How The Legislature Has Blocked Efforts To Keep Water Clean

Safe drinking water in Pittsboro is once again threatened by dangerous levels of a toxic water pollutant discharged by an upstream city’s wastewater plant. And the “thanks” for this uncontrolled health threat lies at the feet of regulatory maneuvering by the N.C. General Assembly and its appointees.

First, here’s the latest news. On January 24th, the City of Burlington once again detected very high levels of the suspected carcinogen 1,4-Dioxane in its wastewater treatment plant’s discharge. The same thing happened last summer. And the chemical was linked to a manufacturing plant which discharges into the city’s sewage system. Then Burlington discharges its treated wastewater into the Haw River. Burlington properly notified the Town of Pittsboro. The town temporarily stopped drawing water from the river while the slug of contaminated wastewater was moving toward them. 

The uncontrolled, recurring nature of this threat to human health is not an accident. Nor is it news to lawmakers. The NC Department of Environmental Quality (DEQ) has already widely identified these threats. In March 2022, the NC Environmental Management Commission (EMC) adopted an enforceable standard regulating the level of 1,4-Dioxane in surface waters. Such an enforceable standard allows the DEQ to write suitable limits into permits for wastewater discharges. However, almost two years later, that rule has not gone into effect. Why? You may ask. The answer is a case study in the abuse of administrative law by our state legislature. Time and time again they prove determined to protect polluters instead of people’s health. 

In her environmental law blog, Robin Smith (environmental attorney and former Assistant Secretary for the Environment in DEQ’s predecessor agency) explains how it was done. 

In a nutshell, the legislature established a special state administrative agency to sabotage environmental protections. The legislature established the NC Rules Review Commission (RRC) to screen and reject state agency rules–primarily environmental ones. Then, in 2022, the RRC rejected the aforementioned standard because they found the analysis of its economic impact to be unsatisfactory, a reason which state law doesn’t actually allow as a basis for RRC rejection of a rule. The EMC challenged the rejection on that basis. However, the legislature last year (2023) changed the membership of the EMC. Though Governor Cooper vetoed the legislation, the supermajority overrode his veto. Early this month (January 2024), the newly reconstituted EMC decided to drop the lawsuit. 

The Lasting Effects

As a result, a scientifically crafted rule limiting the level of a cancer-causing chemical in North Carolina drinking water sources has been blocked. This all happened all below the radar of most state residents. And the incidents like last week’s slug of dangerous wastewater heading for the faucets of Pittsboro will continue to add up. 

Pittsboro isn’t the only municipality who’s experienced such a problem. Fayetteville is another case, and without legal limits and testing we may never know how many others are at risk. Isn’t it time that we elected more legislators who care more about protecting human health than polluters’ profits? We think so. Donate today to see some wins for the environment this upcoming election season.