What the state filed
North Carolina Attorney General Jeff Jackson and the Department of Environmental Quality filed a joint lawsuit on June 9, 2026, against Brenntag Mid-South, accusing the chemical distributor of illegally discharging industrial contaminants into Third Fork Creek and an unnamed tributary flowing through south Durham.
The state is asking a court to require Brenntag to submit a remediation plan within 30 days to stop surface water discharge and clean up past contamination. Jackson said the lawsuit also seeks an immediate halt to any ongoing discharge.
How the case built
DEQ received an anonymous complaint in April 2025 about chemical leaks and poor housekeeping at Brenntag's Durham facility. Inspectors found wet and dry chemicals, including petroleum-based lubricants, solvents, acids, and bases, leaking from drums and tanks on site. Contaminated groundwater was pooling around the facility and flowing into the creek.
Water samples confirmed violations of state surface water standards. DEQ issued a notice of violation and ordered a cleanup. Brenntag missed its deadlines. A follow-up inspection found standards still being violated, and the company had still not submitted a corrective action plan.
The city had flagged the facility years earlier, issuing a formal notice of violation in July 2022 after spotting unusually dark water and low oxygen levels. Residents had complained about a foul smell and high concentrations of acetone, ethanol, and toluene.
What neighbors are saying
Third Fork Creek runs past Burton Magnet Elementary School in the McDougald Terrace neighborhood, through Burton Park, and ultimately drains into Jordan Lake, a regional drinking water source. Jackson said officials do not currently believe drinking water is unsafe, though the contamination could affect wildlife.
Ashley Covington, whose child attends Burton Magnet Elementary, told reporters she worries about the water her family uses daily. "We use this water to cook, drink, and bathe," she said. "I don't know what chemicals are in it. It could be harmful to my body."
Longtime Durham resident Willie Lyons said he has noticed changes in water quality at times, though not consistently. A Brenntag spokesperson said the company does not comment on ongoing litigation.