CHARLESTON — A federal lawsuit accuses Chemours Company of violating the Clean Water Act at its Washington Works Plant in Wood County.
West Virginia Rivers Coalition alleges the chemical manufacturer has repeatedly discharged pollutants into the Ohio River and surrounding waters, exceeding legal limits outlined in its federal discharge permit.
The lawsuit seeks declaratory and injunctive relief and civil penalties to address Chemours’s alleged noncompliance with the Clean Water Act (CWA), according to the complaint filed Dec. 5 in U.S. District Court for the Southern District of West Virginia at Charleston.
The plaintiff claims the company has failed to meet regulatory standards for perfluorooctanoic acid (PFOA) and hexafluoropropylene oxide-dimer acid (HFPO-DA), known collectively as PFAS or "forever chemicals," along with violations related to pH levels and total suspended solids (TSS).
At issue is Chemours’s WV/NPDES Permit No. WV0001279, issued in 2018 and administratively extended beyond its expiration in July 2023.
The permit governs wastewater discharges from the plant into the Ohio River, including specific outlets that release stormwater, cooling water, and process wastewater.
According to the complaint, Chemours has consistently failed to comply with limits for PFAS chemicals, which do not naturally degrade and can accumulate in the environment, posing risks to human and animal health.
Research has linked PFAS exposure to serious health concerns, including cancer, liver damage, and developmental defects, the complaint states.
The Environmental Protection Agency (EPA) recently tightened its health advisories for PFOA and HFPO-DA, setting maximum contaminant levels (MCLs) of 4 parts per trillion (ppt) and 10 ppt, respectively.
However, the complaint alleges that discharges from Chemours’s facility have far exceeded these thresholds, according to the suit.
In addition to PFAS-related violations, the lawsuit cites failures to meet permit standards for pH levels and TSS at various discharge outlets.
Excess TSS can harm aquatic ecosystems by reducing water quality and damaging habitats, while improper pH levels can disrupt aquatic life and water chemistry.
The EPA issued an Administrative Compliance Order in April 2023 requiring Chemours to develop and implement a plan to meet PFAS effluent limits.
Chemours submitted its plan in August 2023, but the plaintiff argues that EPA has not formally acted on it, leaving the violations unaddressed.
While the EPA’s order outlined corrective measures, the lawsuit contends it does not preclude legal action because it lacked public notice, did not impose financial penalties, and has not been diligently enforced.
The plaintiff is asking the court to compel Chemours to comply with its permit immediately, pay civil penalties of up to $66,712 per day for each violation, and fund environmental monitoring and restoration efforts.
The Washington Works Plant, a major chemical production site, has faced scrutiny over its environmental practices for years.
West Virginia Rivers Coalition is seeking an order declaring Chemours has violated the CWA; enjoining the defendant from further violating its permits; compelling it to pay the penalties mentioned above and awarding attorneys' fees. It is represented by Amanda Demmerle of Appalachian Mountain Advocates in Charleston and Derek Teaney of Appalachian Mountain Advocates in Lewisburg.
The attorneys did not respond to requests for comment before publishing this story.
U.S. District Court for the Southern District of West Virginia, Charleston case number: 2:24-cv-00701