Court Orders Brenntag Mid‑South To Stop Discharges: A judge has issued a preliminary injunction forcing Brenntag to halt polluted releases into a tributary of Third Fork Creek that drains to Jordan Lake. Inspections found leaking drums, black water entering a stormwater outfall, and contaminants above state standards, with dissolved oxygen low enough to harm aquatic life. Brenntag must submit a revised site assessment by mid‑August and a plan to stop discharges by early September, and it will continue monitoring water and reimburse Durham for warning signs.
Court Orders Brenntag Mid‑South To Halt Pollution Into Durham Creek That Drains To Jordan Lake
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A court has ordered Brenntag Mid‑South, a chemical distributor in Durham, N.C., to stop discharging pollutants into an unnamed tributary of Third Fork Creek that drains into Jordan Lake — a primary drinking water source for communities across the Research Triangle.
What the Injunction Requires
Under a preliminary injunction agreed to by the company, Brenntag must immediately cease the contaminated releases, identify the source of contamination, and prepare a cleanup plan while the state’s lawsuit proceeds. The order also requires the company to replace temporary fencing along the creek, continue monitoring surface water, and reimburse the City of Durham for warning signs posted along impacted stretches of Third Fork Creek.
Background And Inspection Findings
The action follows an anonymous complaint in April 2025 that alleged chemical leaks, dumping and poor housekeeping at the facility. State inspectors subsequently reported finding chemicals in leaking drums and similar tanks, and they observed dark or "black" water pooling near a stormwater outfall before entering the tributary.
Multiple water and groundwater samples taken during inspections showed contaminants above North Carolina standards and surface-water violations, including dissolved-oxygen levels low enough to threaten fish and other aquatic life. Officials said contamination was detected downstream near Burton Magnet Elementary School and Burton Park.
Regulatory Context And Deadlines
The North Carolina Department of Environmental Quality (DEQ) — represented by Attorney General Jeff Jackson in the suit — designates Third Fork Creek and its tributaries as Water Supply V, meaning those waters are protected as drinking-water sources and lie inside the Jordan Lake watershed. Court records show DEQ previously ordered Brenntag to locate the contamination source, evaluate risks and submit a corrective action plan; Brenntag missed the March 2026 deadline even after receiving extensions.
Per the injunction, Brenntag must submit a revised site assessment by mid‑August that identifies the contamination source, estimates the volume of pollutants being discharged, and assesses risks to human health and the environment. The company must then file a plan to stop the discharges by early September. The court order also requires ongoing surface-water monitoring.
"We now have a court order to stop the contamination of this water in Durham, and we're going to make sure it is followed to the letter," Attorney General Jeff Jackson said in a statement.
The lawsuit is ongoing. As investigators and regulators continue to assess the site, the City of Durham has posted warning signs advising the public not to wade, swim or fish in affected stretches of Third Fork Creek.
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