ELR Citation: ELR 20438
No(s). 70-H-1335 (S.D. Tex. Nov 14, 1971)

Injunction of September 17, 1971, against defendant's discharging any phenols, cyanide, ammonia or sulfides into the Houston Ship Channel in violation of Rivers and Harbors Act of 1899, §13, is modified to permit limited discharges pending completion of an incineration system by June 7, 1972. Defendant shall report monthly progress to the Regional Administrator of the Environmental Protection Agency and to the Director of the Texas Water Quality Board, and permit them access to its premises for sampling discharges at any time upon reasonable notice. Since the deadly ecological damage to marine life in the Channel is incapable of precise determination, failure to comply with the order's stated level of permissable discharge shall subject defendant to liquidated damages of $2,500/day for each day of violation.

Counsel for Plaintiff
Shiro Kashiwa, Assistant Attorney General
Rm. 2143, Department of Justice
10th & Const. NW
Washington, DC 20530

Counsel for Defendants
George W. Rice
Butler, Binion, Rice, Cook & Knapp
1100 Esperson Building
Houston, TX 77002

Crawford Martin, Attorney General
Richard W. Chote, Assistant Attorney General
Austin, TX 78711