On April 25, 2023, the Division Director of ECAD, EPA R3 issued an Administrative Compliance Order on Consent ( Order ) under Section 309(a) of the Clean Water Act ( CWA or Act ), 33 U.S.C. 1319(a), to The Chemours Company, FC, LLC ( Chemours ), the owner and operator of the Washington Works Site located at 8480 DuPont Road, Washington, West Virginia 26181 ( Facility ) for certain violations of the Act and the Facility's National Pollutant Discharge Elimination System ( NPDES ) Permit No. WV0001279, effective September 1, 2018 ( 2018 Permit ). The 2018 Permit contains conditions for the discharge of stormwater and industrial wastewater at the Chemours Washington Works facility ( Facility ) for certain specified pollutants including, among others, PFOA and HFPO Dimer Acid, also known as GenX. Chemours operates multiple separate manufacturing units at the Facility that produce a variety of organic chemical products. HFPO Dimer Acid is a processing aid used in the manufacture of fluoropolymers at the Facility replacing PFOA which had been used in the past. The 2018 Permit authorizes certain discharges of industrial process and stormwater under specified conditions and limitations. The Order address numeric NPDES effluent limit exceedances of PFOA and HFPO Dimer Acid as well as failure to properly operate and maintain all Facility systems in violation of Sections 301 and 402 of the Clean Water Act, 33 U.S.C. 1311 and 1342.
Pursuant to the Order, Chemours has agreed to