The Justice Department, Environmental Protection Agency (EPA), and West Virginia Department of Environmental Protection (WV DEP) announced on Wednesday a multi-state settlement with the Chemours Company under the Clean Water Act, Resource Conservation and Recovery Act, Toxic Substance Control Act, and West Virginia Water Pollution Control Act.

The settlement covers four Chemours facilities — located in West Virginia, North Carolina, and New Jersey — that use or produce PFAS (per- and polyfluoroalkyl substances), which are synthetic “forever chemicals” used to make products resistant to water, grease, and stains, a statement on Wednesday said.

Chemours also manufactures PFAS for various industrial and military applications, including those where substitutes are not readily available. This is the first comprehensive settlement by the federal government to resolve enforcement claims over pollution by a manufacturer of forever chemicals.  

Under the agreement, Chemours will pay a $22.5 million civil penalty for alleged violations and conduct a multi-year $90 million programme to mitigate PFAS discharges.

Chemours will also install PFAS pollution controls for surface water discharges and air emissions at its facility in West Virginia, at an estimated cost of $60 million, supply clean drinking water for more than a decade to communities that surround its facilities in West Virginia and New Jersey at an estimated cost of $280 million, and evaluate options and implement corresponding controls to reduce releases of PFAS and other toxic chemicals from its facility in North Carolina.

Combined, the cost of the penalty and injunctive relief programmes are estimated to exceed $450 million.

The settlement allows Chemours to continue manufacturing PFAS for critical commercial and military applications while preventing future contamination and protecting communities from that contamination.

The complaint alleges that three of the facilities that Chemours operates in West Virginia, North Carolina, and New Jersey discharged PFAS into the Ohio River, the Cape Fear River, and the Delaware River, in violation of permits required under the Clean Water Act and the West Virginia Water Pollution Control Act.

Also, Chemours was allegedly not complying with legal requirements under the Toxic Substances Control Act at all four facilities. These alleged violations continued for over a decade. The facilities were owned by DuPont for many decades, and today’s settlement does not resolve DuPont’s liability for forever chemicals.

As a result of the alleged violations, people living around these facilities were exposed to illegal PFAS. PFAS are widely used and found around the world, and scientific studies show that exposure to certain PFAS in the environment may be linked to harmful health effects in humans and animals.

To remedy the alleged violations, the consent decree calls for 14 specified projects at the West Virginia plant to reduce PFAS in wastewater, stormwater, and groundwater, including treatment systems using granulated activated carbon.

For people drinking water near the plants in West Virginia and New Jersey, Chemours will test the drinking water and provide treated or alternative clean water.

Also, Chemours will be required to control releases of the chemical compound GenX (used to make plastics called fluoropolymers) from each facility to at least 99% efficiency. Additionally, Chemours will implement controls at its North Carolina facility to mitigate releases of PFAS and other toxics based on recommendations from a third-party engineering firm.

These programs will last for 15 years.

Chemours will also implement enhanced Leak Detection and Repair programmes to reduce emissions of PFAS. Finally, Chemours must certify compliance regarding its storage of hazardous waste.