ELR Citation: ELR 20185
No(s). 6092 (W.D. Ky. Sep 25, 1973)

An oil company is found guilty under §311(b)(5) of the Federal Water Pollution Control Act Amendments of 1972 for failing to notify an appropriate federal agency immediately after discovering an oil discharge from its facilities into a non-navigable stream. Navigability of the stream is not an element of the offense since the Act applies to all waters of the United States, nor must the government establish the effect on interstate commerce of the discharge or of the stream. The court denies defendant's motion to suppress evidence obtained through the use of its notification to the federal agency, since the notification was not immediate and therefore was not received pursuant to §311(b)(5), which provides for the suppression of such evidence.

Counsel for Plaintiff
A. Duane Schwartz Asst. U.S. Attorney
Federal Building
600 Federal Place
Louisville, KY 40202

Lally Zimmerman
J. Vance Hughes
Environmental Protection Agency, Region 4
Federal Office Building
275 Peachtree N.E.
Atlanta, GA 30303

Counsel for Defendant
Ralph Wible
Sandidge, Holbrook, Craig & Hager
100 St. Ann Building
Owensboro, KY 42301