DEQ-CFW_00084230

STATE OF NORTH CAROLINA 1
g11 �Fr jENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF BLADEN 17 CVS 580
a
Plaintiff,
Defendant.
Plaintiff, the State of North Carolina, by and through the North Carolina Department of
Environmental Quality ("DEQ") and Defendant The Chemours Company FC, LLC ("Chemours"),
together with its agents, employees, successors and assigns, hereby agree to the entry of this Partial
Consent Order in order to partially resolve matters in controversy between DEQ and Chemours.
This Consent Order partially resolves this matter. Plaintiff reserves, and this Partial
Consent Order is without prejudice to, all rights against Chemours, concerning all other matters,
including but not limited to the following: 1) claims based on Chemours' new or subsequent
violations of surface water quality laws and NPDES permitting requirements; 2) claims based on
chemicals not identified in this Partial Consent Order; 3) claims based on Chemours' violations of
groundwater quality standards; 4) claims based on Chemours' failure to satisfy any term or
I
DEQ-CFW-00084230

provision of this Partial Consent Order. Chemours reserves, and this Partial Consent Order is also
without prejudice to all of Chemours' rights and defenses, except for the matters set forth in this
Partial Consent Order and is without admission as to any fact.
NOW THEREFORE, upon the consent of the parties, it is hereby ORDERED,
1. Chemours shall continue the measures it has implemented to prevent the discharge of
process wastewater containing GenX (HFPO dimer acid) into waters of the State.
2. Chemours shall immediately prevent the discharge of PFESA compounds referenced in
Paragraph 57 of the Complaint in this matter from what Chemours has represented to be
the single source of significance in terms of discernible levels of these compounds, and
shall continue to prevent the discharge of the same from this source until such time as an
NPDES permit with appropriate permit conditions authorizing any such discharge is
issued;
3. Upon the Chemours' and DEQ's execution of a mutually agreeable confidentiality
agreement, Chemours shall _• give permission to EPA for • to review
confidential business information as set forth in the four categories outlined on page 2 of
the August 16, 2017 letter from William Lane to R. Steven DeGeorge;
4. Chemours agrees to make good faith efforts to respond to information requests by DEQ,
including providing the remainder of the information requested in the correspondence
listed below in a timeframe to be agreed upon by the parties and presented to the Court:
a. The letter dated July 21, 2017 sent by DEQ Secretary Michael S. Regan, attached
to the Complaint in this matter as Exhibit N;
N
DEQ-CFW-00084231

b. The letter dated August 16, 2017 sent by DEQ General Counsel William Lane,
attached to the Complaint in this matter as Exhibit 0;
c. The August 18, 2017 Letter; and
d. The letter dated August 29, 2017 sent by DWR Deputy Director Linda Culpepper,
attached to the Complaint in this matter as Exhibit Q.
lip
pursuant to Chapter 5A of the North Carolina General Statutes.
6. Each undersigned representative of a party to this Partial Consent Order certifies that he or
she is authorized to enter into the terms and conditions of this Partial Consent Order, and
to execute and legally bind such party to this Partial Consent Order.
This the ?- day of September, 2017.
I
sser A Do glas A * Senior Resident Superior Court Judge
DEQ-CFW-00084232

WE CONSENT:
ANN
By:
Li' a Culp er CulpDeputy Director
Division of Water Resources
PLAINTIFF
m
4
MEMMRMN�
DEQ-CFW-00084233