The NC Department of Environmental Quality’s Division of Water Resources (DWR) has withdrawn from Alcoa Badin Business Park’s (ABBP) proposed Special Order by Consent or “SOC.” The SOC would have allowed ABBP to divert contaminated stormwater currently going into Little Mountain Creek into Badin Lake. Alcoa requested the SOC because it has been unable to consistently meet existing limits for cyanide and fluoride in its discharge into Little Mountain Creek. Under the SOC, Alcoa would have diverted that discharge into Badin Lake, where the contaminants would be diluted in a regulatory “mixing zone” allowing ABBP to meet state water quality standards. Read the press release here.

Yadkin Riverkeeper rallied grassroots opposition to the SOC with more than 300 public comments. The Southern Environmental Law Center submitted extensive comments on YRK’s behalf, which pointed out the proposed SOC would not reduce contaminants entering the water. YRK also helped organize a citizens’ group in Montgomery County called “Protect Badin Lake,” which created a petition that gathered more than 3,300 signatures. Sign the petition here.

The DWR has not provided any details on why it rejected the SOC and it is unclear where we go from here. The state has fined ABBP for its current violation, but they could resubmit another SOC proposal for the state to consider, which would potentially trigger another public comment period and perhaps a public hearing.

YRK will be reviewing the state’s decision on the SOC with its partners at the Southern Environmental Law Center and the Duke Environmental Law and Policy Clinic to determine our next steps. We also will be refocusing our efforts on the long term goal of cleaning up the more than 40 hazardous waste disposal sites in and around the former aluminum smelter. YRK has set up a Yadkin River Protection Fund to help cover the costs of independent monitoring on Badin Lake and staff time dedicated to this case. Please consider a donation today if you want to see Alcoa held accountable.