A Durham chemical company accused of illegally contaminating a tributary of Third Fork Creek has agreed to a court order requiring it to stop polluted discharges, investigate the source of contamination and develop a plan to clean up the site.
The tributary flows into Jordan Lake, a major drinking water source for the Triangle, making the case significant beyond Durham. The consent preliminary injunction requires Brenntag Mid-South to take immediate steps to address contamination while the state's lawsuit continues. The order is enforceable by the court.
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North Carolina Attorney General Jeff Jackson announced the agreement Wednesday after suing Brenntag in June on behalf of the North Carolina Department of Environmental Quality. The lawsuit alleges the company violated state water quality laws by allowing contaminated groundwater and other pollutants to discharge into an unnamed tributary of Third Fork Creek.
"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," Jackson said in a statement.
According to court records, DEQ began investigating the facility after receiving an anonymous complaint in April 2025 alleging chemical leaks, chemical dumping and poor housekeeping. During an inspection, state officials found chemicals stored in leaking drums, totes and tanks. They also observed black water pooling near a stormwater outfall and flowing into an unnamed tributary of Third Fork Creek.
Water samples collected during multiple inspections found violations of state surface water standards, including low dissolved oxygen levels that can make it difficult for fish and other aquatic life to survive. The contamination was detected downstream of the facility, including near Burton Magnet Elementary School and Burton Park.
Court documents show DEQ issued notices of violation requiring Brenntag to identify the source of the contamination, evaluate risks to people and the environment, and develop a corrective action plan. Brenntag requested additional time to complete the work, and although DEQ granted extensions, the company failed to submit a required corrective action plan by the March 2026 deadline, according to the filing.
The injunction establishes new court-ordered deadlines. Brenntag must submit a revised site assessment by Aug. 17 identifying the source of contamination, estimating how much pollution is being discharged and evaluating potential risks to human health and the environment. The company must submit a plan to eliminate the discharges by Sept. 1 and replace temporary fencing along the creek by Sept. 30.
The company also agreed to continue surface water monitoring and reimburse the City of Durham for warning signs advising people not to wade, swim or fish in affected sections of Third Fork Creek.
The court filing says groundwater sampling found multiple contaminants exceeding state groundwater standards, while more recent surface water sampling continued to show water quality violations closer to the facility, although some conditions had improved. The filing concludes groundwater discharge from the site appears to be a significant source of the ongoing contamination.
Third Fork Creek and its tributaries are classified by the state as Water Supply V waters, meaning they are protected drinking water sources. The creek is part of the Jordan Lake watershed, which supplies drinking water to communities across the Triangle.
The preliminary injunction will remain in effect while the lawsuit proceeds, and the court retains jurisdiction to enforce its terms if Brenntag fails to comply.