A law firm representing Chemours in a dispute with the state of North Carolina says the state has no legal basis for its recent actions.
Chemours is based in Wilmington. The publicly traded company was spun off from DuPont in 2015.
State environmental officials took action against the company and its Fayetteville Works earlier this month for trace amounts of chemicals found in wells. The chemicals have also been found in the Cape Fear River.
Test results from the state Department of Environmental Quality showed concentrations of GenX in wells on Chemours’ Fayetteville Works’ property were in violation of state groundwater standards, the state reported earlier in the month. The wells tested are not used for drinking water, according to a release.
According to a state release, water samples are undergoing further testing at other laboratories.
“We are taking all necessary steps to address clear violations of state rules and will launch a private well testing regimen for homeowners living near the facility, to determine if the contamination has moved beyond the Chemours facility into well water used for drinking,” stated Michael Regan, secretary of the Department of Environmental Quality. “As is our routine when we find violations of groundwater rules on a company’s property, we are reaching out to residents who use wells as their source of drinking water.”
“… there is no evidence whatsoever that these two trace level discharges represent an acute health risk or other public health emergency that would justify precipitous action, the letter from the law firm stated.
The letter added that Chemours has already taken measures to identify and eliminate sources of the compounds.
“In sum, PFESA Order violates applicable law, contravenes the terms of Chemours’ NPDES permit and longstanding NPDES permitting practice, is unsupported by any facts or science made known by DEQ, and otherwise is arbitrary and capricious.”
