NC court restores limits on toxic chemical pollution

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Water in glass (Photo: Pixabay/MGN)

CHAPEL HILL, NC (WWAY) — A state court has restored North Carolina’s ability to limit pollution from 1,4-dioxane, a toxic industrial chemical that can threaten drinking water supplies for nearly 1 million people downstream.

According to a news release from the Southern Environmental Law Center, the Wake County Superior Court ruling reverses an earlier administrative law decision and allows the state Department of Environmental Quality to require stronger controls on the chemical, which has been linked to cancer and other serious health effects.

The cities of Asheboro, Greensboro, and Reidsville had sued to block the state from imposing limits on 1,4-dioxane discharges from their wastewater systems. The cities have filed a motion to stay the court’s decision, which is still pending.

Environmental advocates say the ruling is significant for communities across central and southeastern North Carolina that rely on rivers affected by upstream wastewater releases.

“Asheboro, Greensboro, and Reidsville have spent years arguing for downstream communities to shoulder the health and monetary costs of the cities’ pollution,” said Jean Zhuang, a senior attorney with the Southern Environmental Law Center.

The case stems from an August 2023 permit issued by DEQ that limited how much 1,4-dioxane Asheboro could release into the Deep River and downstream drinking water sources.

After the lower court ruling was issued, Asheboro’s pollution levels reportedly spiked to more than 3,500 parts per billion — far above levels considered protective of drinking water supplies.

A map provided by the Southern Environmental Law Center shows the communities affected downstream, including Pittsboro, Chatham County, Sanford, Fayetteville, Wilmington, Brunswick County, and Pender County. Other towns that purchase water from Sanford, including Holly Springs and Fuquay-Varina, are also included.

Testing in 2015 identified Asheboro, Greensboro, and Reidsville as some of the largest sources of 1,4-dioxane pollution in North Carolina.

Because traditional wastewater treatment plants do not remove the chemical, advocates say industrial sources can pass the contamination into sewer systems, sending it directly into rivers and impacting drinking water utilities downstream.

The Southern Environmental Law Center argues cities have authority under the Clean Water Act and state water quality laws to prevent industrial customers from discharging 1,4-dioxane into municipal wastewater systems, shifting treatment costs back to the industrial polluters rather than downstream communities.

 

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