State AG sues company over ‘black water’ near an East Durham elementary school
_fitted.png "The state says black water and toxic chemicals have been found at the site of Brenntag Mid-South, Inc. in East Durham. The company failed to clean up the pollution, prompting legal action.")
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- The state is suing Brenntag Mid-South, Inc. an industrial chemical located in Durham.
- The company has been cited for illegally dumping pollutants into local waterways.
- The Durham County Superior Court is demanding the company stop.
The state is suing a chemical distribution company it says is illegally dumping pollutants from its East Durham facility into local waterways.
N.C. Attorney General Jeff Jackson and the N.C. Department of Justice, representing the N.C. Department of Environmental Quality, filed a lawsuit Tuesday against Brenntag Mid-South Inc., a distributor of industrial chemicals and ingredients.
State officials are demanding that the company, which has a facility at 2000 E. Pettigrew St., immediately contain the alleged contamination and submit a cleanup plan within 30 days.
In November, Brenntag was cited by state officials for failing to clean up leaking barrels on the property. According to the lawsuit, recent testing showed the chemicals enter a stream that runs behind Burton Magnet Elementary School, through Burton Park, and feeds into Third Fork Creek and Jordan Lake, the drinking water supply for over a million people.
According to the lawsuit, the environmental investigation began last April following an anonymous complaint alleging chemical leaks, dumping and poor housekeeping at the Brenntag site. When DEQ inspectors visited the facility, they found leaking storage drums and tanks, and noted that the site’s groundwater remediation system was turned off.
In dry weather conditions, state investigators saw “black water” pooling at a stormwater outfall and flowing into the creek. The city posted a notice prohibiting visitors at Burton Park from wading or playing in the creek. The park joins a list of contaminated parks in the city. Currently, there are five parks in Durham closed due to lead contamination.
Demand for accountability
Aidil Ortiz, a community organizer in Old East Durham, lives near the Brenntag facility. For months, she and other residents have been trying to raise awareness and hold Brenntag accountable.
“I want to see our city made whole for all the money they’ve ever spent trying to chase the faces of this issue,” she said. “When everyday residents in Durham break rules, we get lights shut of, water shut off, we get fees and fines, liens on our home. When multi-national companies mess up, they get decades to figure it out.”
Ortiz said the company has not given neighbors any communication about clean-up plans. Most neighbors have only heard about the problem from residents who attended monthly city Environmental Affairs Board meetings and shared information with others.
“The site has been used for many things,” she said. “Once you assume ownership of a property, you’re responsible. I don’t get out of that responsibility and get to put my hands in the air and be innocent.”
‘Severe’ environmental damage
Water testing by the state Division of Water Resources confirmed severe environmental destruction. Samples taken downstream revealed a drop in dissolved oxygen levels below the state’s legal standard of 4.0 mg/L, creating conditions hazardous to aquatic life, the lawsuit reads.
In February, groundwater assessments found volatile compounds like acetone and ethanol, a human carcinogen, far exceeding state groundwater standards, according to the lawsuit.
Officials said Brenntag has had multiple chances to self-correct before the state escalated the matter to the courts. The November violation demanded a corrective action plan, but as of Monday, the company had failed to stop the discharges.
“Brenntag has had plenty of time and opportunity to clean up its act so that our water doesn’t get contaminated,” Jackson said in a statement. “It hasn’t.”
The News & Observer contacted Brenntag for a comment Wednesday but did not hear back. The lawsuit asks Durham County Superior Court to force the company to halt the illegal discharges, implement containment measures and absorb the costs of the action.