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West Virginia Rivers Coalition lawsuit accuses Chemours of polluting waterway

(Court Reports - Photo Illustration/MetroCreativeConnection)

WASHINGTON W.Va. — A group that has tasked itself with protecting West Virginia’s waterways has filed a lawsuit against Chemours, claiming the Washington, W.Va.-based company is violating the Federal Clean Water Act by continuing to discharge pollutants into the water.

The suit was filed by the West Virginia Rivers Coalition Inc., a non-profit organization with around 1,000 members, according to paperwork filed with the United States District Court for the Southern District of West Virginia at Charleston.

Read It: Chemours Lawsuit filed by West Virginia Rivers Coalition Inc.

The group says it works to promote the overall health of West Virginia’s waters and their downstream benefits and also seeks the preservation of high-quality waters and the improvement of waters that should be of higher quality.

“West Virginia Rivers Coalition, Inc., is dedicated to conserving and restoring West Virginia’s exceptional rivers and streams,” the paperwork stated.

The lawsuit said coalition member Charlise Robinson lives near and views the Ohio River around the Washington Works Plant and “is offended by it because of its contamination by Chemours.” She does not use the Ohio River for recreation because of Chemours’ discharges, and her drinking water from the Lubeck water system is contaminated due to Chemours’ historical and current operations. Additionally, member Eric Engle used to fish the Ohio River downstream of Chemours and otherwise recreate in the river, but has minimized his use of the river for such purposes after understanding the extent of Chemours’ pollution with PFAS (per- and polyfluoroalkyl substances) and other harmful substances. He too lives and works near the river at or around the Washington Works Plant and his enjoyment of the river is diminished because of Chemours’ unlawful pollution, the lawsuit said.

“As a result of Chemours’s unlawful discharges, Plaintiff’s members’ environmental, aesthetic, and recreational interests are adversely affected,” the lawsuit claims.

Chemours has held a West Virginia/ National Pollutant Discharge Elimination System (NPDES) permit, which regulates discharges from Chemours’ Washington Works Plant. Their permit requires limits on perfluorooctanoic acid (PFOA) and hexafluoropropylene oxide-dimer acid (also known as HFPO-DA or GenX).

The lawsuit details alleged instances when Chemours was not in compliance with monitoring requirements and exceeded acceptable levels for drinking water.

The plaintiffs want the court to declare Chemours has violated and is in continuing violation of the Clean Water Act, and to compel the company to immediately comply with all terms and conditions and order the company to pay a civil penalty of up to $66.712 per day for each violation of the Clean Water Act. The plaintiffs want the court to order Chemours to conduct monitoring and sampling to determine the environmental effects of its violations, to repair environmental contamination and/or degradation caused by the materials put in the water and to restore the environment to its prior condition.

In a statement from the company, officials said Chemours is committed to being a good neighbor to the communities in which it operates.

“The Coalition’s concerns are being addressed through a Consent Order that was agreed upon by the United States Environmental Protection Agency (EPA) and Chemours in April 2023,” the statement said. “Chemours is also engaged in the site’s water discharge permit renewal process that is currently underway with the West Virginia Department of Environmental Protection (WVDEP).”

Chemours is actively engaging with EPA and WVDEP to navigate both the consent order and the permit renewal process, the statement said.

“Chemours recognizes the Coalition as a community stakeholder and invites the Coalition to engage directly with the Washington Works team,” it said.

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