ELR Citation: ELR 20722
No(s). 75-240 (W.D. La. Aug 22, 1975)

Since EPA has not determined alcohol to be a hazardous substance under §311 of the Federal Water Pollution Control Act Amendments of 1972, the defendant barge company's employee did not trigger the immunity provision in §311(b)(5) by notifying the Coast Guard of a small alcohol spill. Defendant is thus criminally liable for the spill and is fined $1,000.

Counsel for Plaintiff
Donal E. Walter, U.S. Attorney
P.O. Box 33
Shreveport, LA 71161

Earl Salo
Department of Justice
Washington, DC 20530

Counsel for Defendant
Donald Abaunza
Lemle & Kelleher
1 Shell Square
New Orleans, LA 70139