of Administrative
Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30)
days of receipt of this notice. A petition is considered filed when it is received in the Office of
Administrative Hearings during normal office hours. The Office of Administrative Hearings
accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for
Chemours Company-Fayetteville Works
Case No.: LV-2021-0079
Page 3 of 6

official state holidays. The original and one (1) copy of the petition must be filed with the Office
of Administrative Hearings. The petition may be faxed provided the original and one copy of the
document is received in the Office of Administrative Hearings within five (5) business days
following the faxed transmission. The mailing address for the Office of Administrative Hearings
is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone [phone] Facsimile: [phone]
AND
Mail or hand-deliver a copy of the petition to:
General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601

Please indicate the case number (as found on page one of this letter) on the petition.

Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal date/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.

If you have any questions, please contact Danny Smith at 919-707-9014.

Sincerely,

S. Daniel Smith
Director, Division of Water Resources

ATTACHMENTS

cc: DWR Fayetteville Regional Office
NC0089915 Enforcement File
Laserfiche
David Shelton, Chemours Company FC, LLC
Christel Compton, Chemours Company FC, LLC
Kevin Garon, Chemours Company FC, LLC
Dawn Hughes, Chemours Company FC, LLC
Todd Coomes, Chemours Company FC, LLC

Chemours Company-Fayetteville Works
Case No.: LV-2021-0079
Page 4 of 6

John Savarese
Joel Gross
Thomas Santoro
Geoff Gisler, SELC
Kemp Burnette, Cape Fear River Watch

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY
COUNTY OF BLADEN

)
)
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND
CHEMOURS COMPANY FC LLC ) STIPULATION OF FACTS
)
)
PERMIT NO. NC0089915 ) FILE NO. LV-2021-0079

Having been assessed civil penalties totaling $38,437.16 for violation(s) as set forth in the
assessment document of the Division of Water Resources dated March 31, 2021, the undersigned,
desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in
the above-stated matter and does stipulate that the facts are as alleged in the assessment document. The
undersigned further understands that all evidence presented in support of remission of this civil penalty
must be submitted to the director of the Division of Water Resources within thirty (30) days of receipt of
the notice of assessment. No new evidence in support of a remission request will be allowed after (30)
days from the receipt of the notice of assessment.

This the day of , 2021.

SIGNATURE

ADDRESS

TELEPHONE

Chemours Company-Fayetteville Works
Case No.: LV-2021-0079
Page 6 of 6

JUSTIFICATION FOR REMISSION REQUEST

DWR Case Number: LV-2021-0079 County: Bladen

Assessed Entity: Chemours Company FC LLC – Chemours Company-Fayetteville
Works

Permit No.: NC0089915 Amount Assessed: $ 38,437.16

Please use this form when requesting remission of this civil penalty. You must also complete the “Request For
Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts” form to request remission
of this civil penalty. You should attach any documents that you believe support your request and are necessary
for the Director to consider in evaluating your request for remission. Please be aware that a request for remission
is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount
of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the
violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment
document. Pursuant to N.C.G.S. § 143B-282.1(c), remission of a civil penalty may be granted only when one
or more of the following five factors apply. Please check each factor that you believe applies to your case and
provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).

(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were wrongfully
applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment
document);

(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e.,
explain the steps that you took to correct the violation and prevent future occurrences);

(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was
unavoidable or something you could not prevent or prepare for);

(d) the violator had not been assessed civil penalties for any previous violations;

(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions
(i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to
achieve compliance).

EXPLANATION:

STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
COUNTY OF BLADEN

IN THE MATTER OF ) CASE NO. LV-2021-0079
CHEMOURS COMPANY FC LLC )
) FINDINGS AND DECISION
) AND ASSESSMENT OF
) CIVIL PENALTIES
FOR VIOLATIONS OF: )
PERMIT NO. NC0089915 )
)

Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, I, S. Daniel Smith, of the
Division of Water Resources (hereby known as DWR), make the following:

I. FINDINGS OF FACT

A. The Chemours Company FC LLC (Chemours) is a Delaware limited liability company
registered and doing business in the State of North Carolina.

B. Chemours operates a facility known as the Chemours Company-Fayetteville Works
(Facility) in Bladen County.

C. On September 18, 2020, Chemours was issued a National Pollution Discharge
Elimination System (NPDES) permit NC0089915 for a treatment system to remediate
contaminated surface/groundwater from per- and polyfluoroalkyl substances (PFAS)
compounds in an old outfall at the Facility often referred to as “Old Outfall 002” pursuant
to an application received on February 25, 2020. The treatment system discharges into an
unnamed tributary to the Cape Fear River, a waterbody currently classified WS-IV in the
Cape Fear River Basin.

D. On January 26, 2021, DWR issued a Notice of Violation & Intent to Assess Civil Penalty
and Stipulated Penalty (NOV-2021-PC-0047; NOV) to Chemours. The NOV cited
violations of conditions of NPDES Permit No. NC0089915 (Permit), including effluent
limits, minimum capture and treatment requirements, operation and maintenance
requirements, and mitigation requirements.1

E. On February 25, 2021, Chemours submitted a response to the NOV.

F. DWR conducted a review of the October 2020 and November 2020 Discharge
Monitoring Reports (DMRs) submitted by Chemours, logs maintained by the operator in
responsible charge (ORC) of the treatment system, Chemours’ written response to the

1 The NOV also addressed violations of the requirements of the consent order entered by the
Bladen County Superior Court on February 25, 2019. Those violations are outside the scope of
this civil penalty assessment.

NOV, and other correspondence received from Chemours regarding operational issues at
the facility in October and November. In addition, DWR staff conducted site visits on
September 30, 2020, November 6, 2020, November 17, 2020, and December 18, 2020.
DWR’s investigation revealed the following:

• Chemours failed to capture and treat the minimum dry weather flow of 610 gallons
per minute (gpm) on October 11, 2020 through October 21, 2020 and on November
24, 2020 through November 29, 2020, excluding October 13, 2020 and November 25,
2020.
• Chemours recorded a PFMOAA concentration of 1.2 µg/L on October 29, 2020.
• Chemours failed to properly maintain and monitor the internal carbon vessel to
prevent a PFOAA daily maximum limit exceedance on October 29, 2020.
• The treatment works was shut down from approximately 10:00pm on November 12,
2020 to 12:15am on November 13, 2020. The permittee failed to treat 610 gpm from
November 13, 2020 to November 18, 2020. This shutdown and subsequent failure to
treat 610 gpm were precipitated by a 2-day storm event, which began on November
11, 2020, resulted in over 7 inches of rainfall, and caused the Cape Fear River to
reach flood stage on November 13, 2020. Flood stage of the Cape Fear River can
cause flooded backwater conditions at the treatment works, and the issued NPDES
permit allows treatment to be suspended when water levels are equal to or
significantly greater than the invert elevation of the treatment system intake dam and
associated pumping system.
• According to correspondence received from Chemours dated February 25, 2021,
Chemours made manual calculation errors which resulted in reduced capture and
treatment of stream flow on November 24, 2020 through November 29, 2020,
excluding November 25, 2020.

G. The NDPES permit NC0089915 contained the following relevant permit conditions:

Part I, A. (1.) Effluent Limitations and Monitoring Requirements – Outfall 003:
This permit condition includes numeric effluent limits on concentrations of certain PFAS,
including PFMOAA. The effluent daily maximum limit for PFMOAA is 0.85 µg/L.

Part I, A. (1.) Effluent Limitations and Monitoring Requirements – Outfall 003:
“The facility shall develop a Dam (collection system) Operation and Maintenance Plan
(Plan) to ensure maximum dry weather flow (~ 610 gpm) in the channel is consistently
captured and treated. Similar efforts shall be applied at the sumps/dams or other devices
that will be used to capture water from the seeps.”

Part II, C. (2.) Proper Operation and Maintenance:
“The permittee shall at all times properly operate and maintain all facilities and systems
of treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this permit.”

H. The cost to the State of the enforcement procedures in this matter totaled $1,187.16.

Based upon the above Finding of Fact, I make the following:

II. CONCLUSIONS OF LAW

A. Chemours is a ‘person’ within the meaning of G.S. 143-215.6A pursuant to G.S. 143-212
(4).

B. Chemours’ treatment system (NDPES permit NC0089915) discharges into an unnamed
tributary to the Cape Fear River, a waterbody currently classified WS-IV in the Cape
Fear River Basin. The unnamed tributary to Cape Fear River constitutes waters of the
State within the meaning of G.S. 143-212(6).

C. Chemours was issued NDPES permit NC0089915 in accordance with G.S. 143-215.1(a)
for the operation and maintenance of a treatment facility for the Chemours Company-
Fayetteville Works in Bladen County, North Carolina.

D. From October 11, 2020 to October 21, 2021 (excluding October 13, 2020), Chemours
failed to capture and treat dry weather flow of 610 gpm, violating NDPES permit
NC0089915 Part I, A. (1.) Effluent Limitations and Monitoring Requirements - Outfall
003.

E. On October 29, 2020, Chemours violated Part I, A. (1.) Effluent Limitations and
Monitoring Requirements – Outfall 003 PFMOAA effluent limit of 0.85µg/L. The daily
value reported was 1.2 µg/L.

F. On October 29, 2020, Chemours violated the operation and maintenance requirements set
forth in Part II, Condition C. (2.) by failing to adequately maintain and monitor the
internal carbon vessel to prevent a permit limit exceedance.

G. From November 24, 2020 to November 29, 2020 (excluding November 25, 2020),
Chemours violated NDPES permit NC0089915 Part II, Condition C. (2.) Operation and
Maintenance by making manual calculation errors, which resulted in reduced capture and
treatment of stream flow.

H. Chemours may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A
(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars
($25,000) per violation per day may be assessed against a person who is required but fails
to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to
act in accordance with the terms, conditions, or requirements of such permit or any other
permit or certification issued pursuant to authority conferred by this Part.

I. The State’s enforcement cost in this matter may be assessed against Chemours pursuant
to G.S. 143-215.3 (a)(9) and G.S. 143B-282.1(b)(8).

J. S. Daniel Smith, Director of the Division of Water Resources, pursuant to delegation
provided by the Secretary of the Department of Environmental Quality, has the authority
to assess civil penalties in this matter.

Based upon the above Findings of Fact and Conclusions of Law, I make the following:

III. DECISION

Accordingly, Chemours Company FC LLC. is hereby assessed a civil penalty of:

$ 30,000.00 For __10____ of ten (10) violations of NDPES permit NC0089915, Part I,
A. (1.) Effluent Limitations and Monitoring Requirements - Outfall 003 by
the failure to capture and treat a minimum of 610 gpm on October 11,
2020 through October 21, 2020, excluding October 13, 2020.

$ 3,000.00 For ___1__ of one (1) violation of NDPES permit NC0089915, Part I, A.
(1.) Effluent Limitations and Monitoring Requirements – Outfall 003 for
exceedance of the PFMOAA daily limit of 0.85µg/L on October 29, 2020.

$ 3,000.00 For ___1___ of one (1) violation of NDPES permit NC0089915, Part II,
Condition C. (2.) Operation and Maintenance by failing to operate and
maintain the internal carbon vessel to prevent a permit limit exceedance
on October 29, 2020.

$ 1,250.00 For ___5____ of five (5) violations of NPDES NC0089915 permit
condition Part II, Condition C. (2.) Operations and Maintenance for
making calculation errors which resulted in reduced capture and treatment
of stream flow on November 24, 2020 through November 29, 2020,
excluding November 25, 2020.

$ 37,250.00 TOTAL CIVIL PENALTY, authorized by G.S. 143-215.6A

$ 1,187.16 Enforcement Cost

$ 38,437.16 TOTAL AMOUNT DUE

As required by G.S. 143-215.6A(c), in determining the amount of penalty, I considered the
factors set out in G.S. 143B-282.1(b), which are:

(1) The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violations;

(2) The duration and gravity of the violations;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violations were committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.

___3/31/2021_______________ ______________________________
Date S. Daniel Smith, Director
Division of Water Resources